Texas Administrative Code

(a) A remedial action taken under § 9.24 of this subchapter (relating to the Performance Review Committee and Actions) may be appealed by delivering to the executive director a written notice of appeal within 15 working days after the effective date of the action as specified in …

(a) In addition to other contract provisions, each highway improvement contract must provide notice to the contractor of the evaluation of contract performance under § 9.23 of this subchapter (relating to Evaluation and monitoring of contract performance) and the range of contrac…

(a) Purpose. The purpose of this section is to provide a procedure for vendors to protest purchases made by the department. Purchases made by the Statewide Procurement Division of the Comptroller of Public Accounts office on behalf of the department are addressed in 34 TAC Chapte…

This subchapter establishes standard procedures for the selection of providers of architectural, engineering, and surveying services and the negotiation and management of contracts that require a registered architect, professional engineer, or registered professional land surveyo…

It is the policy of the department to: (1) ensure that Small Business Enterprises (SBE) shall have an equal opportunity to participate in the performance of contracts; (2) create a level playing field on which SBEs can compete fairly for contracts and subcontracts; (3) help remov…

The SBE program applies to all contracts for which the department has set neither a DBE goal nor a HUB goal. Notes 43 Tex. Admin. Code § 9.301 The provisions of this §9.301 adopted to be effective September 1, 2012, 37 TexReg 5320; Amended by Texas Register, Volume 43, Number 37,…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Construction contract--A contract entered under Transportation Code, Chapter 22…

To be eligible for certification as an SBE: (1) a firm's annual gross receipts, including the annual gross receipts of all of the firm's affiliates, for the three preceding completed fiscal years may not have exceeded the United States Small Business Administration's size standar…

(a) To be certified as an SBE, a firm must submit to the department, except as provided by subsection (b) of this section, a written application on a form prescribed by the department that affirms under penalty of perjury that the firm qualifies as an SBE. (b) A firm certified as…

An applicant that withdraws its application for SBE certification may reapply at any time. Notes 43 Tex. Admin. Code § 9.306 The provisions of this §9.306 adopted to be effective September 1, 2012, 37 TexReg 5320

(a) The department will review and evaluate applications for SBE certification and may perform on-site inspections to verify eligibility. (b) The department may deny an application if: (1) the application is not satisfactorily completed; (2) the applicant is not eligible to be ce…

(a) The department shall certify the applicant as an SBE or deny the application within 90 days after the date that the department receives a satisfactorily completed application. (b) If the application is denied, the department will notify an applicant in writing and state the r…

(a) An SBE certification is valid for three years. (b) To be recertified as an SBE, a firm must submit an application for certification and any requested documentation under § 9.305 of this subchapter (relating to Application for SBE Certification). Notes 43 Tex. Admin. Code § 9.…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Consultant Certification Information System (CCIS)--A computer system used to collect and store information related to the department's ce…

(a) An applicant may send to the department a written response to an application denial within 15 working days after the date that the department sends notice of denial under § 9.308 of this subchapter (relating to Certification Decision). (b) If the applicant does not send a wri…

(a) A person may challenge the eligibility of a firm certified or seeking to be certified as an SBE. (b) A challenge must be in writing, signed and dated by the challenger, and set forth the factual basis for the challenge. (c) After receiving a challenge, the department will det…

(a) If the department receives information that provides reasonable cause to believe that the firm has become ineligible to be certified as an SBE, other than information provided by a challenger under § 9.311 of this subchapter (relating to Certification Challenges), the departm…

(a) The department will maintain and make available to interested persons a directory identifying all firms eligible to participate as SBEs on department contracts. (b) The SBE directory lists, at a minimum for each firm: (1) the firm's address; (2) the firm's e-mail address, if …

(a) The executive director will establish an overall annual SBE contracting goal for the department based on the availability of certified SBEs and an estimation of SBE opportunities in the contracts that will be entered into in the year. (b) The department will make a good faith…

(a) The department may assign individual contract goals for SBE participation contracts as necessary to cumulatively meet the overall annual SBE goals. (b) Contract goals will be based on the availability of qualified SBEs, work site location, dollar value of the contract, and ty…

(a) A contractor that receives a contract with an SBE contract goal must designate an employee to serve as the SBE contact person during the contract. (b) The contractor must inform the department of the representative's name, title, e-mail address, and telephone number no later …

(a) Department contracts will include a contract provision addressing SBE requirements. (b) A contract without an assigned goal will include provisions that: (1) encourage the use of SBEs in subcontracting and material supply activities; and (2) prohibit discrimination. (c) A con…

(a) For the purposes of this section: (1) "subcontractor" includes a supplier; (2) "work" includes materials that are provided by a supplier at a location approved by the department; (3) "satisfactory completion" occurs when: (A) the subcontractor has fulfilled the contract requi…

(a) Within the time specified in the contract or proposal, the contractor shall furnish a commitment agreement for each certified SBE that will be used to meet the contract goal. (b) The commitment agreement must include: (1) the items of work to be performed; (2) the quantities …

