reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter H - REMEDIES FOR NONCOMPLIANCE › Section 9.130 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The department is required by law to monitor grantee
					 compliance with federal and state laws. The department may impose remedies on a
					 grantee if the department determines that the grantee has failed to comply with
					 federal or state law, standard or special grant conditions, or contractual
					 agreements on which the grant award is predicated. The remedies provided under
					 this subchapter are in addition to any enforcement provisions of an award
					 document, description of a specific grant, or rules governing a specific grant
					 program or any other remedy legally available.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter H - REMEDIES FOR NONCOMPLIANCE › Section 9.131 - 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) Executive
				  director--The executive director of the Texas Department of
				  Transportation.
(2) Grant --An
				  award of funds or property in lieu of funds made by the department to a grantee
				  or by the grantee to another individual or entity. The term does not include:
(A) procurement purchases;
(B) technical assistance;
(C) assistance in the form of revenue
				  sharing, loans, loan guarantees, interest subsidies, or insurance;
(D) assistance for which no accounting by the
				  grantee is required; or
(E)
				  payments that are made to a contractor for the purpose of obtaining goods and
				  services and that create a procurement relationship between the department and
				  the contractor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter H - REMEDIES FOR NONCOMPLIANCE › Section 9.132 - Additional Award Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition
				  to the standard conditions for a grant, the department may require one or more
				  additional conditions under this section if the department determines that
				  additional conditions are needed to ensure compliance with applicable laws and
				  standard grant conditions and requirements.
(b) The department may:
(1) provide that grant payments will be made
				  as reimbursements rather than advance payments;
(2) withhold authority for the grantee to
				  proceed to the next phase until the department receives evidence of acceptable
				  performance within a given period of performance;
(3) require additional or more detailed
				  financial or performance reports;
(4) require additional project monitoring;
(5) require the grantee to obtain
				  technical or management assistance;
(6) establish additional prior approvals; or
(7) require the grantee to comply
				  with an improvement action plan that identifies specific strategies and actions
				  to ensure the grantee's compliance with applicable laws and standard grant
				  conditions and requirements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter H - REMEDIES FOR NONCOMPLIANCE › Section 9.133 - Remedies for Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  after the award of a grant the department determines that the grantee has
				  failed to comply with federal or state law, a grant condition, or the grant
				  agreement, the department may:
(1)
				  temporarily withhold cash payments pending correction of the deficiency by the
				  grantee;
(2) disallow the cost of
				  the activity or action that is not in compliance and take action for the
				  repayment of those disallowed costs;
(3) require one or more of the additional
				  conditions described in §
											9.132 of
				  this subchapter (relating to Additional Award Conditions).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter H - REMEDIES FOR NONCOMPLIANCE › Section 9.134 - Notice of Remedies

Current through Reg. 49, No. 28; July 12, 2024
If the department decides to take an action under §
										9.133
					 of this subchapter (relating to Remedies for Noncompliance), the department
					 will notify the grantee in writing within five working days after the date of
					 the decision. The notice must:
(1)
				  state the action being taken and if applicable, the period for which the action
				  will be taken;
(2) summarize the
				  facts and circumstances underlying the action being taken; and
(3) explain how the action was
				  selected.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter H - REMEDIES FOR NONCOMPLIANCE › Section 9.135 - Appeal of Decision on Remedies

