Chapter 10: Race-Neutral Participation

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Section 1: Overview

The Federal DBE Program requires state transportation agencies to meet the maximum feasible portion of their overall DBE goals using race-neutral measures. Race-neutral measures are initiatives that encourage the participation of all businesses, or all small businesses, and are not specifically limited to DBEs.

As part of doing so, agencies must project the portion of their overall DBE goals that they expect to meet through race-neutral and race-conscious programs.

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  • TxDOT uses a combination of race-neutral and race-conscious measures to meet its overall DBE goals. TxDOT projects that some percent of its overall DBE goal would be met through neutral means and that the remainder would be met through race-conscious means.
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  • TxDOT uses DMS to track race-conscious and race-neutral participation on federal-aid projects.
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  • Prime contractors must report race-neutral participation, in DMS, on federal-aid contracts on which the assigned goal is 0% or on projects with goals greater than 0%.
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  • District staff will verify the prime has included all race-neutral DBEs in DMS and reported payments to them.
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  • Any work done by a race-neutral DBE regardless of NAICS codes may be counted provided they are performing a CUF.
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  • Termination and substitution policy and procedures do not apply to race-neutral participation.
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  • CUF reviews must be performed on all race-neutral participation on projects with and without goals.
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