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As required by federal law , FDOT has established a statewide overall DBE goal . In order to ascertain whether that statewide overall DBE goal is being achieved , FDOT is tracking DBE participation on all federally assisted contracts . To assist Contractors in ascertaining DBE availability for specific item of work , the Agency advises that it has determined that DBE ' s could reasonably be expected to compete for subcontracting opportunities on this project and the likely DBE Availability Advisory Percentage is two (2 ) percent . The Agency also advises that participation of DBE ' s in the specified percentage is not a condition of award . The Contractor has agreed to carry out applicable requirements of Title 49 CFR 26 , in the award and administration of federally assisted Agreements . The regulations in their entirety are incorporated herein and by reference . The Contractor should notify the Contract Manager in writing , of any changes to its anticipated DBE participation . This notice should be provided prior to the commencement of that portion of the work . DBE as defined in Title 49 CFR 26 and other small businesses are encouraged to participate in the performance of agreements financed in whole or in part with federal fiends . The contractor or subcontractor shall not discriminate on the basis of race , color, national origin , or sex in the performance of this contract . The Contractor shall carry out the applicable requirements of 49 CFR, Part 26 in the award and administration of U . S . Department of Transportation assisted contracts . Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy , as recipient deems appropriate . Any subcontract entered into as a result of the Agreement shall contain all the provisions of this section . O . Incorporation of Federal Transit Administration Terms The preceding provisions include , in part , certain Standard Terms and Conditions required by DOT , whether or not expressly set forth in the proposed contract provisions . All contractual provisions required by DOT , as set forth in FTA Circular 4220 . 1E are hereby incorporated by reference . Anything to the contrary herein notwithstanding , all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the proposed agreement . The Consultant shall not perform any act , fail to perform any act, or refuse to comply with any County requests which would cause the County to be in violation of the FTA terms and conditions . U . S . OMB Provisions . The Recipient [Indian River County] agrees to comply with applicable provisions of U . S . Office of Management and Budget , "Requirements for Implementing Sections 15125 1605 , and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards , " 2 C . F . R . Part 176 , 74 Fed . Reg . 18449 et seq . , April 23 , 2009 . CADocuments and Settings\tornRLocal Settings\Temporary Internet Files\Content. 0utlook\RG21 W7KG\APPENDIX A - Federal Requirements (3 ) . doc A- 6