reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.229 - DBE Substitutions and Terminations

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor may not substitute for or
				  terminate a DBE subcontractor listed in the information provided under §
										9.227 of
				  this subchapter (relating to Information from Bidders), without the written
				  consent of the department.
(b)
				  Before requesting the department's approval to terminate or substitute for a
				  DBE, the contractor must give written notice to the listed DBE with a copy to
				  the department of the contractor's intent to request the termination or
				  substitution of the DBE and provide a detailed explanation for the
				  request.
(c) The contractor must
				  give the listed DBE five days to respond to the notice and to advise the
				  department and the contractor of the reasons the listed DBE objects to the
				  proposed termination or substitution. The department may provide a shorter
				  response time if required in a particular case as a matter of public
				  necessity.
(d) When a DBE
				  subcontractor is terminated or fails to complete its work on the contract for
				  any reason, the contractor shall make good faith efforts to find, as a
				  substitute for the original DBE, another DBE to perform, at least to the extent
				  needed to meet the established contract goal the work that the original DBE was
				  to have performed under the contract. If the contractor cannot find another DBE
				  to perform the work originally committed to the terminated DBE the contractor
				  shall make good faith efforts to obtain DBEs to perform other work under the
				  contract equal to the work originally committed to the terminated
				  DBE.
(e) The contractor must submit
				  for approval the name of the DBE subcontractor that is to replace the DBE
				  subcontractor listed in the original commitment agreement. Work performed by a
				  substitute before the department has approved the substitution will not be
				  counted toward the DBE goal.
(f) If
				  the department determines there is good cause for the termination or
				  replacement the department will provide written consent for the
				  action.
(g) Each contract will
				  contain provisions that state the appropriate administrative remedies that
				  apply if the contractor fails to comply with this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.230 - Labor-only Subcontracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may allow labor-only DBE subcontract arrangements for appropriate work
				  categories.
(b) A contractor must
				  clearly outline the labor-only status in the subcontract with the DBE
				  subcontractor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.231 - Computing Work Performed by DBE

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				  counted toward a DBE goal:
(1) the work must
				  actually be performed by a DBE; and
(2) the DBE must perform a commercially
				  useful function.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.232 - Commercially Useful Function

Current through Reg. 49, No. 28; July 12, 2024
(a) A DBE is
				  considered to perform a commercially useful function (CUF) if the DBE is
				  responsible for:
(1) the performance of the
				  work subject to the contract and for the execution of its responsibilities by
				  actually performing, managing, and supervising the work involved; and
(2) the provision of the materials and
				  supplies used in the performance of its contract, unless the contract provides
				  for labor services only and is approved by the department, and includes:
(A) the negotiation of the price of the
				  materials and supplies;
(B) the
				  determination of the quality, if applicable, and quantity of the materials and
				  supplies;
(C) the ordering of the
				  material and supplies;
(D) the
				  installation of the material, if applicable; and
(E) payment for the material.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.233 - Commercially Useful Function by DBE Trucking Firm

Current through Reg. 49, No. 28; July 12, 2024
(a) A DBE trucking firm is considered to
				  perform a CUF if the DBE:
(1) is responsible
				  for the management and supervision of the entire trucking operation for its
				  part of the contract and is not part of a contrived arrangement for the purpose
				  of meeting DBE goals; and
(2) owns
				  and operates at least one fully licensed, insured, and operational truck used
				  on the contract.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.234 - Counting Materials or Supplies Provided by DBE Manufacturer or Regular Dealer

