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525 -011 -OC
<br />PROGRAM MANAGEMENT
<br />05121
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<br />Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited
<br />to:
<br />a. withholding of payments to the contractor under the contract until the contractor
<br />complies, and/or
<br />b. cancellation, termination or suspension of the contract, in whole or in part.
<br />(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (7) in
<br />every sub -contract, including procurements of materials and leases of equipment, unless exempt by the
<br />REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect
<br />to any sub -contract or procurement as the Florida Department of Transportation or the Federal Highway
<br />Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier
<br />Safety Administration may direct as a means of enforcing such provisions including sanctions for
<br />noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened
<br />with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request
<br />the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida
<br />Department of Transportation, and, in addition, the contractor may request the United States to enter into
<br />such litigation to protect the interests of the United States.
<br />(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964
<br />(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
<br />origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies
<br />Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
<br />been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of
<br />1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
<br />Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis
<br />of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
<br />seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC
<br />§ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin,
<br />or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
<br />applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504
<br />of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include
<br />all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such
<br />programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act,
<br />which prohibit discrimination on the basis of disability in the operation of public entities, public and private
<br />transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
<br />-- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
<br />Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
<br />on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address
<br />Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-
<br />discrimination against minority populations by discouraging programs, policies, and activities with
<br />disproportionately high and adverse human health or environmental effects on minority and low-income
<br />populations; Executive Order 13166, Improving Access to Services for Persons with Limited English
<br />Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because
<br />of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps
<br />to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
<br />Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
<br />because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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