Texas Administrative Code

(a) A program provider must: (1) ensure that an individual and LAR are, before or at the time the individual begins receiving a TxHmL Program service or a CFC service and at least annually thereafter: (A) informed of how to report allegations of abuse, neglect, or exploitation to…

(a) In lieu of requiring payment for an administrative penalty imposed against a program provider in accordance with § 9.581 of this subchapter (relating to Administrative Penalties), HHSC may give the program provider the opportunity for amelioration in accordance with this subs…

(a) If HHSC determines from a survey that a program provider is in compliance with the certification principles, HHSC: (1) sends the program provider a final survey report stating that the program provider is in compliance with the certification principles; (2) does not require a…

A contractor will receive credit for all payments made to a HUB for work performed and costs incurred in accordance with the contract, including all subcontracted work. Notes 43 Tex. Admin. Code § 9.362 The provisions of this §9.362 adopted to be effective September 1, 2012, 37 T…

(a) The contractor shall maintain business records documenting compliance with the HUB plan. (b) The contractor must submit monthly reports to the department at intervals specified in the contract using a report form acceptable to the department. The report must identify each sub…

(a) A contract with an assigned goal will include provisions requiring that the contractor submit a HUB commitment agreement in addition to the HUB Plan required by § 9.356 of this subchapter (relating to HUB Plan) as a condition of contract award. (b) Within the time specified i…

(a) The department must approve any changes to the HUB plan. Amendments to the contract or other written approval of the contract change must be recorded in the procurement file. (b) If the original scope of work is expanded through a change order or contract amendment, the depar…

Each contract to which this subchapter applies must include the HUB requirements applicable to the contract. Notes 43 Tex. Admin. Code § 9.358 The provisions of this §9.358 adopted to be effective September 1, 2012, 37 TexReg 5320

(a) If a respondent or contractor is not subcontracting any portion of the contract, is unable to obtain HUB participation, or is unable to meet the assigned goal for a contract, the respondent or contractor must describe in writing the actions that it has taken to obtain HUB par…

(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) 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) 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) 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 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) 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) 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) 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) 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…

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 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.…

(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) 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…

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) 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…

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) The department may determine that the contractor failed to satisfy the good faith efforts requirements in the performance of the contract, or violated any provision of this subchapter, the DBE provisions of the contract, or 49 C.F.R. Part 26 . (b) The department may impose an…

(a) The department annually will report DBE participation to each OA. (b) The report will provide the payments made to DBEs and contract goal shortfalls on DOT-assisted contracts. (c) During any year in which the department's DBE goals are satisfied through race-neutral and contr…

(a) Only DBE firms certified at the time of execution of the contract, subcontract, or purchase order, as appropriate, are eligible for DBE goal participation. (b) Work performed on a contract by a firm after it has ceased to be certified as a DBE will not be counted toward the o…

(a) For the purposes of this section: (1) a DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials or supplies that are required under the contract and are of the general character described by the specificat…

(a) A DBE trucking firm is considered to perform a CUF if the DBE: (1) is responsible for the management and supervision of the entire trucking operation for its part of the contract and is not part of a contrived arrangement for the purpose of meeting DBE goals; and (2) owns and…

(a) Each bidder must submit to the department within the period provided by § 9.17 (i) of this chapter (relating to Award of Contract): (1) the names and addresses of each subcontractor, identifying DBEs that will participate in the contract; (2) a description of the work that ea…

If a DBE contract goal has been established, the department will award the contract only to a bidder that makes good faith efforts to meet the goal as described in 49 C.F.R. Part 26 , Appendix A. Notes 43 Tex. Admin. Code § 9.226 The provisions of this §9.226 adopted to be effect…

In a year in which the department projects the use of contract goals, the department will maintain data separately on DBE achievements in the contracts with contract goals and contracts without contract goals. The data will be reported to the appropriate OA under § 9.236 of this …

If the department obtains, through the use of contract goals, DBE participation that exceeds the overall goal in two consecutive years, the department in the following year will reduce the use of contract goals by the percentage that the overall goals were exceeded during that tw…

The department will not set contract goals in a year: (1) in which the department projects that it will meet its overall goal using race-neutral means; or (2) if for the two years preceding that year the department has met or exceeded its overall goal using only race-neutral mean…

(a) If the department determines that the overall goal will be exceeded, the department will reduce or eliminate the use of contract goals for the remainder of the fiscal year to the extent necessary to ensure that the use of contract goals does not result in exceeding the overal…

(a) Each agreement with the department or other recipient that involves DOT funding must include: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its D…

In addition to any other DBE information, the department will maintain: (1) data associated with the DBE program as directed by OAs; (2) a bidders list that provides accurate data about the DBE and non-DBE contractors and subcontractors who seek to work on federally-assisted depa…

(a) An individual or entity may not exclude any person from participating in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of a contract covered by this subchapter on the basis of race, color, religion, sex…

(a) The department's DBE program is administered by the DBE liaison officer who is appointed by and has direct access to the executive director. (b) The DBE liaison officer is responsible for developing, implementing, and monitoring the DBE program and ensuring that the departmen…

The following words and terms, when used in this subchapter, shall have the following meanings, unless specified otherwise. (1) Contract--A legally binding relationship obligating a seller to furnish supplies or services, including construction and professional services, and the …

(a) It is the policy of the department to: (1) ensure nondiscrimination in the award and administration of contracts in the department's highway, transit, and airport financial assistance programs; (2) create a level playing field on which DBEs can compete fairly for contracts; (…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Executive director--The executive director of the Texas Department of Transportation. (2) Grant --An award of funds or property in l…

The department is required by law to monitor grantee compliance with federal and state laws. The department may impose remedies on a grantee if the department determines that the grantee has failed to comply with federal or state law, standard or special grant conditions, or cont…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Advertisement--The public announcement required by law inviting bids for work to be performed or materials to be furnished. (2) Alte…

(a) This subchapter prescribes the policies and procedures governing bidder qualification, bidding, award, and execution of a contract entered under Transportation Code, Chapter 223, Subchapters A-C. (b) As an alternative to using Transportation Code, Chapter 223, Subchapters A-C…

(a) Purpose. Government Code, Chapter 2260, provides a resolution process for certain contract claims against the state. This section governs the filing, negotiation, and mediation of such a claim. (b) Definitions. The following words and terms, when used in this section, shall h…