Beginning with the February 2017 letting, TxDOT will implement important changes to specifications regarding Disadvantaged Business Enterprise (DBE) commitments in order to comply with Code of Federal Regulations (49 CFR §26.53) and Texas Administrative Code.
For all federally funded construction contracts with DBE goals, the apparent low bidder must submit DBE utilization plans or good faith efforts within 5 calendar days (as defined in CFR) after bid opening. See the Fiscal Year 2017 letting dates and corresponding submission deadlines.
If the apparent low bidder fails to submit its DBE utilization plan or good faith efforts within 5 calendar days:
TxDOT may then recommend that the Texas Transportation Commission:
If the new apparent low bidder is unable to submit the required DBE information within one calendar day:
In February 2017, TxDOT will implement new modules of the Diversity Management System (DMS) for reporting DBE Utilization Plans and good faith efforts. Once implemented, all TxDOT staff and contractors will be required to use this system.