(a) Selection processes. The department will issue RFPs and select providers under the following selection processes: non-federal under § 9.34 of this subchapter (relating to Non-federal Process), federal under § 9.35 of this subchapter (relating to Federal Process), emergency un…

(a) If the contractor is unable to meet the SBE goal, the contractor must document the good faith efforts taken to meet the SBE goal and to obtain SBE participation. (b) The department will consider as good faith efforts all documented explanations that are submitted and that des…

(a) An SBE contractor or SBE subcontractor may subcontract work but shall perform at least 25 percent of the value of the contract work with: (1) employees paid directly by the SBE; (2) individuals whose services are obtained from a licensed employee leasing company; and (3) equi…

(a) An SBE may lease equipment consistent with standard industry practice. (b) The SBE must provide the operator of the leased equipment and must be responsible for all applicable payroll and labor compliance requirements. (c) The SBE that leases trucks from a non-SBE is entitled…

A contractor may not withhold or reduce payments to an SBE firm without a reason that is accepted as standard industry practice. Notes 43 Tex. Admin. Code § 9.323 The provisions of this §9.323 adopted to be effective September 1, 2012, 37 TexReg 5320

(a) If a contract has an SBE contract goal, the contractor may not substitute or terminate an SBE subcontractor submitted on a commitment agreement without the prior written consent of the department. (b) Before requesting the department's approval to terminate or substitute for …

(a) An SBE contractor or subcontractor shall comply with the terms of the contract or subcontract for which it was selected. (b) Work products, services, and commodities must meet contract specifications. (c) The SBE's work performance must include being responsible for: (1) the …

(a) A contractor shall submit to the department monthly reports that indicate the amount paid to each SBE. (b) Reports under this section must be submitted in a form acceptable to the department. Each report must include the identification of the SBE by name and vendor number. (c…

(a) A contractor shall retain all records specified in the contract for three years after the later of: (1) the date that the final payment is made under the contract; or (2) the latest date of completion of any investigation, audit, examination, or other review that began during…

A contractor will receive credit for all payments made to an SBE for work performed and costs incurred, including costs of materials and supplies, in accordance with the contract, including all subcontracted work. Notes 43 Tex. Admin. Code § 9.328 The provisions of this §9.328 ad…

(a) The department will monitor contractor compliance by: (1) reviewing contractor reports; and (2) making on-site visits to the project and the offices of a contractor or subcontractor. (b) The department will keep a current total of payments to SBE firms for work committed to t…

(a) Standard work categories. Precertification establishes the minimum technical qualifications to perform work under a standard work category. The department may add, revise, or delete a standard work category. (b) Contract eligibility. (1) To be eligible to perform work under a…

(a) This section does not apply to: (1) a subcontractor's claim for additional payments or time extensions; or (2) a discrimination complaint made against a department employee, which is handled in accordance with the department's Human Resources Manual. (b) A complaint alleging …

(a) The department will review each complaint filed under § 9.330 of this subchapter (relating to Complaints) and will notify the complainant that the department has determined that: (1) an investigation is warranted; or (2) that an investigation is not necessary and the reasons …

(a) The department may determine that the contractor or respondent failed to satisfy the requirements of this subchapter or comply with the contract's SBE special provision requirements. (b) If a responder does not furnish the required SBE information within the period specified …

(a) A contractor or respondent may request an administrative reconsideration of the determination made under § 9.332 of this subchapter (relating to Determination of Noncompliance; Sanctions), including any sanctions imposed, within 10 days after the date that notice of the deter…

(a) Applicability. This section applies to engineering or design related service contract directly related to a highway construction project and reimbursed with federal-aid highway program (FAHP) funding. (b) Administrative qualification. A firm providing engineering and design r…

It is the policy of the department to: (1) ensure that Historically Underutilized Businesses have an equal opportunity to participate in the performance of contracts; (2) create a level playing field on which Historically Underutilized Businesses can compete fairly for contracts …

(a) This subchapter applies only to a contract that is funded entirely with state and local funds and is for: (1) a building; (2) professional, aviation, public transportation, or private consultant services; or (3) a purchase of goods or services that is made under Government Co…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Contractor--One who participates, through a contract or any tier of subcontract. (2) Comptroller--The Texas Comptroller of Public Ac…

(a) The department and comptroller operate under a memorandum of agreement that allows qualified businesses certified as a Disadvantaged Business Enterprise (DBE) in accordance with the Texas Unified Certification Plan (TUCP) to be recognized as a HUB. (b) The comptroller certifi…

(a) The executive director will establish annual agency HUB participation goals making use of disparity studies, including the study described by Government Code, § 2161.002(c) , as well as other relevant information and complying with 34 TAC §20.13(relating to Statewide Annual H…

(a) The department will assign individual contract goals for HUB participation contracts as necessary to meet the overall annual HUB goals. (b) Contract goals will be based on the availability of qualified HUBs, work site location, dollar value of the contract, and type of work i…