Administrative Reconsideration
If TxDOT determines that the apparent successful bidder has
failed to meet the requirements of 49 CFR Part 26.53(a), TxDOT,
before awarding the contract, will provide the bidder an opportunity for
administrative reconsideration. As part of this reconsideration,
the bidder will have the opportunity to provide written documentation
or argument concerning the issue of whether it met the goal or made
adequate good faith efforts to do so.
TxDOT’s decision on reconsideration will be made by an official
who did not take part in the original determination that the bidder
failed to meet the goal or make adequate good faith efforts to do
so.
The bidder will have the opportunity to meet in person with
TxDOT’s reconsideration official to discuss the issue of whether
it met the goal or made adequate good faith efforts to do so.
TxDOT will send the bidder a written decision on reconsideration,
explaining the basis for finding that the bidder did or did not
meet the goal or make adequate good faith efforts to do so. The
result of the reconsideration process is not administratively appealable
to the DOT.