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~~ <br /> <br />ATTACAM)CNT "~'' <br />--§ 2G.13 What assurances must <br />recipients and contractors make? <br />(a) Each financial assistance agreement you sign <br />with a DOT operating admu~ist•atiou (or a primary <br />recipient) must include the following assurance: <br />The recipient shall not discriminate on the basis of <br />race, color, national origin, or sex in the award and <br />performance of any DOT-assisted contract or in the <br />administration of its DBE program or the <br />requirements of 49 CFR part 26. The recipient <br />shall take al] necessary and reasonable steps under <br />49 CFR part 26 to ensure nondiscrimination in the <br />award and admn~ishation of DOT-assisted <br />conh•acts. The recipient's DBE program, as <br />required by 49 CFR part 26 and as approved by <br />DOT, is incorporated by reference in this <br />agreement. Implementation of this program is a <br />legal obligation and failure to carry out its teens <br />shall be treated as a violation of this agreement. <br />Upon notification to the recipient of its failure to <br />carry out its approved program, the Depu•tment <br />may hnpose sanctions as provided for under part 26 <br />and may, in appropriate cases, refer the matter for <br />enforcement under 18 U.S.C. 1001 and/or the <br />Program Fraud Civil Remedies Act of 1986 (31 <br />U.S.C. 3801 et seq.). <br />(b) Each contract you sign with a contractor (and <br />each subcont•act the prime contractor signs with a <br />subcontractor) must include the following assurance: <br />The contactor, sub recipient or subcontractor shall <br />not discrhminate on the basis of race, color, national <br />origin, or sex in the performance of this conh•act. <br />The contractor shall cant' out applicable <br />requirements of 49 CFR part 26 in the award and <br />administration of DOT-assisted contracts. Failure <br />by the contractor to carry out these requirements is <br />a material breach of this contact, which may result <br />in the termination of this contract or such other <br />rcmcdy as the recipient deems appropriate. <br />l~-c-eRc~-E~t~erJr ~'- <br />