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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 43. TRANSPORTATION |
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PART 1. TEXAS DEPARTMENT OF TRANSPORTATION |
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CHAPTER 9. CONTRACT AND GRANT MANAGEMENT |
| SUBCHAPTER A. GENERAL |
| § 9.1. Contract Claims under Government Code, Chapter 2260 |
| § 9.2. Contract Claim Procedure |
| § 9.3. Protest of Department Purchases under the State Purchasing and General Services Act |
| § 9.4. Civil Rights - Title VI Compliance |
| § 9.5. Special Labor Provisions for Public Works Contracts |
| § 9.6. Contract Claim Procedure for Comprehensive Development Agreements and Certain Design-Build Contracts |
| § 9.7. Protest of Contract Practices or Procedures |
| § 9.8. Enhanced Contract and Performance Monitoring |
| § 9.9. Interlocal Contracts |
| SUBCHAPTER B. CONTRACTS FOR HIGHWAY PROJECTS |
| § 9.10. Purpose |
| § 9.11. Definitions |
| § 9.12. Qualification of Bidders |
| § 9.13. Notice of Letting and Issuance of Proposal Forms |
| § 9.14. Submittal of Bid |
| § 9.15. Acceptance, Rejection, and Reading of Bids |
| § 9.16. Tabulation of Bids |
| § 9.17. Award of Contract |
| § 9.18. Contract Execution, Forfeiture of Bid Guaranty, and Bond Requirements |
| § 9.19. Emergency Contract Procedures |
| § 9.20. Partial Payments |
| § 9.21. Purchase of Service |
| § 9.22. Liquidated Damages |
| § 9.23. Evaluation and Monitoring of Contract Performance |
| § 9.24. Performance Review Committee and Actions |
| § 9.25. Appeal of Remedial Action |
| § 9.26. Inclusion of Contract Remedies in Contracts |
| SUBCHAPTER C. CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES |
| § 9.30. Purpose |
| § 9.31. Definitions |
| § 9.32. Selection Processes, Contract Types, Selection Types, and Projected Contracts |
| § 9.33. Precertification |
| § 9.34. Non-federal Process |
| § 9.35. Federal Process |
| § 9.38. Emergency Contract Process |
| § 9.39. Urgent and Critical Process |
| § 9.40. Negotiations |
| § 9.41. Contract Administration |
| § 9.42. Contract Under a Pilot Program |
| SUBCHAPTER E. MAINTENANCE PROJECT CONTRACTS |
| § 9.70. Purpose |
| § 9.71. Definitions |
| § 9.72. Privatization of Maintenance Contracts |
| § 9.73. Determining Costs and Quality |
| SUBCHAPTER F. CONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES |
| § 9.80. Purpose |
| § 9.81. Definitions |
| § 9.82. Use of Providers |
| § 9.83. Notice and Letter of Interest |
| § 9.84. Proposals |
| § 9.85. Evaluation |
| § 9.86. Discussions for Best and Final Offer for Scientific, Appraisal, Right of Way Acquisition, and Landscape Architectural Services |
| § 9.87. Selection |
| § 9.88. Award |
| § 9.89. Qualification Requirements for Department-Certified Appraisers |
| SUBCHAPTER H. REMEDIES FOR NONCOMPLIANCE |
| § 9.130. Purpose |
| § 9.131. Definitions |
| § 9.132. Additional Award Conditions |
| § 9.133. Remedies for Noncompliance |
| § 9.134. Notice of Remedies |
| § 9.135. Appeal of Decision on Remedies |
| SUBCHAPTER I. DESIGN-BUILD CONTRACTS |
| § 9.150. Purpose |
| § 9.151. Definitions |
| § 9.152. General Rules for Design-Build Contracts |
| § 9.153. Solicitation of Proposals |
| § 9.154. Protest Procedures |
| § 9.155. Conflict of Interest and Ethics Policies |
| SUBCHAPTER J. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM |
