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375-030-12
<br />PROCUREMENT
<br />OGC – 9/16
<br />Page A9 of 11
<br />E.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made
<br />by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract,
<br />including procurements of materials and leases of equipment, each potential subcontractor or supplier shall
<br />be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to
<br />nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.
<br />F.Information and Reports: The Consultant will provide all information and reports required by the Regulations,
<br />or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of
<br />information, and its facilities as may be determined by the Florida Department of Transportation, Federal
<br />Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal
<br />Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and
<br />instructions. Where any information required of the Consultant is in the exclusive possession of another who
<br />fails or refuses to furnish this information, the Consultant shall so certify to the Florida Department of
<br />Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
<br />Administration, and/or the Federal Motor Carrier Safety Administrations appropriate, and shall set forth what
<br />efforts it has made to obtain the information.
<br />G.Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination
<br />provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it
<br />or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or
<br />Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to,
<br />(1)withholding of payments to the Consultant under the contract until the Consultant complies and/or
<br />(2)cancellation, termination or suspension of the contract, in whole or in part.
<br />H.Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every
<br />subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations,
<br />or directives issued pursuant thereto. The Consultant will take such action with respect to any subcontract or
<br />procurement as the Florida Department of Transportation, Federal Highway Administration, Federal Transit
<br />Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may
<br />direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a
<br />Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of
<br />such direction, the Consultant may request the Florida Department of Transportation to enter into such
<br />litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Consultant
<br />may request the United States to enter into such litigation to protect the interests of the United States.
<br />I.Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42
<br />U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and
<br />49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
<br />U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
<br />because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §
<br />324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29
<br />U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
<br />The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the
<br />basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
<br />(prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act
<br />of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of
<br />1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
<br />the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid
<br />recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
<br />Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in
<br />the operation of public entities, public and private transportation systems, places of public accommodation,
<br />and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation
<br />regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49
<br />U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive
<br />Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
<br />Populations, which ensures non-discrimination against minority populations by discouraging programs,
<br />policies, and activities with disproportionately high and adverse human health or environmental effects on
<br />minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
<br />Limited English Proficiency, and resulting agency guidance, national origin discrimination includes
<br />DocuSign Envelope ID: A4AD1F85-7AED-446C-B47A-9804B3DF3740
<br />F-35
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