[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.13]

[Page 270]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
                           Subpart A--General
 
Sec. 26.13  What assurances must recipients and contractors make?

    (a) Each financial assistance agreement you sign with a DOT 
operating administration (or a primary recipient) must include the 
following assurance:

    The recipient shall not discriminate on the basis of race, color, 
national origin, or sex in the award and performance of any DOT-assisted 
contract or in the administration of its DBE program or the requirements 
of 49 CFR part 26. The recipient shall take all necessary and reasonable 
steps under 49 CFR part 26 to ensure nondiscrimination in the award and 
administration of DOT-assisted contracts. The recipient's DBE program, 
as required by 49 CFR part 26 and as approved by DOT, is incorporated by 
reference in this agreement. Implementation of this program is a legal 
obligation and failure to carry out its terms shall be treated as a 
violation of this agreement. Upon notification to the recipient of its 
failure to carry out its approved program, the Department may impose 
sanctions as provided for under part 26 and may, in appropriate cases, 
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program 
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

    (b) Each contract you sign with a contractor (and each subcontract 
the prime contractor signs with a subcontractor) must include the 
following assurance:
    The contractor, sub recipient or subcontractor shall not 
discriminate on the basis of race, color, national origin, or sex in the 
performance of this contract. The contractor shall carry out applicable 
requirements of 49 CFR part 26 in the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these 
requirements is a material breach of this contract, which may result in 
the termination of this contract or such other remedy as the recipient 
deems appropriate.