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Section 4: DBE Contractor

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DBE Contractor Staff

Having adequate staff that fully comprehends the DBE Program requirements is the most effective way to ensure compliance with all provisions of 49 CFR, Part 26.

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DBE Contractor Responsibilities

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  • Market your firm presenting its capabilities to prime contractors and aggressively seek education on TxDOT contracting processes as well as each prime contractor’s practices.
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  • Take maximum advantage of training opportunities and educational programs offered by the DBE Support Services office and industry partners.
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  • Participate in project outreach programs for DBE firms initiated by the DBE Support Services.
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  • Maintain up to date DBE certification.
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  • Review contracting resources beginning with the TxDOT web site for Notices to Contractors. http://www.dot.state.tx.us/business/ntc.htm
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  • Thoroughly review plans and specifications prior to submitting a quote. http://www.txdot.gov/business/letting-bids/plans-online.html
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  • Promptly respond to prime contractor solicitation expressing your intention/interest in quoting or not.
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  • Seek appropriate assistance and ask questions of prime contractors in a timely manner.
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  • Consistent with effective business practices, submit quotes clearly noting which items of work your firm is certified to perform.
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  • Maintain a log of all quotes and file of all prime contractor solicitations until contract execution.
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  • Review bid tabs and contact prime contractor, as appropriate to your quote or business type, after contract award is complete.
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  • If a prime rejects a bid, consider negotiating to do a smaller portion of work quoted.
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  • Before signing a DBE commitment, talk to the prime contractor and review contract documents to determine if there are special requirements, such as expedited progress schedules or non-standard items that will impact your work.
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  • Do not agree to a commitment if you do not have the expertise, ability, or financial and equipment resources needed to complete the job.
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  • A DBE commitment is not a contract; it is a commitment to work.
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  • Perform work for which you are certified, per NAICS code. If you perform work for which you do not have an assigned NAICS code, your work cannot qualify as part of DBE procurement.
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  • Meet performance standards as established by contracts specifications. This relates to the quality of work, the timely submission of required information.
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  • Understand your responsibility and consequences of performing a commercially useful function (refer to Chapter 6.)
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  • Promptly submit verification of all payments received by prime contractor (refer to Chapter 12 Section 2).
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