City Of Portland, Oregon RFP No. 113188 REQUEST FOR PROPOSALS For .

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REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDDate: March 16, 2012City of Portland, OregonRFP No. 113188REQUEST FOR PROPOSALSforBikeshare System in the City of PortlandPROPOSALS DUE:May 25, 2012 by 2:00 p.m.Submit one (1) complete original printed copy, ten (10) copies, one (1) electronic copy in PDF formatsubmitted on CD or USB flash drive, one (1) complete Redacted for Public Disclosure Copy and one(1) electronic Redacted for Public Disclosure Copy in PDF format submitted on CD or USB flash driveto:Celeste King, CPPBProcurement Services1120 SW Fifth Avenue, Room 750Portland, Oregon 97204Celeste.King@portlandoregon.govRefer questions to:Celeste King, CPPBProcurement SupervisorProcurement ServicesPhone: 503-823-4044Fax: 503-865-3477Email: Celeste.King@portlandoregon.govPage 1 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDPROPOSAL TERMS AND CONDITIONSNON DISCRIMINATION - The City, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assistedprograms of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all businessenterprises will be afforded full opportunity to submit Proposals in response to this solicitation and will not be discriminated against on the grounds ofrace, color, or national origin in consideration for an award.CERTIFICATION AS AN EEO AFFIRMATIVE ACTION EMPLOYER - All Proposers must be certified as Equal Employment Opportunity AffirmativeAction Employers as prescribed by Chapter 3.100 of the Code of the City of Portland. The required documentation must be filed with the ProcurementServices, City of Portland, prior to contract execution.SUSTAINABLE PROCUREMENT: The City has a history of striving to be more sustainable in its operations and planning. Starting with the City’sSustainable City Principles (1994), the City has established a variety of policies to guide its work on sustainability, including: the SustainableProcurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual (to view these and relatedCity policies, go to the Portland Policy Documents x.cfm?c 26818).As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and socialimpacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution;building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resourcesefficiently, including the use of renewable, reusable and recycled materials; utilizing minority-owned, small, and/or local businesses; preserving orenhancing biodiversity; and maintaining fiscal health in the short and long terms. As such, the City seeks to do business with firms that will activelycontribute to the City’s sustainability objectives.BUSINESS LICENSE AND REGISTRATION – Successful Proposers shall obtain a current City of Portland Business License, and shall be incompliance with regulations regarding conducting business in the State of Oregon prior to execution of this contract and commencement of the work.ADDENDA - If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed by the bidders, an addendum will beissued. Any addendum or addenda issued by the Chief Procurement Officer, that may include changes, corrections, additions, interpretations,clarifications, or information, and issued seventy-two (72) hours or more before the scheduled closing time for filing bids, Saturday, Sunday, and legalholidays not included, shall be binding upon the bidder. City shall supply copies of such addenda to all Proposers who have obtained copies and are onthe plan holder list of the RFP documents for the purpose of responding thereon, but failure of the Proposer to receive or obtain such addenda shall notexcuse the Proposer from compliance therewith if awarded the contract.COST OF RESPONDING - This Request for Proposal does not commit the City to pay any costs incurred by any Proposer in the submission of aresponse, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under theRFP.LATE PROPOSALS - Proposal responses received after the scheduled closing time for filing will be returned to the Proposer unopened. Due toheightened security measures in the Portland Building, Proposers should allow extra time when delivering bids to the Procurement Services. It is theresponsibility of the Proposer to ensure their Proposal is submitted in the proper form and in accordance with the time, date, and location specified in theRFP.CANCELLATION - The City of Portland reserves the right to modify, revise, or cancel this RFP. Receipt and evaluation of Proposals or the completionof interviews does not obligate the City to award a contract.REJECTION OF PROPOSALS - The City reserves the right to reject any or all responses to the Request for Proposal if found in the City’s best interestto do so.GOVERNING LAW - The provisions of any contract shall be construed in accordance with the provisions of the laws of the State of Oregon withoutreference to its conflict of law provisions. Any action or suits involving any question arising under this contract must be brought in the appropriate court inMultnomah County Oregon. All statutory, charter and ordinance provisions that are applicable to public contracts in the City of Portland and the State ofOregon shall be followed with respect to this contract. In connection with its activities under this Contract, Contractor shall comply with all applicablefederal, state and local laws and regulations including the City's Equal Benefits Ordinance and its administrative rules, all of which are incorporated bythis reference. These requirements may be found on the City of Portland’s Procurement Services m?c 27353&.Failure to comply with the Ordinance permits the City to impose sanctions or require remedial actions as stated in Section 13.1 of the rules. All statutory,charter