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section:
(1) a DBE
				  manufacturer is a firm that operates or maintains a factory or establishment
				  that produces, on the premises, the materials or supplies that are required
				  under the contract and are of the general character described by the
				  specifications; and
(2) subject to
				  subsections (b) and (c) of this section, a DBE regular dealer is an
				  established, regular firm that:
(A) engages,
				  as its principal business and under its own name, in the purchase and sale or
				  lease of the materials or supplies described by paragraph (1) of this
				  subsection; and
(B) owns, operates,
				  or maintains a store, warehouse, or other establishment in which those
				  materials or supplies are bought, kept in stock, and regularly sold or leased
				  to the public in the usual course of business.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.235 - Limitations on Amounts Counted toward DBE Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) Only DBE firms certified at the time of
				  execution of the contract, subcontract, or purchase order, as appropriate, are
				  eligible for DBE goal participation.
(b) Work performed on a contract by a firm
				  after it has ceased to be certified as a DBE will not be counted toward the
				  overall annual DBE goal.
(c)
				  Participation by a DBE on a contract will not be counted toward DBE goals until
				  the amount of the participation has been paid to the DBE.
(d) Payments made to a DBE that was not on
				  the original commitment may be counted toward the contract goal if that DBE was
				  certified as a DBE before the execution of the subcontract and has performed a
				  CUF.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.236 - Reporting of DBE Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  annually will report DBE participation to each OA.
(b) The report will provide the payments made
				  to DBEs and contract goal shortfalls on DOT-assisted contracts.
(c) During any year in which the department's
				  DBE goals are satisfied through race-neutral and contract specific means, the
				  department will report the DBE achievements separately for achievements on
				  contracts with goals and those without goals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.237 - Determination of Noncompliance; Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department may determine that the contractor failed to satisfy the good faith
				  efforts requirements in the performance of the contract, or violated any
				  provision of this subchapter, the DBE provisions of the contract, or 49 C.F.R.
				  Part 26.
(b) The department may
				  impose any of the following sanctions:
(1) a
				  letter of reprimand;
(2) contract
				  termination;
(3) required
				  participation in DBE outreach programs;
(4) required participation in DBE mentor
				  program;
(5) liquidated damages;
				  and
(6) any other remedy available
				  by law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.238 - Reconsideration of the Department's Noncompliance Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor may request an
				  administrative reconsideration of the determination made under §
										9.237
				  of this subchapter (relating to Determination of Noncompliance; Sanctions),
				  including any sanctions imposed, within 30 days after the date that the notice
				  of the determination is sent to the contractor.
(b) If a request for reconsideration of a
				  determination is not filed within the period specified in subsection (a) of
				  this section, the determination made under §
										9.237
				  of this chapter and any imposed sanction is final and further administrative
				  appeal is barred.
(c) A contractor
				  that requests administrative reconsideration of a determination under
				  subsection (a) of this section must provide with the request written
				  documentation or argument to support its position that the noncompliance
				  determination was made in error by the department.
(d) The department may withhold final payment
				  on the contract until the compliance determination is final.
(e) The executive director will appoint a
				  department employee to perform the administrative reconsideration of the
				  determination. The employee must hold a senior leadership position in the
				  department and report directly to the executive director. A person who took
				  part in the original determination is not eligible for appointment under this
				  subsection. The appointed employee will act as an administrative hearing
				  officer.
(f) The person appointed
				  under subsection (e) of this section will make the final reconsideration
				  decision. The sanctions to be imposed may be changed in the final
				  reconsideration decision.
(g)
				  Before making the final reconsideration decision, the person appointed under
				  subsection (e) of this section may decide that an in-person hearing is needed
				  to make a final reconsideration decision, in which event the person will act as
				  the administrative hearing officer. The department will contact the contractor
				  or respondent to schedule the in-person hearing. The hearing will be scheduled
				  for a date that is within 30 days after the date that the determination to hold
				  an in-person hearing is made. The hearing may be rescheduled at the request of
				  either party but must be rescheduled for a date that is within 180 days after
				  the date of the original in-person hearing.
(h) The department will provide to the
				  contractor a written decision that explains the reconsideration decision and if
				  the decision is a finding of non-compliance, the basis for that
				  finding.
(i) A reconsideration
				  decision under subsection (g) of this section, including sanctions imposed
				  under that decision, is final and further administrative appeal is
				  barred.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.239 - Submission of Program Changes to Operating Administration (OA)

