The contractor has a fundamental role and responsibility to take all reasonable and necessary steps to ensure that the terms and conditions of its contract are fully met. This includes, but is not limited to, its employment policy. The contractor is responsible for having in place and implementing an equal opportunity policy that ensures equal access to employment and training.

Under 23 CFR 230 and 23 USC 140, the Department has the authority to conduct contractor compliance reviews of contractors to ensure compliance with the equal employment opportunity contract provisions and the implementation of special requirements for the provision of on-the-job training (23 CFR 230.111). A Contractor’s failure to comply with the requirements of this Special Provision will constitute a material breach of this Contract.

The Contractor will have fulfilled the contractual responsibilities by having provided acceptable training to the number of trainees specified in their goal assignment. Noncompliance may be cause for corrective and appropriate measures pursuant to Article 8.7., “Abandonment of Work or Default of Contract,” which may be used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230.