and ordinance provisions applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to thisContract. The following additional conditions apply to this solicitation and any resultant purchase order or contract: Appendix A as attached hereto.AMERICANS WITH DISABILITIES ACT COMPLIANCE – Proposers agree that if awarded a contract, the successful Contractor will comply with allapplicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. If any Proposer requires special assistance orauxiliary aids during the Proposal, evaluation or award process, please notify the Procurement Services, 503-823-6855, or TDD 503-823-6868, at leasttwo (2) business days prior to the required assistance.SPECIAL CONDITIONS – Where special conditions are written in the Request for Proposal, these special conditions shall take precedence over anyconditions listed under these Proposal Terms and Conditions.Page 2 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDPUBLIC RECORDS - Any information provided to the City pursuant to this RFP shall be public record and subject to public disclosure pursuant toOregon public records laws ORS 192.410 to 192.505 and 5.33.470.The general requirement for public disclosure is subject to a number of exemptions. When preparing a Proposal submission, a Proposer must plainlymark each page containing information deemed by the Proposer to remain exempt from public disclosure after Proposals have been evaluated (e.g.,pages containing trade secret, economic development information, etc.). A summary of the redactions shall be placed with the redacted version of theProposal response.The fact that a Proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt.Any portion of a Proposal that the Proposer claims as exempt from disclosure must meet the requirements of ORS 192.501(2) and ORS 192.502(4). TheCity will make an independent determination regarding exemptions applicable to information that has been properly marked and redacted. Informationthat has not been properly marked and redacted may be disclosed in response to a public records request. When exempt information is mixed withnonexempt information, the nonexempt information must be disclosed.Unless expressly provided otherwise in this RFP or in a separate communication, the City does not agree to withhold from public disclosure anyinformation submitted in confidence by a Proposer unless the information is otherwise exempt under Oregon law.If the City refuses to release the records, the Proposer agrees to provide information sufficient to sustain its position to the District Attorney of MultnomahCounty, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the City will notify the Proposer in order forthe Proposer to take all appropriate legal action. The Proposer further agrees to hold harmless, defend, and indemnify the city for all costs, expenses,and attorney fees that may be imposed on the City as a result of appealing any decision regarding the Proposer’s records.ORAL INSTRUCTIONS - Oral instructions or information concerning the RFP documents or the project given out by officers, employees, or agents ofthe City to prospective bidders shall not bind the City. Any changes or revisions to the specifications shall be binding only if issued in writing by the Cityby addendum. The City reserves the right to officially amend or cancel an RFP after issuance.TAXES - Taxes, whether State or Federal, shall not be included in the offered prices. A tax exemption certificate will be provided by the City uponrequest.Page 3 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDPART IPROPOSAL REQUIREMENTSSECTION AGENERAL INFORMATION1.INTRODUCTIONThe City seeks to hire a vendor to design, build, install, operate, maintain, and market a network of publicly availablebicycles in a Bike Sharing System (“System”) in Portland, Oregon, as set forth in this Solicitation. The resulting Contractwill include Federal Highway Administration (FHWA) funding, which will require conformance by the Contractor with anyapplicable federal laws and reporting requirements.The Portland Bureau of Transportation (PBOT) is the steward of the City’s transportation system and a community partnerin shaping a livable city. We plan, build, manage, maintain and advocate for an effective and safe transportation systemthat provides access and mobility to all citizens and other stakeholders. We keep Portland moving. For more informationabout PBOT, see www.portlandonline.com/transportation/.Portland, Oregon is recognized as one of the best bicycling cities in North America. Portland is Oregon’s largest city with apopulation of 584,000 and 2.2 million in the metropolitan region. Portland has over 300 miles of bicycle facilities, and hasintroduced numerous transportation innovations to the United States, including bike boxes, bicycle parking corrals,neighborhood greenways, Sunday Parkways/cicliovias, modern streetcars, car sharing, and individualized marketing fortransportation options. Nearly 20% of residents identify the bicycle as their primary or secondary commute vehicle. Thedraft Portland Plan, a strategic plan for the City of Portland and partner agencies, proposes a goal of achieving a 70%active and green commute rate over the next 25 years. The Portland Bicycle Plan for 2030 is a key implementation tool torealize that goal.The primary goal of the Portland Bicycle Plan for 2030 is that the bicycle shall be the preferred means of travel for trips inPortland of three miles or less. To help attain that goal, PBOT is seeking a vendor to bring a bike sharing system toPortland. Bike sharing is a network of publicly owned bicycles available for short-term rental that provide a quick andconvenient transportation choice for trips under three miles.Portland envisions implementing the most popular