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II. NONDISCRIMINATION
<br /> The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all
<br /> related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material
<br /> supply, engineering, or architectural service contracts.
<br /> In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR
<br /> 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of
<br /> the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
<br /> Parts 200, 230, and 633.
<br /> The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
<br /> 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
<br /> Construction Contract Specifications in 41 CFR 60-4.3.
<br /> Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the
<br /> policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA
<br /> have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of
<br /> 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations
<br /> including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
<br /> The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S.
<br /> Department of Labor(US DOL) and FHWA requirements.
<br /> 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take
<br /> affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29
<br /> CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the
<br /> provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative
<br /> action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities
<br /> Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this
<br /> contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement
<br /> activities of EEO:
<br /> a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every
<br /> good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their
<br /> review of activities under the contract.
<br /> b. The contractor will accept as its operating policy the following statement:
<br /> "It is the policy of this Company to assure that applicants are employed, and that employees are treated during
<br /> employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include:
<br /> employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
<br /> or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-
<br /> job training."
<br /> 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have
<br /> the responsibility for and must be capable of effectively administering and promoting an active EEO program and who
<br /> must be assigned adequate authority and responsibility to do so.
<br /> 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and
<br /> discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully
<br /> cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each
<br /> grade and classification of employment. To ensure that the above agreement will be met, the following actions will be
<br /> taken as a minimum:
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