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Version 6-8-2017
<br />C. Solicitations for Subcontracts, Includit rocur tnents,.oi Matcrial5 and Ex ui ,lx:ent: In
<br />all solicitations either by competitive bidding or negotiation made by the LPA for work
<br />to be performed under a subcontract, including procurements of materials or leases of
<br />equipment, each potential subcontractor or supplier shall be notified by the LPA of the
<br />LPA's obligations under this Contract, and the Regulations relative to nondiscrimination
<br />on the grounds of race, color, sex, sexual orientation, gender identity, national origin,
<br />religion, disability, ancestry, income status, limited English proficiency, or status as a
<br />veteran.
<br />d. Information llncLl o_5: The LPA shall provide all information and reports required by
<br />the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
<br />records, accounts, other sources of information, and its facilities as may be determined by
<br />the Indiana Department of Transportation and Federal Highway Administration to be
<br />pertinent to ascertain compliance with such Regulations, orders and instructions. Where
<br />any information required of a LPA is in the exclusive possession of another who fails or
<br />refuses furnish this information, the LPA shall so certify to the Indiana Department of
<br />Transportation or the Federal Highway Administration as appropriate, and shall set forth
<br />what efforts it has made to obtain the information.
<br />C. Sanctions for onconlpij�cg: In the event of the LPA's noncompliance with the
<br />nondiscrimination provisions of this Contract, the Indiana Department of Transportation
<br />shall impose such contract sanctions as it or the Federal Highway Administration may
<br />determine to be appropriate, including, but not limited to: (a) withholding payments to
<br />the LPA under the Contract until the LPA complies, and/or (b) cancellation, termination
<br />or suspension of the Contract, in whole or in part.
<br />Incorporation of Provisions: The LPA shall include the provisions of paragraphs a
<br />through f in every subcontract, including procurements of materials and leases of
<br />equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
<br />The LPA shall take such action with respect to any subcontract or procurement as the Indiana
<br />Department of Transportation or the Federal Highway Administration may direct as a means of
<br />enforcing such provisions including sanctions for non-compliance, provided, however, that in the
<br />event the LPA becomes involved in, or is threatened with, litigation with a subcontractor or supplier
<br />as a result of such direction, the LPA may request the Indiana Department of Transportation to enter
<br />into such litigation to protect the interests of the Indiana Department of Transportation, and, in
<br />addition, the LPA may request the United States of America to enter into such litigation to protect
<br />the interests of the United States of America.
<br />P. I'a n�,et. All payments made by INDOT, if any, shall be made in arrears in conformance with
<br />State fiscal policies and procedures and, as required by I.C. 4-13-2-14.8, by electronic funds transfer
<br />to the financial institution designated by the LPA in writing unless a specific waiver has been obtained
<br />from the Indiana Auditor of State. No payments will be made in advance of receipt of the goods or
<br />services that are the subject of this Contract except as permitted by I.C. 4-13-2-20.
<br />Q. Penalties Interest and Attorne 's Fees. INDOT will in good faith perform its required obligations
<br />hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees,
<br />except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1.
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