Chapter 14: Small Business ProgramsAnchor: #BCEJHFCI
Section 1: Program OverviewAnchor: #b140001
The Civil Rights Division (CIV) is responsible for the oversight of the Department's Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) programs. These programs have been developed to: expand diversity in the industry; to ensure nondiscrimination in the award and administration of DOT-assisted contracts; to create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; and to promote the use of DBEs in all types of federally-assisted contracts and procurement activities.
Responsibilities associated with these programs are outlined in Title 43, Texas Administrative Code (TAC) Chapter 9, Subchapters J-L.
Contact CIV at (512) 416-4700 for more information regarding these programs.Anchor: #b140002
Disadvantaged Business Enterprise (DBE) Program
The DBE Program [as authorized by Title 49, Code of Federal Regulations (CFR), Part 26] ensures nondiscrimination in the award and administration of United States Department of Transportation (USDOT) contracts. The Disadvantage Business Enterprise (DBE) Program is a legislatively mandated USDOT program that applies to Federal-aid highway dollars expended on federally-assisted contracts. The USDOT must approve the Department's DBE Program and its annual goals to ensure compliance with all Program requirements.Anchor: #b140004
Small Business Enterprise (SBE) Program
The Department's SBE Program (as authorized by 43 TAC §9.300) offers small businesses another avenue to maximize their opportunities of doing business with TxDOT. The Program applies to highway improvement contracts that are funded entirely using state or local funds.Anchor: #i1011690
Prime Contractors' Compliance Guide and DBE Contractors' Compliance Guide
DBE Program Compliance Guides are available to assist contractors in complying with the DBE special provisions.
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- Prime Contractors' Compliance Guide Anchor: #VKGULPTE
- DBE Contractors' Compliance Guide
District DBE Compliance and Monitoring Guide
District DBE Compliance and Monitoring Guide should be used by district construction staff that have oversight responsibilities specific to the DBE program as outlined in 49 CFR, Part 26. The guides contain procedures related to monitoring and enforcement to verify that the work committed to DBEs is actually performed by DBEs and that their payments are consistent with their approved contracts.
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- District DBE Compliance and Monitoring Guide (for projects let prior to February 2017) Anchor: #PFSSCGPE
- District DBE Compliance and Monitoring Guide (for projects let February 2017 and thereafter)
Rules and Regulations
The following is a list of the DBE contract regulations and provisions with which contractors must comply.
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- FHWA DBE Regulations 49 CFR, Part 26 Anchor: #LMKEQBJT
- Special Provision 000-007, “Disadvantaged Business Enterprise in Federal-Aid Contracts” (for projects let prior to February 2017) Anchor: #MNYEJWMG
- Special Provision 000-394, “Disadvantaged Business Enterprise in Federal-Aid Contracts” (for projects let February 2017 and thereafter) Anchor: #RDLVLHWH
- Prompt Payment is included in the contract through item 9 of the Standard Specification and covered in Chapter 11 - Section 3 of the CCAM for further guidance.