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Attachment B Page 3 of 4 (b) Nondiscrimination: The Agency with regard to the work performed by it after award and prior to completion of the Agreement work, will not discriminate on the ground of race, color, or national origin in the selec- tion and retention of subcontractors, including p~6cure- ments of materials and leases of equipment. The Agency ................. w~-l~-n~t-par~t~icipate-e~ther directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. (c) The Agency will further comply with the Regulations contained in Title 49, Code of Federal Regulations, Part 23, concerning the development of a minority business enterprise affirmative action program. (d) Information and Reports: The Agency will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, Other sources of information, and its facilities as may be determined by the Department or the Federal Highway Administration to be pertinent to ascertain compliance with such RegUlations, orders and instructions. Where any information zequired of the Agency is in the exclu- sive possession of another who fails or refuses to furnish this information, the Agency shall so certify to the Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance: In the event of the Agency's noncompliance with the nondiscrimination ~rovisions of this contrac{, the Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (1) Withholding of payments to the Agency under the Agreement until the Agency complies, and/or, (2) Cancellation, termination or suspension of the Agreement in whole or in part. (f) Incorporation of Provisions: The County of Cabarrus on behalf of the Agency will include the provisions of this Paragraph 3 in every subcontract, including procurer ments of materials and leases of equipment, pursuant thereto~ The County of Cabarrus will take such action with respect to any subcontract, procurement, or lease as the Department or the Federal Highway Administration may direct as a means of enforcing~such provisions