and highly utilized bike sharing system in the United States; one thatcatalyzes investment in public spaces and provides a low cost transportation solution for thousands of system users. Bikesharing stations should serve as a basis for place-making in the city, and applications that directly couple bike sharestations with other uniquely “Portland” public benefits such as distribution of bicycle maps, provision of local food ordrinks, bicycle helmet sales, ATMs or other enterprises that enhance the public space around bike share stations arehighly encouraged.Similarly, Portland envisions a bike share system that directly and explicitly furthers city and regional goals of providingtransportation resources in an equitable and sustainable manner, as defined in Metro’s Regional Transportation Plan andthe City of Portland’s Draft Portland Plan. Portland’s bike share system should provide economic opportunities as well asaffordable transportation solutions for our city’s most vulnerable and underserved populations. Specifically, the goals ofthe bike share system include:A. Provide an immediate increase in the number of bike trips and support Portland’s goal of making the bicycle thepreferred method for trips under three miles.B. Bring new people to bicycling by reducing financial barriers to bicycling as transportation.C. Provide a low cost transportation option for all trips under three miles in Portland’s Central City.D. Strengthen the Portland economy by:1. Creating jobs for Portlanders who are low-income and traditionally underserved.2. Building the economic strength of Portland’s athletic and outdoor industry cluster as identified in thePortland Economic Development Strategy.3. Increasing Portlanders’ disposable income by reducing transportation costs.E. Increase the capacity of transit by creating improved last mile connections within Portland.F. Increase participation of the private sector in promoting bicycling and active transportation.G. Increase the visibility of bicycling and strengthen Portlanders’ perception of bicycling as a form of transportation.Page 4 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDH. Reduce single occupancy trips to reduce congestion, improve air quality and achieve the carbon-reduction goalsin Portland’s Climate Action Plan.I. Improve the health of Portlanders by increasing access to active transportation.J. Provide a transportation choice complementary to transit service for underserved populations.The bike share system should provide a high level of service to residents, employees, and visitors in the bikesharingservice area. Additionally, the bike share system should support pilot satellite stations serving a last mile connectionbetween a high capacity transit stop where feasible.The goal is for the system to begin full operation by April 2013. The bike share system will operate 24 hours a day, 365days a year, providing a high level of bicycle and transportation access. If feasible, the bike sharing system will expand insubsequent years to provide access to a greater number of PortlandersThe City has identified 1.8 million in federal funding to help fund start-up of a bike share system. The federal funding canbe used for purchase and fabrication of bicycles and stations. The Proposer will need to demonstrate compliance with allapplicable federal regulations.2.SCOPE OF WORKThe successful Proposer will design, build, install, operate, maintain, and market a publicly available dense network ofstations and bicycles that makes bike sharing a convenient option for the vast majority of trips within the proposed bikesharing service area. The Proposer will be expected to determine an initial service area as well as a plan for expansion ofthe service area.The Proposer should assume the City will provide reimbursement using federal funds of up to 1.8 million in federal fundsfor purchase of bicycles and construction of bike sharing stations. Reimbursement will be contingent on meeting theconditions for approval of federal funds. In addition to the federal funds, the City is open to pursuing a number of fundingopportunities including grants and public/private partnerships.The successful Proposer will address how it can best deliver and operate a bike sharing system in Portland for five years.The City will consider a variety of ownership and operations models.The successful Proposer will be expected to enter into a not-to-exceed Services Contract with the City (referenceExhibit A).3.PROPOSAL INVITATIONThis document constitutes an invitation for sealed competitive proposals under Portland City Code Chapter 5.33.A Proposer headquartered outside the City of Portland is encouraged to work with and find local suppliers, andpartners including Minority, Women and Emerging Small Businesses (M/W/ESBs). Similarly, local suppliers areencouraged to partner or create strategic alliances or joint ventures with potential Proposers that have experienceproviding the services outlined in this request for proposals.SECTION BWORK REQUIREMENTS1.TECHNICAL OR REQUIRED SERVICESThe selected contractor will be required to provide the following services:A. System Funding and Revenue Sharing ProposalThe successful Proposer will identify and secure a funding package sufficient to cover the installation andoperation costs of a bike share system that provides stations and bicycles sufficient to support a vast majority oftrips within the proposed bike share service area for five years.1. Secure funding and sponsorships on behalf of the City to help cover costs of a bike sharing system within theCity’s legal and social constraints to advertising in the right-of-way. Although the Proposer’s financial andPage 5 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDprogram analysis may determine a