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  grantee may appeal a determination under §
										9.133
				  of this subchapter (relating to Remedies for Noncompliance), by delivering to
				  the executive director a written notice of appeal and accompanying written
				  documentation supporting the appeal within 10 working days after the date of
				  receipt of the notice under §
										9.134 of
				  this subchapter (relating to Notice of Remedies).
(b) The executive director will make a
				  decision on the department's determination and may impose a lesser remedy for
				  noncompliance. The executive director will notify the grantee in writing of the
				  executive director's decision on the appeal within 5 working days after the
				  date of that decision.
(c) The
				  executive director may delegate to a department employee who holds a position
				  that is not below the level of division director any power or duty assigned to
				  the executive director by this section.
(d) A decision under subsection (b) of this
				  section is final and not subject to judicial review.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter I - DESIGN-BUILD CONTRACTS › Section 9.150 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 223, Subchapter F, authorizes
					 the department to enter into design-build contracts for highway projects and
					 prescribes the requirements for entering into such a contract. This subchapter
					 prescribes the procurement process to be followed by the department for a
					 design-build contract and conditions on private participation in design-build
					 contracts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter I - DESIGN-BUILD CONTRACTS › Section 9.151 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Affiliate--An entity
				  that directly or indirectly controls, is controlled by, or is under common
				  control with a private entity.
(2)
				  Commission--The Texas Transportation Commission.
(3) Conflict of interest--A circumstance
				  arising out of the existing or past activities, business interests, contractual
				  relationships, or organizational structure of a consultant, proposer, or
				  design-build contractor, where:
(A) the
				  private entity is or may be unable to give impartial assistance or advice to
				  the department;
(B) the private
				  entity's objectivity in performing the scope of work sought by the department
				  is or might be otherwise impaired;
(C) the private entity has an unfair
				  competitive advantage;
(D) the
				  private entity's performance of services on behalf of the department provides
				  or may provide an unfair competitive advantage to a third party; or
(E) there is a reasonable perception or
				  appearance of impropriety or unfair competitive advantage benefiting the
				  private entity or a third party as a result of the private entity's
				  participation in a design-build project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter I - DESIGN-BUILD CONTRACTS › Section 9.152 - General Rules for Design-Build Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. The rules in this subchapter address the manner by which the
				  department intends to evaluate submissions received from private entities in
				  response to requests for qualifications and requests for proposals issued by
				  the department.
(b) Reservation of
				  rights. The department reserves all rights available to it by law in
				  administering this subchapter, including without limitation the right in its
				  sole discretion to:
(1) withdraw a request
				  for qualifications or a request for proposals at any time, and issue a new
				  request;
(2) reject any and all
				  qualifications submittals or proposals at any time;
(3) terminate evaluation of any and all
				  qualifications submittals or proposals at any time;
(4) suspend, discontinue, or terminate
				  negotiations with any proposer at any time prior to the actual authorized
				  execution of a design-build contract by all parties;
(5) negotiate with a proposer without being
				  bound by any provision in its proposal;
(6) negotiate with a proposer to include
				  aspects of unsuccessful proposals for that project in the design-build
				  contract;
(7) request or obtain
				  additional information about any proposal from any source;
(8) modify, issue addenda to, or cancel any
				  request for qualifications or request for proposals;
(9) waive deficiencies in a qualifications
				  submittal or proposal, accept and review a non-conforming qualifications
				  submittal or proposal, or permit clarifications or supplements to a
				  qualifications submittal or proposal; or
(10) revise, supplement, or make
				  substitutions for all or any part of this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter I - DESIGN-BUILD CONTRACTS › Section 9.153 - Solicitation of Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for
				  qualifications - notice. If authorized by the commission to issue a request for
				  qualifications for a highway project, the department will set forth the basic
				  criteria for qualifications, experience, technical competence and ability to
				  develop the project, and such other information as the department considers
				  relevant or necessary in the request for qualifications. The department will
				  publish notice advertising the issuance of the request for qualifications in
				  the
Texas Register
and will post the notice and the request
				  for qualifications on the department's Internet website. The department may
				  also elect to furnish the request for qualifications to businesses in the
				  private sector that the department otherwise believes might be interested and
				  qualified to participate in the project that is the subject of the request for
				  qualifications.
(b) Request for
				  qualifications - content. At its sole option, the department may elect to
				  furnish conceptual designs, fundamental details, technical studies and reports
				  or detailed plans of the proposed project in the request for qualifications,
				  and may request conceptual approaches to bringing the project to fruition. A
				  request for qualifications must include:
(1)
				  information regarding the proposed project's location, scope, and
				  limits;
(2) information regarding
				  funding that may be available for the project;
(3) criteria that will be used to evaluate
				  the qualifications submittals;
(4)
				  the relative weight to be given to the criteria;
(5) the deadline by which qualifications
				  submittals must be received by the department; and
(6) any other information the department
				  considers relevant or necessary.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter I - DESIGN-BUILD CONTRACTS › Section 9.154 - Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section prescribes exclusive procedures for protests regarding:
(1) allegations that the terms of a request
				  for qualifications or request for proposals are wholly ambiguous, contrary to
				  legal requirements applicable to the procurement, or exceed the department's
				  authority;
(2) a determination as
				  to whether a qualifications submittal or proposal is responsive to the
				  requirements of the request for qualifications or request for proposals, as
				  applicable;
(3) short-listing
				  determinations; and
(4) award of a
				  design-build contract.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter I - DESIGN-BUILD CONTRACTS › Section 9.155 - Conflict of Interest and Ethics Policies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This section prescribes ethical standards of conduct applicable to
				  private entities, including consultants and subconsultants, participating in
				  the department's design-build program. A private entity's failure to comply
				  with these standards of conduct may result in the private entity's preclusion
				  from participation in a project or sanctions being imposed under Chapter 10 of
				  this title (relating to Ethical Conduct by Entities Doing Business with the
				  Department).
(b) Gifts and
				  benefits. A proposer, design-build contractor, consultant, or subconsultant
				  participating in the design-build program, or an affiliate of any of those
				  entities, may not offer, give, or agree to give a gift or benefit to a member
				  of the commission or to a department employee whose work for the department
				  includes the performance of procurement services relating to a project under
				  this subchapter, or who participates in the administration of a design-build
				  contract. Notwithstanding this prohibition, a consultant or subconsultant,
				  unless a member of a proposer or design-build contractor team, if authorized
				  under subsection (c) of this section may offer, give, or agree to give a token
				  item that does not exceed an estimated value of $25 (excluding cash, checks,
				  stocks, bonds, or similar items), where the item is distributed generally as a
				  normal means of advertising.
(c)
				  Conflicts of interest.
(1) Purpose. This
				  subsection prescribes department policy on conflicts of interest relating to
				  consultants and subconsultants participating in the design-build program, and
				  thereby:
(A) protects the integrity and
				  fairness of the program and all procurements carried out by the department as
				  part of the program;
(B) avoids
				  circumstances where a consultant, proposer, or design-build contractor obtains,
				  or appears to obtain, an unfair competitive advantage as a result of work
				  performed by a consultant or subconsultant;
(C) provides guidance to private entities so
				  they may assess and make informed business decisions concerning their
				  participation in the program; and
(D) protects the department's interests and
				  confidential and sensitive project-specific and programmatic
				  information.
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 9.200 - Purpose of Subchapter; Applicability of Program

