Chapter 20: Project Close Out

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Section 1: LG Responsibilities

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Processing Final Reports & Close Outs

The DBE Final Report ( Form 4904) will be submitted by the prime contractor to the LG. The LG will be responsible for submitting the final report to the TxDOT District DBE Coordinator (DDC) for each project and a completed Local Government (LG) Project Disadvantaged Business Enterprise (DBE) Compliance Monitoring Checklist ( Form 2658).

The LG will review and ensure:

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  • Dollar amounts match the final report form, including race-neutral dollar amounts.
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  • The overall assigned DBE project goal percentage was met as shown on the commitment.
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  • The project goal and individual commitments were met.
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Addressing DBE Goal Shortfalls

The LG will review the final report and supporting documentation to determine if the prime contractor has addressed a DBE goal shortfall. Shortfalls will have either of the following scenarios:

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  • The final report reflects the DBE goal was met, but also reflects individual DBE commitments were not met. If so, the prime contractor should have submitted a statement to justify the individual shortfall.
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  • If the final report does not meet the DBE goal and commitment, the prime contractor should have submitted documentation supporting good faith efforts.

The LG will first consider if the following possible circumstances apply when reviewing DBE goal shortfalls:

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  • DBE item under-runs occurred. Under-runs may be a justification for DBE goal shortfalls.
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  • DBE goal waivers approved by the LG at the time of conditional award or during project.
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  • CUF findings that resulted in a non-compliance and a denial or reduction in goal credit.

If the project has met the DBE subcontractor participation goals for the contract, no further action from the prime contractor is required.

If a project falls short of the contract DBE goal, the prime contractor will submit a letter to the LG explaining the shortfall. Prime contractors should include documentation of any good faith efforts to justify the shortfall. The LG will review this documentation and make a determination.

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