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the Contractor did or did not meet the goal or make adequate good faith efforts. The result of the <br />reconsideration process is not administratively appealable. <br />ODOT may issue sanctions if the Contractor fails to comply with the contract requirements and /or fails to <br />demonstrate the necessary good faith effort. ODOT may impose any of the following sanctions: <br />(a) Letter of reprimand; <br />(b) Contract termination; and /or <br />(c) Other remedies available by law including administrative suspension. <br />Factors to be considered in issuing sanctions include, but are not limited to: <br />(a) The magnitude and the type of offense; <br />(b) The degree of the Consultant's culpability; <br />(c) Any steps taken to rectify the situation; <br />(d) The Contractor's record of performance on other projects including, but not limited to: <br />(1) Annual DBE participation over DBE goals; <br />(2) Annual DBE participation on projects without goals; <br />(3) Number of complaints ODOT has received from DBEs regarding the Contractor; <br />and, <br />(4) The number of times the Contractor has been previously sanctioned by ODOT; <br />and, <br />(e) Whether the Contractor falsified, misrepresented, or withheld information. <br />10.4 During the performance of this contract, the LPA, for itself, its assignees and successors in <br />interest ") agrees as follows: <br />(1) Compliance with Regulations: The LPA will comply with the regulations relative to <br />nondiscrimination in Federally- assisted programs of the United States Department of <br />Transportation (hereinafter "U.S. DOT ") Title 49, Code of Federal Regulations, Part 21, as they <br />may be amended from time to time, (hereinafter referred to as the "Regulations "), which are herein <br />incorporated by reference and made a part of this contract. <br />In addition, the LPA will comply with the provisions of the Americans with Disabilities Act, <br />Section 504 of the Rehabilitation Act, FHWA Guidance, and any other Federal, State, and /or local <br />laws, rules and /or regulations (hereinafter referred to as "ADA/504 "). <br />(2) Nondiscrimination: The LPA, with regard to the work performed by it during the contract, <br />will not discriminate on the grounds of race, color, national origin, sex, age, or disability, in the <br />selection and retention of contractors or subcontractors, including procurements of materials and <br />leases of equipment. The LPA will not participate either directly or indirectly in the discrimination <br />10 <br />