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter establishes policies and
				  procedures related to the department's Disadvantaged Business Enterprise (DBE)
				  program in compliance with Transportation Code, §
										201.702,
				  and Title 49, Code of Federal Regulations, Part 26, and consistent, to the
				  extent possible, with Government Code, Chapter 2161.
(b) The department's DBE program is
				  applicable to all department contracts and purchases funded in whole or in part
				  with federal funds received from the U.S. Department of Transportation through
				  the Federal Highway Administration, Federal Transit Administration, or the
				  Federal Aviation Administration.
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 9.201 - Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the policy of the department to:
(1) ensure nondiscrimination in the award and
				  administration of contracts in the department's highway, transit, and airport
				  financial assistance programs;
(2)
				  create a level playing field on which DBEs can compete fairly for
				  contracts;
(3) ensure that the
				  department's DBE program is narrowly tailored in accordance with applicable
				  law;
(4) ensure that only firms
				  that fully meet the program's eligibility standards are permitted to
				  participate as DBEs;
(5) help
				  remove barriers to the participation of DBEs in contracts;
(6) assist the development of firms that can
				  compete successfully in the marketplace outside the DBE program; and
(7) provide appropriate flexibility to
				  entities that receive federal financial assistance through the department in
				  establishing and providing opportunities for DBEs.
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 9.202 - 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 specified
					 otherwise.
(1) Contract--A legally
				  binding relationship obligating a seller to furnish supplies or services,
				  including construction and professional services, and the buyer to pay for
				  them. The term includes a lease.
(2) Contractor--One who participates, through
				  a contract or any tier of subcontract, in a highway, transit, or airport
				  program.
(3) Department--The Texas
				  Department of Transportation.
(4)
				  Disadvantaged Business Enterprise (DBE)--A for-profit small business:
(A) that is at least 51 percent owned by one
				  or more individuals who are both socially and economically disadvantaged or, in
				  the case of a corporation, in which 51 percent of the stock is owned by one or
				  more such individuals; and
(B)
				  whose management and daily business operations are controlled by one or more of
				  the socially and economically disadvantaged individuals who own it.
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 9.203 - Program Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department's DBE program is administered by the DBE liaison officer who is
				  appointed by and has direct access to the executive director.
(b) The DBE liaison officer is responsible
				  for developing, implementing, and monitoring the DBE program and ensuring that
				  the department complies with applicable federal law. The DBE liaison officer:
(1) works with divisions of the department to
				  set overall annual goals;
(2)
				  directs the department's division directors and district engineers in
				  determining contractor compliance with DBE requirements;
(3) plans and may participate in DBE training
				  seminars;
(4) approves or denies
				  contractual remedies associated with non-compliance with the DBE program;
				  and
(5) acts as the department's
				  liaison with the Texas Unified Certification Program (TUCP).
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 9.204 - Discriminatory Actions Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual or entity may not exclude any person from participating in, deny any
				  person the benefits of, or otherwise discriminate against anyone in connection
				  with the award and performance of a contract covered by this subchapter on the
				  basis of race, color, religion, sex, age, disability, or national
				  origin.
(b) An individual or entity
				  may not use criteria or methods of administration, directly or through
				  contractual or other arrangements, that have the effect of defeating or
				  substantially impairing accomplishment of the objectives of the DBE program
				  with respect to individuals of a particular race, color, religion, sex, age,
				  disability, or national origin.
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 9.205 - Department Information

