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375.030.12
<br />PROCUREMENT
<br />Page AS of 9
<br />D. Nondiscrimination: The Consultant, with regard to the work performed by him after award and prior to completion of
<br />the contract work, will not discriminate on the grounds of race, color, religion, sex or national origin in the selection and
<br />retention of subcontractors, including procurements of material and leases of equipment. The consultant will not
<br />participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the program set forth in
<br />Appendix B of the Regulations.
<br />E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by
<br />competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including
<br />procurements of materials and leases of eqi iipment, each potential subcontractor; supp;ier pr le$sor shall. ba nptifee'� �y
<br />a consultant of the consultant's obligations under this contract and the regulations relative to nondiscrimination on the
<br />grounds of race, color, religion, sex, or national origin.
<br />Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders
<br />and instructions 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 Department or U.S. Department of Transportation to be
<br />pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of
<br />the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant
<br />shall certify to the Department, or the U.S. Department of Transportation, as appropriate, and shall set forth what
<br />efforts it has made to obtain the information.
<br />G. Sanctions of Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of
<br />this contract, the State of Florida Department of Transportation shall impose such contract sanctions as it or the U.S.
<br />Department of Transportation may determine to be appropriate, including, but not limited to,
<br />withholding of payments to the Consultant under the contract until the Consultant complies and/or
<br />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 A through H in every subcontract,
<br />including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
<br />issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
<br />State of Florida Department of Transportation or the U.S. Department of Transportation may direct as a means of
<br />enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the event a Consultant
<br />becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
<br />Consultant may request the State to enter into such litigation to protect the interests of the State, and, in addition, the
<br />Consultant may request the United States to enter into such litigation to protect the interests of the United States.
<br />Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to
<br />any share or part of this contract or to any benefit arising therefrom.
<br />J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
<br />tenure or for one year thereafter shall be any interest, direct or indirect, in this contract or the proceeds thereof. For
<br />purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
<br />corporations, boards, and commissions established under the laws of any State.
<br />K. Participation by Minority Business Enterprises: The Consultant shall agree to abide by statements in Paragraph (1)
<br />and (2) which follow. These statements shall be included in all subsequent agreements between the Consultant and
<br />any subconsultant or contractor.
<br />1. "Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49
<br />CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in
<br />whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR
<br />Part 23 apply to this agreement."
<br />2. "MBE Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
<br />defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and
<br />subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all
<br />recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to
<br />ensure that minority business enterprises have the maximum opportunity to compete for and perform
<br />contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or
<br />sex in the award and performance of DOT -assisted contracts."
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