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individual in the selection and retention of subcontractors, including procurement of <br />materials and leases of equipment. The City shall not participate either directly or <br />indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment <br />practices. <br /> <br /> (E) Solicitations for Subcontracts, Including Procurements of Material <br />and Equipment: These assurances concerning nondiscrimination also .apply to <br />subcontractors and suppliers of the City. These apply to all solicitations either by <br />competitive bidding or negotiation made by the City for work to be performed under a <br />subcontract including procurement of materials or equipment. Each potential <br />subcontractor or supplier shall be notified by the City of the requirements of this <br />Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, <br />sex, disability or national origin, age or ancestry of any individual. <br /> <br /> (F) Information and Reports: The City shall provide ail information and <br />reports required by this Agreement, or orders and instructions issued pursuant thereto, <br />and will permit access to its books, records, accounts, other sources of information, and <br />its facilities as may be determined by the Commission or the United States Department <br />of Transportation to be necessary to ascertain compliance with other contracts, orders <br />and instructions. Where any information required of the City is in the exclusive <br />possession of another who fails or refuses to furnish this information, the City shall so <br />certify to the Commission or the United States Department of Transportation as <br />appropriate and shall set forth what efforts it has made to obtain the information. <br /> <br /> (G) Sanctions for Noncompliance: In the event the City fails to comply <br />with the nondiscrimination provisions of this Agreement, the Commission shall impose <br />such contract sanctions as it or the United States Department of Transportation may <br />determine to be appropriate, including but not limited to: <br /> <br />complies; and/or <br /> <br />Withholding of payments under this Agreement until the City <br /> <br /> 2. Cancellation, termination or suspension of this Agreement, in <br />whole or in part, or both. <br /> <br /> (H) Incorporation of Provisions: The City shall include the provisions of <br />paragraph (6) of this Agreement in every subcontract, including procurements of <br />materials and leases of equipment, unless exempted by the statutes, executive order, <br />administrative rules or instructions issued by the Commission or the United States <br />Department of Transportation. The City will take such action with respect to any <br />subcontract or procurement as the Commission or the United States Department of <br />Transportation may direct as a means of enforcing such provisions, including sanctions <br />for noncompliance; provided that in the event the City becomes involved or is <br />threatened with litigation with a subcontractor or supplier as a result of such direction, <br />the City may request the United States to enter into such litigation to protect the <br />interests of the United States. <br /> <br />-3- <br /> <br /> <br />