Current through Reg. 49, No. 28; July 12, 2024
If the department proposes significant changes to a DBE
					 program that has been approved by an OA, the department will submit those
					 changes to the OA for approval.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.240 - Certification of DBEs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  is a member of the Texas Unified Certification Program (TUCP), established by a
				  memorandum of agreement approved by DOT and affective February 7,
				  2012.
(b) The TUCP is responsible
				  for all of the certification of DBEs in the state.
(c) An application for DBE certification must
				  be made as provided by the TUCP.
(d) Under federal law, an inconsistency or
				  ambiguity in the TUCP agreement will be resolved by giving precedence, in order
				  of priority, to:
(1) 49 C.F.R. Part 23,
				  Subpart C;
(2) 49 C.F.R. Part 26,
				  Subpart E;
(3) applicable DOT
				  Directives;
(4) the DOT approved
				  DBE Program;
(5) any applicable
				  state law; and
(6) TUCP Standard
				  Operating Procedures.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.241 - Business Development Program

Current through Reg. 49, No. 28; July 12, 2024
The department has implemented a DBE technical assistance
					 and supportive services program to provide firms resources needed to bid and
					 participate in highway construction contracts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.242 - Complaint Process; Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A DBE
				  certification complaint may be filed directly with the U.S. Department of
				  Transportation or with the department if the department is the TUCP member that
				  certified or denied certification to the entity at issue. The complaint must be
				  in writing and filed within 180 days after:
(1) the date of an alleged discrimination or
				  violation of the DBE program; or
(2) the date on which a continuing course of
				  conduct in violation of the DBE program was discovered.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.300 - Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the department to:
(1) ensure that Small Business Enterprises
				  (SBE) shall have an equal opportunity to participate in the performance of
				  contracts;
(2) create a level
				  playing field on which SBEs can compete fairly for contracts and
				  subcontracts;
(3) help remove
				  barriers to the participation of Small Business Enterprises in department
				  contracts;
(4) assist in the
				  development of firms that can compete successfully in the market place outside
				  the SBE program;
(5) develop and
				  maintain a program in order to facilitate contracting opportunities for small
				  businesses; and
(6) conduct the SBE
				  program to foster small business participation in compliance with
				  49 C.F.R. §
											26.39. The SBE program is a supplement to the
				  federal Disadvantaged Business Enterprise (DBE) program and the state's
				  Historically Underutilized Business (HUB) program, and is used when the DBE and
				  HUB programs do not apply, as provided in §
										9.301 of
				  this chapter (relating to Applicability of Program).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.301 - Applicability of Program

Current through Reg. 49, No. 28; July 12, 2024
The SBE program applies to all contracts for which the
					 department has set neither a DBE goal nor a HUB goal.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.302 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Construction contract--A contract entered
				  under Transportation Code, Chapter 223, Subchapter A, for the construction or
				  reconstruction of a segment of the state highway system.
(3) Contract--A highway construction or
				  maintenance contract that is subject to this subchapter.
(4) Contractor--One who participates, through
				  a contract or any tier of subcontract, in a highway, transit, or airport
				  program.
(5) Department--The Texas
				  Department of Transportation.
(6)
				  Disadvantaged Business Enterprise (DBE)--A business certified as a
				  disadvantaged business in accordance with the Texas Unified Certification
				  Program (TUCP).
(7) Executive
				  director--The executive director of the department.
(8) Firm--A business entity, including a sole
				  proprietorship, partnership, or other association, or corporation.
(9) Historically Underutilized Business
				  (HUB)--Any business certified as a historically underutilized business by the
				  Texas Comptroller of Public Accounts.
(10) Maintenance contract--A contract entered
				  under Transportation Code, Chapter 223, Subchapter A, for the maintenance of a
				  segment of the state highway system.
(11) Respondent--A person that responds to an
				  invitation to bid, request for proposal, or comparable solicitation related to
				  a contract to which this subchapter applies.
(12) Small Business Enterprise (SBE)--A firm
				  that is certified as a small business enterprise under this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.304 - Eligibility for Certification

