Beginning with the March 2020 Letting, TxDOT implemented important changes to specifications regarding Disadvantaged Business Enterprise (DBE) commitments in order to comply with the Code of Federal Regulations, 49 CFR §26.53, and the Texas Administrative Code, 43 TAC §9.17 and 9.227.
The submission of a DBE utilization plan (UP) is no longer applicable to the lowest bidder only. For federally funded construction contracts with DBE goals, all bidders must submit a UP or document good faith efforts to meet the DBE goal within five calendar days (as defined in the CFR) after bid opening. If the fifth day falls on a weekend or a day when TxDOT offices are closed, the deadline moves to the next business day.
See the Fiscal Year 2020 letting dates and corresponding submission deadlines.
All DBE subcontractors, suppliers and haulers listed on a bidder's UP must confirm the type of work provided and the total amounts shown. Actual participation as a DBE will be based on approval of the UP or good faith efforts documentation by the Civil Rights Division and award of a contract to the selected bidder.
As a reminder, a prime contractor that is also a DBE will not need to submit a UP.