In accordance with the

Standard Specification

, Article 8.2, “Subcontracting”, all subcontractors (regardless of the tier) require the Engineer's written approval prior to performing work on a contract. For further guidance, refer to the Table (internal access only).

Obtain a signed and completed Form 2802, “Subcontract Request for Approval”, from the Prime Contractor. As a reminder (if applicable):

for federally funded projects:
Special Provisions and Form FHWA-1273 must be physically incorporated in each construction contract, all subcontracts, and lower-tier subcontracts compensated with federal-aid funds. The contractor signature on Form 2802 certifies that all required SP and FHWA Form 1273 are included in the subcontract.
Form FHWA-1273
, “Required Contract Provisions – Federal-Aid Construction Contracts,”
Special Provision
“Certification of Nondiscrimination in Employment” – include in all subcontracts, at any tier, greater than $10,000.00,
Special Provision
, "Nondiscrimination" (Include provisions of Article 3.1 - 3.6 in all subcontracts and agreements for materials),
Special Provision
, "Cargo Preference Act Requirements in Fedral-Aid Contracts" - include in all subcontracts, and
Special Provision
, “Disadvantaged Business Enterprise in Federal-Aid Contracts” – for projects let after September 2024, include in any subcontract.
TxDOT DMS is the departments web-based Compliance Tracking System to be used for DBE reporting. Prime contractor must request to add a subcontractor in TxDOT DMS.
Neutral DBE's must be entered into TxDOT DMS for DBE reporting as part of the subcontractor approval process.
Disadvantaged Business Enterprise/Small Business Enterprise/Historically Underutilized Business (DBE/SBE/HUB) goal credit must be captured, when the subcontractor is classified as a DBE/SBE/HUB. Reference the following:
District Disadvantaged Business Enterprise Coordinator Compliance and Monitoring Guide (for projects let prior to Feb. 2017)
District Disadvantaged Business Enterprise Coordinator Compliance Monitoring Guide (for projects let Feb. 2017 and thereafter)
District Small Business Enterprise Coordinator Standard Operating Procedures (internal access only)
As a Best Practice, a Texas Unified Certification Program (TUCP) printout to show, DBE or SBE certification. Ensure date is current in header and footer. The TUCP must be verified for all DBEs,
both conscious and neutral.

Confirm the following information prior to approval of Form 2802, “Subcontract Request for Approval”:

total value of all subcontracted work does not exceed 70% of the original contract value.
for federal-aid projects
verify conscious DBE
participation on an approved commitment agreement or utilization plan.
Conscious DBE
subcontract work item must match the work items in the executed
commitment agreements
.
the subcontractor is not on the TxDOT or federal list of Debarred/Sanctioned Contractors.
the subcontractor is listed on the E-Verify program or has submitted documents for MOU (see E-Verify section below).
for substituted DBE subcontractors, the work items must match the executed commitment agreement and substituted form
.

NOTE:

For non-DBE subcontracts, this will be verified via the subcontract certification monitoring plan below.

Subcontracts are considered approved once the District approval date is entered into SiteManager. File the Subcontractor required documents DBE or Non-DBE (2802, Special Provisions, contracts, etc.) in ProjectWise once approved. Refer to the and the on CST Division webpage (internal access only). Notify the Contractor of such approval by letter or by email in a timely fashion, so as not to create delay impacts to the project.