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for certification as an SBE:
(1) a firm's annual gross receipts, including
				  the annual gross receipts of all of the firm's affiliates, for the three
				  preceding completed fiscal years may not have exceeded the United States Small
				  Business Administration's size standard for the North American Industry
				  Classification Code, as provided by
				  13
				  C.F.R. §121.201, that is designated as
				  the principal business of the firm; and
(2) at least 51 percent of the firm's assets
				  and interest and classes of stock and equitable securities, if applicable, must
				  be owned by one or more persons who are United States citizens or lawfully
				  admitted permanent residents.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.305 - Application for SBE Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  be certified as an SBE, a firm must submit to the department, except as
				  provided by subsection (b) of this section, a written application on a form
				  prescribed by the department that affirms under penalty of perjury that the
				  firm qualifies as an SBE.
(b) A
				  firm certified as a DBE by any certifying partner of the TUCP will be
				  automatically certified as an SBE by the department. The department will
				  certify as an SBE any firm that is currently certified as a DBE in the TUCP
				  directory maintained by the department and has not already been certified as an
				  SBE. A HUB certified by the Texas Comptroller of Public Accounts will be
				  certified as an SBE on request.
(c)
				  If requested by the department, an applicant must provide the requested
				  materials and information necessary to demonstrate the qualifications as an
				  SBE.
(d) A firm seeking
				  certification has the burden of demonstrating by a preponderance of the
				  evidence that it meets the certification standards.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.306 - Reapplication after Withdrawal of Application

Current through Reg. 49, No. 28; July 12, 2024
An applicant that withdraws its application for SBE
					 certification may reapply at any time.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.307 - Review and Evaluation of Certification Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will review and evaluate
				  applications for SBE certification and may perform on-site inspections to
				  verify eligibility.
(b) The
				  department may deny an application if:
(1) the
				  application is not satisfactorily completed;
(2) the applicant is not eligible to be
				  certified as an SBE;
(3) the
				  application contains false information; or
(4) the applicant does not provide the
				  required information.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.308 - Certification Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall certify the applicant as an SBE or deny the application within 90 days
				  after the date that the department receives a satisfactorily completed
				  application.
(b) If the application
				  is denied, the department will notify an applicant in writing and state the
				  reasons for the denial.
(c) A firm
				  may not reapply for SBE certification within 12 months after the date of a
				  denial notice.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.309 - Certification Period; Recertification

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  SBE certification is valid for three years.
(b) To be recertified as an SBE, a firm must
				  submit an application for certification and any requested documentation under
				  §
										9.305
				  of this subchapter (relating to Application for SBE Certification).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.310 - Applicant's Answer to Denial Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant may send to the department a written response to an application
				  denial within 15 working days after the date that the department sends notice
				  of denial under §
										9.308 of
				  this subchapter (relating to Certification Decision).
(b) If the applicant does not send a written
				  response within the 15-day period, the denial of certification is
				  final.
(c) If an applicant responds
				  within the period provided under subsection (a) of this section, the department
				  will:
(1) certify the applicant if the
				  response resolves the eligibility deficiencies; or
(2) deny the application if the response does
				  not resolve the eligibility deficiencies.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.311 - Certification Challenges

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  challenge the eligibility of a firm certified or seeking to be certified as an
				  SBE.
(b) A challenge must be in
				  writing, signed and dated by the challenger, and set forth the factual basis
				  for the challenge.
(c) After
				  receiving a challenge, the department will determine if there is reason to
				  believe, on the basis of the information provided by the challenger, that the
				  firm is not eligible.
(d) To the
				  extent allowed by law, the department will keep the identity of a challenger
				  confidential unless otherwise authorized by the challenger. The department will
				  advise the challenger that if keeping the identity of the challenger
				  confidential hinders the investigation, the investigation may be
				  closed.
(e) The department will
				  review the challenged firm's record, any material provided by that firm and the
				  challenger, and other available information. All parties to the challenge must
				  cooperate with the review.
(f) If
				  the department determines that there is reasonable cause to believe that the
				  challenged firm is ineligible, the department will provide a written notice to
				  the firm proposing to find the firm ineligible, stating the reasons for the
				  proposed determination, and offering the firm the opportunity to present
				  information and arguments in writing. If the challenged firm fails to respond
				  to the notice before the 15th working day after the date that the notice is
				  sent, the certification is withdrawn or the application is denied, as
				  appropriate.
(g) If the department
				  determines that there is not reasonable cause to believe that the challenged
				  firm is ineligible, the department will notify the challenger in writing of the
				  determination and the reason for it.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.312 - Department Challenges