different figure, PBOT assumes that additional funding will need to beraised for capital costs and that the operating budget will require private sponsorships for the five-year period.2. Secure financing to install a bike sharing system by April 2013 at the latest. The funding plan should includesufficient detail concerning the financial status of the Proposer and major funders to allow to the City todevelop an independent evaluation of the Proposer’s financial capabilities.B. Station Plan and Service AreaThe successful Proposer will work with the City to provide a station plan analysis and service area plan with a listof ready-to-permit station locations. The station plan will include the methodology for determining the stationlocations and service area. Station locations should emphasize maximizing ridership while minimizing the loss ofon-street parking revenue. The City’s research suggests Portland’s Central City is able to support a network ofstations; however, Proposers are invited to submit a service area and station plan that they think best servesPortland and can be realized by the Proposer’s system funding and revenue sharing plan.The station area plan and methodology must incorporate a plan to provide access for underserved populations.Proposers are encouraged to submit plans that serve areas outside the Central City, especially satellite stationsserving a last mile connection from a high capacity transit stop or a neighborhood business district with sufficienttrip demand to support a bike share station.Final station locations are subject to the approval of the City Traffic Engineer and must meet Americans withDisabilities Act (ADA) requirements as well as City of Portland requirements detailed in the documents entitled,Private Encroachments in the Public Right-of-Way and Portland Pedestrian Design Guide (which can be found onthe City’s website). Station locations within city right-of-way will require a permit. The successful Proposer will beresponsible for permit fees. Proposers should also be aware that, in general, there is limited space in the Right-ofWay for placement of stations.C. Pricing Strategy, Payment Systems, and Marketing PlanThe successful Proposer will develop a plan that addresses the following:1. Pricing Strategy: With the intent of maximizing ridership and net revenue and low income patron access, thesuccessful Proposer shall provide at least two membership and user- fee pricing models with ridership and netrevenue projections for each model for comparison.2. Payment Systems: If the Proposer is proposing a model wherein the City of Portland owns the bike sharesystem, the successful Proposer will be required to collect payments in a manner that is consistent with Cityrequirements and State Laws including identifying any third party vendors involved in the collection ofpayments and working with the City’s partner financial institutions to process credit card payments. Dependingon who “owns” this system and the funds, they may be required to comply with the City’s contract and have allfunds processed by the City’s financial services provider. Convenient payment mechanisms for non-credit cardholders should also be provided, if feasible.3. Transit Integration: The successful Proposer will, to the extent feasible, integrate the bike sharing paymentsystems into existing transit and parking systems in Portland.4. Marketing Plan: The successful Proposer will propose appropriate branding and identity decisions to the City,and market bike sharing in Portland with the goal of supporting a successful program in the first year ofoperation. This requirement includes:a) Development of brand, image, logo and marketing plan for the bike sharing system. The City ofPortland will have final say on system branding, logos and images.b) Development of website, web-based applications, and smart-phone applications appropriate forsystem.c) Identifying target markets with estimated percentages of user demographics.d) Identifying key messages for different target markets.e) Identifying social media strategies.Page 6 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDf)Identifying strategies to engage low-income users and traditionally under-represented groupsincluding communities of color, immigrants, refugees and individuals that do not use traditionalbanking services.D. Acquire and Install SystemThe successful Proposer will purchase and/or supply a minimum of bicycles and stations that are functional andappropriate for deployment in Portland. The full system will be operable no later than April 2013 for a period of atleast five years. If practical the City would like to see implementation of a test project serving a smaller area suchin the fall of 2012. The bicycles and all components of the system including all system hardware and softwareshall be warranted for a period of five years.E. Operations and Maintenance AgreementThe successful Proposer will enter in to a Services Contract with the City to operate a bike sharing system for 5years, 24 hours per day, 365 days per year. The Proposer shall be responsible for the day-to-day operation andmaintenance of the bike sharing system. Operation includes, but is not limited to, continuous (24-hour) operationand management of the system, 24 hour customer service and support, maintenance, an agreed upon minimumpercentage of fleet operable at any time, and system monitoring and balancing. Such maintenance shall include,but is not limited to, inspecting and repairing bicycles, cleaning and removing graffiti from the System structureson a timely basis, including removal of debris, snow and ice in and around the system structures, preventivemaintenance and prompt repairs. The successful Proposer may be required to post a performance bond to coverthe