Current through Reg. 49, No. 28; July 12, 2024
In addition to any other DBE information, the department
					 will maintain:
(1) data associated
				  with the DBE program as directed by OAs;
(2) a bidders list that provides accurate
				  data about the DBE and non-DBE contractors and subcontractors who seek to work
				  on federally-assisted department contracts that can be used in establishing
				  overall DBE goals;
(3) for each DBE
				  and non-DBE contractor or subcontractor who seeks to work on federally-assisted
				  department contracts:
(A) the firm's
				  name;
(B) the firm's
				  address;
(C) the firm's e-mail
				  address, if any;
(D) the firm's
				  telephone number;
(E) the firm's
				  DBE certification status;
(F) type
				  of work the firm has been certified to perform; and
(G) the firm's length of existence;
				  and
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 9.206 - Contract Assurances Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  agreement with the department or other recipient that involves DOT funding must
				  include: "The recipient shall not discriminate on the basis of race, color,
				  national origin, or sex in the award and performance of any DOT-assisted
				  contract or in the administration of its DBE program or the requirements of 49
				  Code of Federal Regulations (C.F.R.) Part 26. The recipient shall take all
				  necessary and reasonable steps under 49 C.F.R. Part 26 to ensure
				  nondiscrimination in the award and administration of DOT-assisted contracts.
				  The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved
				  by DOT, is incorporated by reference into this agreement. Implementation of
				  this program is a legal obligation and failure to carry out its terms shall be
				  treated as a violation of this agreement. Upon notification to the recipient of
				  its failure to carry out its approved program, the DOT may impose sanctions as
				  provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the
				  matter for enforcement under 18 U.S. Code (U.S.C.) Chapter 1001 or the Program
				  Fraud Civil Remedies Act of 1986 (31 U.S.C.
				  §3801 et seq.)."
(b) Any contract or subcontract that involves
				  DOT funding must contain: "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 applicable
				  requirements of 49 C.F.R. Part 26 in the award and administration of
				  DOT-assisted contracts. Failure by the contractor to carry out these
				  requirements is a material breach of this contract, that may result in the
				  termination of this contract or such other remedy as the recipient deems
				  appropriate."
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 9.207 - Use of Financial Institutions