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department receives information that provides reasonable cause to believe that
				  the firm has become ineligible to be certified as an SBE, other than
				  information provided by a challenger under §
										9.311 of
				  this subchapter (relating to Certification Challenges), the department will
				  provide a written notice to the firm proposing to find the firm ineligible and
				  stating the reasons for it.
(b) The
				  department will give the firm an opportunity to present information and
				  arguments in writing concerning its eligibility.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.313 - SBE Directory

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will maintain and make available to interested persons a directory identifying
				  all firms eligible to participate as SBEs on department contracts.
(b) The SBE directory lists, at a minimum for
				  each firm:
(1) the firm's address;
(2) the firm's e-mail address, if
				  any;
(3) the firm's phone number;
				  and
(4) the types of work the firm
				  has been certified to perform as an SBE.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.314 - SBE Overall Goal

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director will establish an overall annual SBE contracting goal for the
				  department based on the availability of certified SBEs and an estimation of SBE
				  opportunities in the contracts that will be entered into in the year.
(b) The department will make a good faith
				  effort to meet or exceed the annual goal.
(c) The department will report annually on
				  small business participation with the department and the results of SBE
				  certification, SBE contract participation, and actions needed to achieve the
				  annual SBE contracting goal established by the executive director.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.315 - Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may assign individual contract goals for SBE participation contracts as
				  necessary to cumulatively meet the overall annual SBE goals.
(b) Contract goals will be based on the
				  availability of qualified SBEs, work site location, dollar value of the
				  contract, and type of work items specified in the contract.
(c) For work to be counted toward an SBE goal
				  the work must actually be performed by an SBE.
(d) The entire amount of the fee or
				  commission charged by an SBE for providing a bona fide service, such as
				  professional, technical, consultant, or managerial services, or for providing
				  bonds or insurance specifically required for the performance of a U.S.
				  Department of Transportation assisted contract, will be counted toward SBE
				  goals if that fee or commission is determined to be reasonable and not
				  excessive as compared with those customarily allowed for similar
				  services.
(e) The amount of the
				  part of a construction contract or other contract not covered by subsection (c)
				  of this section that is performed by the SBE's own forces may be counted toward
				  the SBE goal. The cost of supplies and material obtained by the SBE for the
				  contract work, including supplies purchased or equipment leased by the SBE,
				  other than supplies and equipment the SBE purchases or leases from the prime
				  contractor or its affiliate, is included.
(f) If an SBE subcontracts a part of the work
				  of its contract to another firm, the value of the subcontracted work will be
				  counted toward the SBE goal only if the SBE's subcontractor is an
				  SBE.
(g) If an SBE is a participant
				  in a joint venture, only the part of the total value of the contract equal to
				  the distinct, clearly defined part of the contract work that the SBE performs
				  with its own forces may be counted toward the SBE goal.
(h) For the purposes of subsection (g) of
				  this section, a "joint venture" is an association of an SBE firm and one or
				  more other firms to carry out a single, for-profit business enterprise, for
				  which the parties combine their property, capital, efforts, skills, and
				  knowledge, and in which the SBE is responsible for a distinct, clearly defined
				  portion of the work of the contract and whose share in the capital
				  contribution, control, management, risks, and profits of the joint venture are
				  commensurate with its ownership interest.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.316 - Contractor Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  that receives a contract with an SBE contract goal must designate an employee
				  to serve as the SBE contact person during the contract.
(b) The contractor must inform the department
				  of the representative's name, title, e-mail address, and telephone number no
				  later than five working days after the contract is signed.
(c) The SBE representative is responsible for
				  submitting reports, maintaining records, and documenting good faith efforts to
				  use SBEs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.317 - Contract Provisions for SBE Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Department contracts will include a
				  contract provision addressing SBE requirements.
(b) A contract without an assigned goal will
				  include provisions that:
(1) encourage the
				  use of SBEs in subcontracting and material supply activities; and
(2) prohibit discrimination.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.318 - Payment; Prompt Payment; Joint Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section:
(1) "subcontractor"
				  includes a supplier;
(2) "work"
				  includes materials that are provided by a supplier at a location approved by
				  the department;
(3) "satisfactory
				  completion" occurs when:
(A) the
				  subcontractor has fulfilled the contract requirements of both the department
				  and the subcontract for the subcontracted work, including the submittal of all
				  information required by the specifications or by the department and including
				  any vegetative establishment, testing, maintenance, and performance of other
				  work that is the responsibility of the subcontractor; and
(B) the work done by the subcontractor has
				  been inspected, approved, and paid for by the department; and
(4) "contractor" refers to a
				  subcontractor that contracts work to another tier of subcontractors.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.319 - Contractor's Commitment Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Within
				  the time specified in the contract or proposal, the contractor shall furnish a
				  commitment agreement for each certified SBE that will be used to meet the
				  contract goal.
(b) The commitment
				  agreement must include:
(1) the items of work
				  to be performed;
(2) the quantities
				  of work or material;
(3) the unit
				  measure, unit price, and total cost for each item;
(4) the total amount of the SBE
				  commitment;
(5) the name, address,
				  and point of contact of each SBE that will participate in the
				  contract;
(6) the description and
				  dollar amount of the work to be performed by each SBE;
(7) the original signatures of the contractor
				  and the proposed SBE;
(8)
				  documentation of the bidder's commitment to use each SBE subcontractor for the
				  dollar amount originally submitted; and
(9) confirmation from each SBE that it is
				  participating in the contract as provided in the bidder's commitment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.320 - Contractor's Good Faith Efforts

