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b . Consistent with the contractor's work force requirements and as permissible under Federal and State regulations , the contractor shall make full use of training programs , i . e . , apprenticeship , and on-the-job training programs for the geographical area of contract performance . Where feasible , 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training . In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision . C . The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each . d . The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion . (8 ) Unions : If the contractor relies in whole or in part upon unions as a source of employees , the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions , and to effect referrals by such unions of minority and female employees . Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a . The contractor will use best efforts to develop , in cooperation with the unions , joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b . The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race , color, religion , sex, national origin , age or disability. C , The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information . d . In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement , the contractor will , through independent recruitment efforts , fill the employment vacancies without regard to race , color, religion , sex, national origin , age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women . (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees . ) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 , as amended , and these special provisions , such contractor shall immediately notify the SHA. (9 ) Selection of Subcontractors Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race , color, religion , sex , national origin , age or disability in the selection and retention of subcontractors , including procurement of materials and leases of equipment. a . The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b . Disadvantaged business enterprises ( DBE) , as defined in 49 CFR 23 , shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to 5 F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal Contract Provisions . doc 8/2grM320.34PM