Res 1984-062 - Laserfiche WebLink

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to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a sub-contractor is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 10.1.5 Sanctions for Noncompliance. In the event of the CON- SULTANT's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) withholding of payments to the CONSULTANT under the contract until the CONSULTANT complies, and/or (b) cancellation, termination, or suspension of the con- tract, in whole or in part. 10.1.6 Incorporation of Provisions The CONSULTANT shall in- clude the provisions of paragraphs 9.1.1 through 9.1.5 in every sub- contract, including procurements of materials and leases of equip- ment, unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompli- ance. Provided, however', that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the CONSULTANT may request the sponsor to enter into such litigation to protect the interests of the sponsor, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 11 MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 11.1 Pol icy. It is the policy of the Department of Transporta- tion (hereinafter referred to as IIDOTII) that minority business enterprises (hereinafter referred to as lI,.l8E") as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. 11. 2 MBE Obligation. The CONSULTANT agrees to ensure that mi- nority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and