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  contractor is unable to meet the SBE goal, the contractor must document the
				  good faith efforts taken to meet the SBE goal and to obtain SBE
				  participation.
(b) The department
				  will consider as good faith efforts all documented explanations that are
				  submitted and that describe a contractor's failure to meet an SBE goal or
				  obtain SBE participation, including:
(1)
				  advertising in general circulation, trade association, or minority or women
				  focus media concerning subcontracting opportunities;
(2) providing written notice to at least five
				  qualified SBEs allowing sufficient time for SBEs to participate
				  effectively;
(3) dividing the
				  contract work into reasonable portions in accordance with standard industry
				  practices;
(4) documenting reasons
				  for rejection or meeting with the rejected SBE to discuss the
				  rejection;
(5) providing qualified
				  SBEs with adequate information about bonding, insurance, plans, specifications,
				  scope of work, and the requirements of the contract;
(6) negotiating in good faith with qualified
				  SBEs, not rejecting qualified SBEs who are also the lowest responsive bidder;
				  and
(7) using the services of
				  available minorities and women, community organizations, contractor groups,
				  local, state, and federal business assistance offices, and other organizations
				  that provide support services to SBEs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.321 - Subcontracting

Current through Reg. 49, No. 28; July 12, 2024
(a) An SBE contractor or SBE subcontractor
				  may subcontract work but shall perform at least 25 percent of the value of the
				  contract work with:
(1) employees paid
				  directly by the SBE;
(2)
				  individuals whose services are obtained from a licensed employee leasing
				  company; and
(3) equipment owned or
				  rented or leased directly by the SBE.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.322 - Leases

Current through Reg. 49, No. 28; July 12, 2024
(a) An SBE may lease equipment consistent
				  with standard industry practice.
(b) The SBE must provide the operator of the
				  leased equipment and must be responsible for all applicable payroll and labor
				  compliance requirements.
(c) The
				  SBE that leases trucks from a non-SBE is entitled to credit for the total value
				  of transportation services provided by non-SBE lessees, not to exceed the value
				  of transportation services provided by the SBE-owned trucks on the contract.
				  Additional participation by non-SBE lessees receive credit only for the fee or
				  commission the SBE receives as a result of the lease arrangement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.323 - Withholding or Reducing Payments