pro-rated cost of the maintenance of the system.2.WORK PERFORMED BY THE CITYPBOT has assigned a Project Manager to oversee the successful Proposer’s work and provide support as needed.Specific duties the City will perform include:A. Overall management of the project process, scope, schedule, deliverables, and budget.B. Maintain ongoing communication with successful Proposer team, project stakeholders and agency partners.C. Serve as project spokesperson to the media.D. Provide technical support to the contractor team where appropriate.E. Assistance with outreach to employers.In addition, PBOT will make the following technical resources available for the successful Proposer’s use:A. Traffic counts, when availableB. Geographic information systems (GIS) dataC. Preliminary station planning area analysis3.DELIVERABLES AND SCHEDULEDeliverables shall be considered those tangible work products such as reports, draft documents, data, interimfindings, drawings, schematics, training, meeting presentations, final drawings and reports. Deliverables andschedule for this project shall include:Deliverable #12345DescriptionSystem Funding and RevenueSharing Agreement (A)Station Plan and Service Area (B)Pricing Strategy, Payment Systems,and Marketing Plan (C)OperationsandMaintenanceAgreementAcquire and Install system (D)Estimated Completion DateJanuary 2013January 2013January 2013March 2013April 2013All deliverables and resulting work products from this contract will become the property of the City of Portland.4.PLACE OF PERFORMANCEN/APage 7 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLAND5.PERIOD OF PERFORMANCEThe City anticipates having the selected contractor begin work on or after July 1, 2012, The City also anticipates thecontract will be for an initial five (5) year period with the option to renew for up to an additional five (5) year period, takenindividually or in multiple years, for a total maximum period of not more than ten (10) years.6.INSURANCE – PROOF OF COVERAGE:Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with theChief Procurement Officer or the Auditor. All insurance requirements shall be as indicated within the attached sampleContract.7.PUBLIC SAFETYPublic safety may require limiting access to public work sites, public facilities, and public offices, sometimes without littleadvance notice. The contractor shall anticipate delays in such places and include the cost of delay in the costs in itsProposal. The contractor’s employees and agents shall carry sufficient identification to show by whom they are employedand display it upon request to security personnel. City project managers have discretion to require the contractor’semployees and agents to be escorted to and from any public office, facility or work site if national or local security appearsto require it.SECTION CATTACHMENTS1.Exhibit A - SAMPLE SERVICES CONTRACTThe sample services contract, shown as Exhibit A, is the City’s standard contract for these services and will be used as aresult of this selection process. Any deviations from this contract shall be clearly identified in the Proposal.Page 8 of 54

REQUEST FOR PROPOSAL NO. 113188BIKESHARE SYSTEM IN THE CITY OF PORTLANDPART IIPROPOSAL DEVELOPMENTSECTION APROPOSAL PREPARATION1.PRE-PROPOSAL MEETINGThere will be a non-mandatory pre-proposal meeting for this project at 2:00pm on Thursday, March 29, 2012 at thePortland Building, 1120 SW 5th Ave, Suite 800, Portland Oregon 97204.2.INVESTIGATIONThe Proposer shall make all investigations necessary to inform itself regarding the work or services to be furnished.3.QUESTIONS OR CLARIFICATIONSIt shall be the Proposer’s responsibility to ask questions, request changes or clarifications, or otherwise advise the City ofPortland, Procurement Services if any language, specifications or requirements of an RFP appear to be ambiguous,contradictory, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.Every attempt shall be made to ensure that the Proposer receives an adequate and prompt response. However, in orderto maintain a fair and equitable RFP process, all Proposers will be advised, via the issuance of an addendum to the RFP,of any relevant or pertinent information related to the procurement. Questions and requests for clarification regarding thisRequest for Proposal must be directed in writing, via email or fax, to the person listed below at least ten (10) calendardays prior to the Proposal due date. Therefore, Proposers are advised that any questions received less than ten (10)calendar days prior to the RFP opening date may not be answered.Celeste King, CPPBProcurement Services1120 SW Fifth Avenue, Room 750Portland, Oregon 97204Celeste.King@portlandoregon.govPhone: 503-823-4044Fax:503-865-3477If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed by the Proposers, anaddendum will be issued. Any addendum or addenda issued by the Chief Procurement Officer that may include changes,corrections, additions, interpretations, clarifications, or information, and issued seventy-two (72) hours or more before thescheduled closing time for submitting the Proposal, Saturday, Sunday, and legal holidays not included, shall be bindingupon the Proposer. City shall supply copies of such addenda to all Proposers who have obtained copies and are on theplan holder list of the RFP documents for the purpose of responding thereon, but failure of the Proposer to receive orobtain such addenda shall not excuse the Proposer from compliance therewith if awarded the contract.4.CONTRACT

REQUEST FOR PROPOSAL NO. 113188 BIKESHARE SYSTEM IN THE CITY OF PORTLAND Page 2 of 54 PROPOSAL TERMS AND CONDITIONS . NON DISCRIMINATION - The City, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d4 and Title - 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in .