The contractor cannot discriminate against any person by having segregated facilities. By entering into the contract, the contractor certifies that they maintain non-segregated facilities that conform to the requirements of . This certification is included in . The prime contractor is required to obtain a similar certification from each subcontractor and supplier, as applicable.

The LG is responsible to ensure the contractor and subcontractors obtain the appropriate certifications and for coordinating closely with the TxDOT district office during construction. Details regarding the specific requirements for ensuring non-segregated facilities during construction that must be followed and properly documented are found in the Chapter 7 – Plans, Specifications & Estimates (PS&E) Development. of this Manual describes the state and federal statutes related to non-segregated facilities.