Current through Reg. 49, No. 28; July 12, 2024
A contractor may not withhold or reduce payments to an SBE
					 firm without a reason that is accepted as standard industry
					 practice.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.324 - SBE Subcontractor Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  a contract has an SBE contract goal, the contractor may not substitute or
				  terminate an SBE subcontractor submitted on a commitment agreement without the
				  prior written consent of the department.
(b) Before requesting the department's
				  approval to terminate or substitute for an SBE, the contractor must give
				  written notice to the listed SBE with a copy to the department of the
				  contractor's intent to request the termination or substitution of the SBE and
				  provide a detailed explanation for the request.
(c) The contractor must give the listed SBE
				  five days to respond to the notice and to advise the department and the
				  contractor of the reasons the listed SBE objects to the proposed termination or
				  substitution. The department may provide a shorter response time if required in
				  a particular case as a matter of public necessity.
(d) When an SBE subcontractor is terminated
				  or fails to complete its work on the contract for any reason, the contractor
				  shall make good faith efforts to find, as a substitute for the original SBE,
				  another SBE to perform, at least to the extent needed to meet the established
				  contract goal the work that the original SBE was to have performed under the
				  contract. If the contractor cannot find another SBE to perform the work
				  originally committed to the terminated SBE the contractor shall make good faith
				  efforts to obtain SBEs to perform other work under the contract equal to the
				  work originally committed to the terminated SBE.
(e) The contractor must submit for approval
				  the name of the SBE subcontractor that is to replace the SBE subcontractor
				  listed in the original commitment agreement. Work performed by a substitute
				  before the department has approved the substitution will not be counted toward
				  the SBE goal.
(f) If the department
				  determines there is good cause for the termination or replacement, the
				  department will provide written consent for the action.
(g) Each contract will contain provisions
				  that state the appropriate administrative remedies that apply if the contractor
				  fails to comply with this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.325 - Performance

Current through Reg. 49, No. 28; July 12, 2024
(a) An SBE contractor or subcontractor shall
				  comply with the terms of the contract or subcontract for which it was
				  selected.
(b) Work products,
				  services, and commodities must meet contract specifications.
(c) The SBE's work performance must include
				  being responsible for:
(1) the performance of
				  the work subject to the contract and for the execution of its responsibilities
				  by actually performing, managing, and supervising the work involved;
				  and
(2) the provision of the
				  materials and supplies used in the performance of its contract, unless the
				  contract provides for labor services only and is approved by the department,
				  and includes:
(A) negotiation of the price of
				  the materials and supplies;
(B)
				  determination of the quality, if applicable, and quantity of the materials and
				  supplies;
(C) ordering of the
				  material and supplies;
(D)
				  installation of the material, if applicable; and
(E) payment for the material.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.326 - Contractor Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  shall submit to the department monthly reports that indicate the amount paid to
				  each SBE.
(b) Reports under this
				  section must be submitted in a form acceptable to the department. Each report
				  must include the identification of the SBE by name and vendor number.
(c) If required by the department, the
				  contractor shall attach to a report under this section proof of payment,
				  including copies of canceled checks.
(d) The contractor shall submit in accordance
				  with the contract and in a form acceptable to the department a final report
				  that shows the total paid to each SBE.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.327 - Contractor Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  shall retain all records specified in the contract for three years after the
				  later of:
(1) the date that the final payment
				  is made under the contract; or
(2)
				  the latest date of completion of any investigation, audit, examination, or
				  other review that began during the period of the contract or within three years
				  of the date described by paragraph (1) of this subsection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.328 - Credits for Expenditures

Current through Reg. 49, No. 28; July 12, 2024
A contractor will receive credit for all payments made to
					 an SBE for work performed and costs incurred, including costs of materials and
					 supplies, in accordance with the contract, including all subcontracted
					 work.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.329 - Monitoring of Contract Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will monitor contractor compliance by:
(1) reviewing contractor reports;
				  and
(2) making on-site visits to
				  the project and the offices of a contractor or subcontractor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.330 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to:
(1) a subcontractor's claim for additional
				  payments or time extensions; or
(2)
				  a discrimination complaint made against a department employee, which is handled
				  in accordance with the department's Human Resources Manual.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.331 - Review and Investigation of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will review each complaint filed under §
										9.330 of
				  this subchapter (relating to Complaints) and will notify the complainant that
				  the department has determined that:
(1) an
				  investigation is warranted; or
(2)
				  that an investigation is not necessary and the reasons for that
				  determination.