[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR265.11]



[Page 827]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS

--Table of Contents

 

                         Subpart B_Requirements

 

Sec. 265.11  Submission of affirmative action program.



    (a) Each application for financial assistance under any of the Rail 

Acts shall, as a condition to its approval and the extension of any 

financial assistance pursuant to the application, contain or be 

accompanied by two copies of a written affirmative action program for 

review by and approval of the Administrator. Recipients that have 

already entered into an agreement or other arrangement providing for 

such assistance shall, within 60 days after the effective date of this 

part, develop and submit to the Administrator two copies of a written 

affirmative action program for review by and approval of the 

Administrator and thereafter maintain such program.

    (b)(1) Beginning 30 days after the effective date of this part, and 

until 120 days after such date, each recipient shall require any 

contractor, as a condition to an award of a contract, for $50,000 or 

more for services or products on a project receiving federal financial 

assistance under a program covered by section 905 of the Act:

    (i) To furnish to the recipient a written assurance that it will, 

within 90 days after the date of the award, develop and maintain a 

written affirmative action program meeting the requirements of this part 

for the proj ect, program or activity covered by the contract,

    (ii) To require each of its subcontractors receiving an award of a 

subcontract for $50,000 or more within 120 days after the effective date 

of this part, to furnish to the contractor as a condition to such an 

award the written assurance described in paragraph (b)(1)(i) of this 

section.

    (2) Beginning 120 days after the effective date of this part, each 

recipient shall require as a condition to the award of a contract or 

subcontract of $50,000 or more that the contractor or subcontractor 

furnish a certificate to the recipient or contractor as appropriate that 

a written affirmative action program meeting the requirements of this 

part has been developed and is being maintained.

    (3) Notwithstanding paragraphs (b) (1) and (2) of this section, each 

contractor or subcontractor having a contract or $50,000 or more but 

less than 50 employees shall be required to develop and maintain a 

written affirmative action program only for contracts in accordance with 

Sec. 265.13(c) of this part.

    (4) A recipient or contractor shall not procure supplies or services 

in less than usual quantities or in a manner which is intended to have 

the effect of avoiding the applicability of this paragraph.