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will, to the extent feasible, use services offered by financial institutions
				  that are owned and controlled by socially and economically disadvantaged
				  individuals.
(b) The department
				  encourages contractors to use services offered by financial institutions that
				  are owned and controlled by socially and economically disadvantaged
				  individuals.
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 9.208 - 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 J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.209 - DBE 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 DBEs on department contracts.
(b) The DBE directory lists, at a minimum for
				  each firm:
(1) the firm's address;
(2) the firm's phone number; and
(3) the types of work the firm has been
				  certified to perform as a DBE.
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 9.210 - Overconcentration of DBEs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  from time to time may evaluate whether there is an overconcentration of DBE
				  firms in a certain type of work.
(b) If the department determines that there
				  is an overconcentration of DBE firms that unduly burdens the opportunity of
				  non-DBE firms to participate in that type of work, the department will
				  implement appropriate measures, as approved by the appropriate OA, to address
				  the condition.
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 9.211 - 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 assist firms with the ability to compete
					 successfully in the highway construction industry.
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 9.212 - Monitoring and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will monitor and enforce contract requirements and verify that work committed
				  to DBEs at contract award is actually performed by the DBEs.
(b) The department will keep a current total
				  of payments to DBE firms for work committed to the firms at the time of
				  contract award and compare the amounts to the amounts committed to DBE
				  firms.
(c) The department will
				  designate a District Disadvantaged Business Enterprise Coordinator for each of
				  the department's districts. The coordinator will monitor and enforce DBE
				  contract requirements in the district for which the coordinator is designated.
				  The department will develop, disseminate, and update as appropriate, standard
				  operating procedures to be followed by the coordinators.
(d) The department will develop, disseminate,
				  and perform an annual district DBE Program compliance audit on districts, prime
				  contractors, local governments, and other entities that are recipients of
				  federal funds, that have adopted the department's DBE Program, or that assist
				  with the administration of various components of the DBE Program.
(e) The department will notify DOT and any
				  appropriate state or federal agency of any false, fraudulent, or dishonest
				  conduct in connection with the DBE Program.
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 9.213 - Overall DBE Goal

Current through Reg. 49, No. 28; July 12, 2024
(a) Every third
				  year the department will set overall annual goals for DBE participation in
				  DOT-assisted contracts for the following three federal fiscal years. The
				  department may adjust an overall annual goal during the three-year period if
				  circumstances warrant such an adjustment.
(b) An overall goal will be based on
				  demonstrable evidence of the availability of ready, willing, and able DBEs
				  relative to all businesses that are ready, willing, and able to participate on
				  the department's DOT assisted contracts and reflect the level of DBE
				  participation that the department would expect absent the effects of
				  discrimination.
(c) An overall goal
				  will provide for participation by all certified DBEs and will not be subdivided
				  into group-specific 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 9.214 - Proposed Overall Goal

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will consult with contractors; contract consultants; DBEs', minority, women's,
				  and general contractor groups; community organizations; and other officials or
				  organizations that have information concerning:
(1) the availability of disadvantaged and
				  non-disadvantaged businesses;
(2)
				  the effects of discrimination on opportunities for DBEs; and
(3) the department's efforts to establish a
				  level playing field for the participation of DBEs.
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 9.215 - Public Participation in Establishing Overall Goal

Current through Reg. 49, No. 28; July 12, 2024
(a) After setting proposed overall goals
				  under §
										9.214 of
				  this subchapter (relating to Proposed Overall Goal), the department will
				  publish in general circulation media, available minority-focused media, and
				  trade association publications a notice that announces the department's
				  proposed overall goals.
(b) The
				  notice must:
(1) state that the proposed
				  goals and their rationale are available for inspection during normal business
				  hours at the department's principal office on or before the 30th day after the
				  date of the notice;
(2) state that
				  the department and the DOT will accept comments on the proposed goals on or
				  before the 45th day after the date of the notice; and
(3) include addresses to which comments may
				  be sent.
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 9.216 - Setting Overall Goal

