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<br /> EXHIBIT "A" - PAGE 2 <br /> 5. Sanctions for Noncompliance. In the event of the <br /> contractor's noncompliance with the nondiscrimination provisions <br /> of this contract, the sponsor shall impose such contract sanctions <br /> as it or the FAA may determine to be appropriate, including, but <br /> not limited to -- <br /> (a) withholding of payments to the contractor under the <br /> contract until the contractor complies, and/or <br /> (b) cancellation termination, or suspension of the <br /> Jntract, in whole or in part. <br /> 6. Incorporation of Provisions. The contractor shall <br /> include the provisions of paragraphs 1 through 5 in every <br /> subcontract, including procurements of materials and leases of <br /> equipment, unless exempt by the Regulations or directives issued <br /> pursuant thereto. The contractor shall take such action with <br /> respect to any subcontract or procurement as the sponsor or the <br /> FAA may direct as a means of enforcing such provisions including <br /> sanctions for noncompliance. Provided, however, that in the event <br /> a contractor becomes involved in, or is threatened with, <br /> litigation with a subcontractor or supplier as a result of such <br /> direction, the contractor may request the sponsor to enter into <br /> such litigation to protect the interests of the sponsor and, in <br /> addition, the contractor may request the United States to enter <br /> into such litigation to protect the interest of the United States. <br /> MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES <br /> 1. Policy. It is the policy of the Department of <br /> Transportation(DOT) that minority business enterprises as defined <br /> in 49 CFR Part 23 shall have the maximum opportunity to <br /> participate in the performance of contracts financed in whole or <br /> in part with federal funds under this agreement. Consequently, <br /> The MBE requirements of 49 CFR Part 23 apply to this agreement. <br /> 2. MBE Obligations. The contractor agrees to ensure that <br /> ...inority business enterprises as defined in 49 CFR Part 23 have <br /> the maximum opportunity to participate in the performance of <br /> contracts and subcontracts financed in whole or in part with <br /> Federal funds provided under this agreement. In this regard, all <br /> contractors shall take all necessary and reasonable steps in <br /> accordance with 49 CFR Part 23 to ensure that minority business <br /> enterprises have the maximum opportunity to compete for and <br /> perform contracts. Contractors shall not discriminate on the <br /> basis of race, color, national origin, or sex in the award and <br /> performance of DOT-assisted contracts. <br />