Termination Procedures

Step 1:
 The prime contractor shall submit a request and justification for DBE termination to TxDOT.
  • The prime contractor shall first give notice in writing to the DBE firm of its intent to terminate and the reason for the termination.
  • The prime contractor will copy TxDOT on the Notice of Intent to Terminate correspondence.
  • The DBE has five calendar days to respond to the prime contractor’s notice and will advise the prime contractor and TxDOT of the reasons, if any, why it objects to the proposed termination of its subcontract and why TxDOT should not approve the prime contractor’s request for termination.
Step 2:
 TxDOT will review the termination request and related information and if necessary seek additional information to formulate its response.
Step 3:
 TxDOT will provide written consent to the termination request within seven days only if TxDOT agrees, for reasons stated in its concurrence document, that the prime contractor has good cause to terminate the DBE firm. TxDOT may provide a shorter response time if required in a particular case as a matter of public necessity.
Step 4:
 If TxDOT does not approve the request, the prime contractor shall continue to use the committed DBE in accordance with the contract.