|(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
(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.
(b) Each bidder shall document the bidder's good faith
efforts to obtain commitment to meet the contract goal. Good faith
efforts are shown if the bidder documents that:
(1) sufficient DBE participation has been obtained
to meet the contract goal; or
(2) the bidder took the types of action that may be
considered as good faith efforts as referenced in 49 C.F.R. Part 26,
Appendix A, to obtain the commitments to meet the contract goal even
though the bidder did not succeed in obtaining sufficient DBE participation
to meet the contract goal.
(c) In addition to the information required under subsection
(a) of this section, if the contract goal is not met by DBE commitments,
the bidder must submit to the department, within the period provided
by §9.17(i) of this chapter, evidence of the bidder's good faith
efforts to obtain DBE participation to meet the contract goal.
(d) If the apparent successful bidder fails to obtain
the commitments to meet the DBE contract goal and fails to comply
with good faith efforts requirements described by subsection (b) of
this section, the proposal guaranty filed with the bid is forfeited
to the department.
|Source Note: The provisions of this §9.227 adopted to be effective September 1, 2012, 37 TexReg 5320; amended to be effective January 4, 2017, 41 TexReg 10663; amended to be effective February 19, 2020, 45 TexReg 1043