Section 2: Reviewing DBE Subcontracts for Compliance

Submitted Contracts

The District will check the following is present in all DBE subcontracts:
  • DBE certification is valid at the time of subcontract execution
  • Signature of prime contractor and DBE subcontractor
The dollar amount of DBE subcontract is equal or greater than the commitment and the scope of work does not differ from the commitment

District Responsibilities

Use the following checklist to ensure the Contractor’s Assurance and DBE Program requirements have been satisfied:
  • Are the following provisions incorporated in contracts, regardless of tier?
    • Disadvantaged Business Enterprise in Federal Aid Contracts (000-394)
    • Special Provision Measurement and Payment (009-009)
  • Is 49 CFR Part 26.13(b) assurance language present in contracts, regardless of tier?
  • Is the DBE’s certification valid at the time of subcontract execution?
  • Is the DBE certified in the NAICS code applicable to the kind of work the firm will perform on the contract?
  • Is the DBE’s scope of work different from the commitment?
  • Is the DBE’s subcontract amount the same as the commitment amount?
  • Is the subcontract default or termination clause consistent with 49 CFR Part 26.53(f), and does it include prior written consent from TxDOT that termination and replacements are for good cause?
If deficiencies are found, contact the prime contractor in writing and request a copy of the modified subcontract.