RD 400-1 Equal Opportunity Agreement

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Form RD 400-1
(Rev. 5-00)

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UNITED STATES DEPARTMENT OF AGRICULTURE
EQUAL OPPORTUNITY AGREEMENT

This agreement, dated

FORM APPROVED OMB
No. 0575-0018
Exp. Date: MM/DD/YY
between

(herein called ''Recipient'' whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and
regulations of the Secretary of Labor (herein called the 'Secretary') issued under the authority of Executive Order 11246 as amended,
witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be
made by the USDA to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction
contract financed with such financial assistance exceeds $10,000 - unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the
relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in
whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but
not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
USDA setting forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice, to be provided by the USDA, advising the said labor union or workers'
representative of the contractor's commitments under this agreement and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of all rules, regulations
and relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules,
regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil
Rights Office, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by Law.
(g) The contractor will include the provisions of paragraph 1 and paragraph (a) through (g) in every subcontract or purchase order,
unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order
No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA, the
contractor may request the United States to enter into such litigation to protect the interest of the United States.
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of
information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control
Number for this information collection is 0575-0018. Public reporting for this collection of information is estimated to be approximately 10 minutes per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses
to this collection of information are voluntary. However, in order to obtain or retain a benefit, the information in this form is required by 7 CFR 1901 E, Civil Rights Compliance
Requirements. Rural Development has no plans to publish information collected under the provisions of this program. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Rural Development Innovation Center,
Regulations Management Division at [email protected]

Position 6
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RD 400-1 (Rev. 5-00)

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2. To be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the organization so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in
work on or under the contract.
3. To notify all prospective contractors to file the required 'Compliance Statement', Form RD 400-6, with their bids.
4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all
nonexempt federal and federally assisted construction contracts require inclusion of the appropriate ''Hometown'' or
''Imposed'' plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid
conditions contained in the invitation to be considered responsible bidders and hence eligible for the award.
5. To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary, that will furnish USDA and the
Secretary such information such as , but not limited to, Form AD-560, Certification of Nonsegregated Facilities, to submit the
Monthly Employment Utilization Report, Form CC-257, as they may require for the supervision of such compliance, and that it
will otherwise assist USDA in the discharge of USDA's primary responsibility for securing compliance.
6. To refrain from entering into any contract or contract modification subject to such Executive Order 11246 of September 24,
1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of
the equal opportunity clause as may be imposed upon contractors and subcontractors by USDA or the Secretary of Labor
pursuant to Part II, Subpart D, of the Executive Order.
7. That if the recipient fails or refuses to comply with these undertakings, the USDA may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the organization under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such organization; and refer the case to the Department of Justice for
appropriate legal proceedings.
Signed by the Recipient on the date first written above.
Recipient
(CORPORATE SEAL)

Recipient

Name of Corporate Recipient

Attest:
Secretary

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