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<br /> or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of
<br /> information, and its facilities as my be determined by the Recipient or the Research and Special Programs
<br /> Administration (RSPA) to be pertinent to ascertain compliance with such Regulations,orders and
<br /> instructions. Where any information required of a contractor is in the exclusive possession of another who
<br /> fails or refuses to furnish this information the contractor shall so certify to the Recipient or the Research and
<br /> Special Programs Administration as appropriate,and shall set forth what efforts it has made to obtain such
<br /> information.
<br /> E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination
<br /> provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special
<br /> Programs Administration may determine to be appropriate, including,but not limited to:
<br /> i. Withholding of payments to the contractor under the contract until the contractor complies;and/or
<br /> ii. Cancellation,termination,or suspension of the contract,in whole or in part.
<br /> F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract,including
<br /> procumbent of materials and leases of equipment,unless exempt by the Regulations,or directives issued
<br /> pursuant thereto.The contract shall take such action with respect to any subcontract or procurements as the
<br /> Recipient or the Research and Special Programs Administration may direct as a means of enforcing such
<br /> provisions including sanctions for noncompliance: Provide,however, that in the event a contractor becomes
<br /> involved in,or is threatened with, litigation with a subcontract or supplier as a result of such direction, the
<br /> contractor may request the Recipient to enter into such litigation to protect the of the Recipient and,in
<br /> addition the contractor may request the United States to enter such litigation to protect the interests of the
<br /> United States.
<br /> 29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964:
<br /> Sub-Recipient hereby agrees that as a condition to receiving any Federal financial assistance from the USDHS it
<br /> will comply with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42 U.S.C. 2000d-42 U.S.C. 2000d-4
<br /> (hereinafter referred to as the Act)and all requirements imposed by or pursuant to 2 CFR Sub Part F ,
<br /> Nondiscrimination in Federally-Assisted Programs of the USDHS -Effectuation of Title VI of the Civil Rights
<br /> Act of 1964(hereinafter referred to as the Regulations)and other pertinent directives, to the end that in
<br /> accordance with the Act,Regulations, and other pertinent directives,no person in the United States shall, on the
<br /> grounds of race,color,sex or national origin, be excluded from participation in,be denied the benefits of,or be
<br /> otherwise discrimination under any program or activity for which the Sub-Recipient receives Federal financial
<br /> assistance from the USDHS, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures
<br /> necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations.
<br /> More specifically and without limiting the above general assurance,the Sub-Recipient hereby gives the following
<br /> specific assurance with respect to the project:
<br /> A. Agrees that each"program"and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the
<br /> Regulations, will be(with regard to a"program")conducted,or will be (with regard to ("facility")operated in
<br /> compliance with all requirements imposed by,or pursuant to, the Regulations.
<br /> B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations
<br /> and, in adapted form in all proposals for negotiated agreements:
<br /> In accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d to 2000d-4
<br /> and 2 CFR Sub Part F issued pursuant to such Act,hereby notifies all bidders that it will affirmatively
<br /> insure that in regard to any contract entered into pursuant to this advertisement,minority,business
<br /> enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be
<br /> discriminated against on the grounds of race,color, sex or national origin in consideration for an award.
<br /> C. Insert the clauses of this agreement in every contract subject to the Act and the Regulations.
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