Current through Reg. 49, No. 28; July 12, 2024
After considering public comments on the proposed goals,
					 the department will set the overall annual DBE goals for the following three
					 federal fiscal years.
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 9.217 - Submission of Overall Goal

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will submit the overall goals for the following three federal fiscal years and
				  the information described by subsection (b) of this section to the appropriate
				  OA for review by August 1 of the year in which the three-year period begins,
				  unless a different submission date is provided under federal law.
(b) The department will submit with the
				  overall goals a description of the methodology used to establish the goals,
				  including:
(1) the evidence with which the
				  base figure was calculated;
(2) a
				  summary listing of the relevant available evidence in the state and, if not
				  used, an explanation of why it was not used to adjust the base figure;
				  and
(3) a projection of the part of
				  each overall goal that the department expects to meet through race-neutral
				  means and through race-conscious means.
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 9.218 - Review by Operating Administration (OA)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior approval of the department's overall DBE goal by the OA is not
				  required.
(b) The OA may adjust the
				  overall goal or require that the department adjust the overall goal if the OA
				  determines that:
(1) the overall goal has not
				  been calculated correctly; or
(2)
				  the department's method for calculating the goals is inadequate.
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 9.219 - Interim Steps

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will request the approval of the appropriate OA for an interim goal or
				  goal-setting mechanism if the department needs additional time to collect data
				  or take other steps to develop an approach to setting overall goals.
(b) A goal-setting mechanism must:
(1) reflect the relative availability of DBEs
				  in the state to the maximum extent feasible given the available data;
				  and
(2) avoid imposing undue
				  burdens on non-DBEs.
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 9.220 - Use of Race-neutral Means

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will meet as much of its overall goal as feasible by using
				  race-neutral means of facilitating DBE participation.
(b) Race-neutral means include:
(1) arranging solicitations, times for the
				  presentation of bids, quantities, specifications, and delivery schedules in
				  ways that facilitate DBE and other small business participation;
(2) providing assistance to DBEs and other
				  small businesses in overcoming limitations such as the inability to obtain
				  bonding or financing;
(3) providing
				  technical assistance and other services to DBEs and other small
				  businesses;
(4) carrying out
				  information and communications programs on contracting procedures and specific
				  contract opportunities to ensure the inclusion of DBEs and other small
				  businesses;
(5) implementing a
				  supportive services program to develop and improve immediate and long-term
				  business management, record keeping, and financial and accounting capability
				  for DBEs and other small businesses;
(6) providing services to help DBEs, and
				  other small businesses, improve long-term development, increase opportunities
				  to participate in a variety of kinds of work, handle increasingly significant
				  projects, and achieve eventual self-sufficiency;
(7) establishing a program to assist new,
				  start-up firms, particularly in fields in which DBE participation has
				  historically been low;
(8) ensuring
				  distribution of the DBE directory to the widest feasible number of potential
				  contractors; and
(9) assisting DBEs
				  and other small businesses in developing their capability to use emerging
				  technology and conduct business through electronic media.
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 9.221 - Establishment of Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will establish contract goals for DOT-assisted contracts that have
				  subcontracting possibilities to meet any part of the department's overall goal
				  that the department does not project being met using race-neutral means. The
				  department will determine which of those contracts will have a contract
				  goal.
(b) The goal for a specific
				  contract may be higher or lower than that percentage level of the overall goal,
				  depending on factors such as the type of work involved, the location of the
				  work, and the availability of DBEs for the work of the particular
				  contract.
(c) Contract goals will
				  be set so that cumulatively they will result in meeting the part of the annual
				  overall goal that is not projected as being met through the use of race-neutral
				  means.
(d) OA approval of each
				  contract goal is not required. However, an OA may review and approve or
				  disapprove any contract goal established.
(e) A contract goal will provide for
				  participation by all certified DBEs and will not be subdivided into
				  group-specific 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 9.222 - Adjustment of Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department determines that the overall goal will be exceeded, the department
				  will reduce or eliminate the use of contract goals for the remainder of the
				  fiscal year to the extent necessary to ensure that the use of contract goals
				  does not result in exceeding the overall goal.
(b) If the department determines that it will
				  not meet the overall goal, the department will make appropriate modifications
				  in the use of race-neutral or race-conscious means to meet the overall
				  goal.
(c) If a contract change
				  order increases the contract value of a contract that includes federal funding,
				  the increased contract value may become subject to these same goal requirements
				  applicable to the original contract value, requiring an increase in the total
				  DBE participation for 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 9.223 - Prohibition on Use of Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
The department will not set contract goals in a
					 year:
(1) in which the department
				  projects that it will meet its overall goal using race-neutral means;
				  or
(2) if for the two years
				  preceding that year the department has met or exceeded its overall goal using
				  only race-neutral means.
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 9.224 - Reduction on Use of Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
If the department obtains, through the use of contract
					 goals, DBE participation that exceeds the overall goal in two consecutive
					 years, the department in the following year will reduce the use of contract
					 goals by the percentage that the overall goals were exceeded during that
					 two-year period.
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 9.225 - Maintaining and Reporting Data on Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
In a year in which the department projects the use of
					 contract goals, the department will maintain data separately on DBE
					 achievements in the contracts with contract goals and contracts without
					 contract goals. The data will be reported to the appropriate OA under §
										9.236
					 of this subchapter (relating to Reporting of DBE
					 Participation).
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 9.226 - Contract Goal Good Faith Efforts

Current through Reg. 49, No. 28; July 12, 2024
If a DBE contract goal has been established, the department
					 will award the contract only to a bidder that makes good faith efforts to meet
					 the goal as described in 49 C.F.R. Part 26, Appendix A.
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 9.227 - Information from Bidders

Current through Reg. 49, No. 28; July 12, 2024
(a) Each bidder
				  must submit to the department within the period provided by §
										9.17(i)
				  of this chapter (relating to Award of Contract):
(1) the names and addresses of each
				  subcontractor, identifying DBEs that will participate in the
				  contract;
(2) a description of the
				  work that each DBE will perform;
(3) the dollar amount of the participation of
				  each DBE;
(4) written documentation
				  of the bidder's commitment to use each DBE subcontractor whose participation
				  the bidder submits to meet a contract goal; and
(5) written confirmation from each DBE 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 J - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM › Section 9.228 - Reconsideration of the Department's Good Faith Efforts Determination before the Execution of the Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department determines that a bidder failed to satisfy the good faith efforts
				  requirements before the execution of the contract, the department will notify
				  the bidder of the failure and will give the bidder an opportunity for
				  administrative reconsideration.
(b)
				  The bidder must request an administrative reconsideration of that determination
				  within 10 days of the date of receipt of the notice provided under subsection
				  (a) of this section.
(c) If a
				  reconsideration request is timely received, the reconsideration decision will
				  be made by the department's DBE liaison officer or, if the DBE liaison officer
				  took part in the original determination that the bidder failed to satisfy the
				  good faith effort requirements, a department employee who holds a senior
				  leadership position of the department and reports directly to the executive
				  director, who did not take part in the original determination, and who is
				  appointed by the executive director to make the reconsideration
				  decision.
(d) The bidder may
				  provide written documentation or argument concerning whether the assigned DBE
				  contract goal was met or whether adequate good faith efforts were made to meet
				  the contract goal.
(e) The DBE
				  liaison or other department employee making the reconsideration determination
				  may request a meeting with the bidder to discuss whether the goal commitments
				  were met or whether adequate good faith efforts were made to obtain the
				  commitments to meet the contract goal.
(f) The meeting must be held within 30 days
				  of the date of the request submitted under subsection (b) of this section. If
				  the bidder is unavailable to meet during the 30-day period, the reconsideration
				  decision will be made on the written information provided by the
				  bidder.
(g) The department will
				  provide to the bidder a written decision that explains the basis for finding
				  that the bidder did or did not meet the contract goal or make adequate good
				  faith efforts to meet the contract goal within 30 days of the date of the
				  notice issued in subsection (a) of this section.
(h) The reconsideration decision is final and
				  is not administratively appealed to DOT.