| § 9.200. Purpose of Subchapter; Applicability of Program |
| § 9.201. Policy |
| § 9.202. Definitions |
| § 9.203. Program Administration |
| § 9.204. Discriminatory Actions Prohibited |
| § 9.205. Department Information |
| § 9.206. Contract Assurances Provisions |
| § 9.207. Use of Financial Institutions |
| § 9.208. Payment; Prompt Payment; Joint Checks |
| § 9.209. DBE Directory |
| § 9.210. Overconcentration of DBEs |
| § 9.211. Business Development Program |
| § 9.212. Monitoring and Enforcement |
| § 9.213. Overall DBE Goal |
| § 9.214. Proposed Overall Goal |
| § 9.215. Public Participation in Establishing Overall Goal |
| § 9.216. Setting Overall Goal |
| § 9.217. Submission of Overall Goal |
| § 9.218. Review by Operating Administration (OA) |
| § 9.219. Interim Steps |
| § 9.220. Use of Race-neutral Means |
| § 9.221. Establishment of Contract Goals |
| § 9.222. Adjustment of Contract Goals |
| § 9.223. Prohibition on Use of Contract Goals |
| § 9.224. Reduction on Use of Contract Goals |
| § 9.225. Maintaining and Reporting Data on Contract Goals |
| § 9.226. Contract Goal Good Faith Efforts |
| § 9.227. Information from Bidders |
| § 9.228. Reconsideration of the Department's Good Faith Efforts Determination before the Execution of the Contract |
| § 9.229. DBE Substitutions and Terminations |
| § 9.230. Labor-only Subcontracts |
| § 9.231. Computing Work Performed by DBE |
| § 9.232. Commercially Useful Function |
| § 9.233. Commercially Useful Function by DBE Trucking Firm |
| § 9.234. Counting Materials or Supplies Provided by DBE Manufacturer or Regular Dealer |
| § 9.235. Limitations on Amounts Counted toward DBE Goals |
| § 9.236. Reporting of DBE Participation |
| § 9.237. Determination of Noncompliance; Sanctions |
| § 9.238. Reconsideration of the Department's Noncompliance Determination |
| § 9.239. Submission of Program Changes to Operating Administration (OA) |
| § 9.240. Certification of DBEs |
| § 9.241. Business Development Program |
| § 9.242. Complaint Process; Review |
| SUBCHAPTER K. SMALL BUSINESS ENTERPRISE (SBE) PROGRAM |
| § 9.300. Policy |
| § 9.301. Applicability of Program |
| § 9.302. Definitions |
| § 9.304. Eligibility for Certification |
| § 9.305. Application for SBE Certification |
| § 9.306. Reapplication after Withdrawal of Application |
| § 9.307. Review and Evaluation of Certification Application |
| § 9.308. Certification Decision |
| § 9.309. Certification Period; Recertification |
| § 9.310. Applicant's Answer to Denial Notice |
| § 9.311. Certification Challenges |
| § 9.312. Department Challenges |
| § 9.313. SBE Directory |
| § 9.314. SBE Overall Goals |
| § 9.315. Contract Goals |
| § 9.316. Contractor Representative |
| § 9.317. Contract Provisions for SBE Requirements |
| § 9.318. Payment; Prompt Payment; Joint Checks |
| § 9.319. Contractor's Commitment Agreement |
| § 9.320. Contractor's Good Faith Efforts |
| § 9.321. Subcontracting |
| § 9.322. Leases |
| § 9.323. Withholding or Reducing Payments |
| § 9.324. SBE Subcontractor Termination |
| § 9.325. Performance |
| § 9.326. Contractor Reports |
| § 9.327. Contractor Records |
| § 9.328. Credits for Expenditures |
| § 9.329. Monitoring of Contract Compliance |
| § 9.330. Complaints |
| § 9.331. Review and Investigation of Complaints |
| § 9.332. Determination of Noncompliance; Sanctions |
| § 9.333. Reconsideration of the Department's Noncompliance Determination |
| SUBCHAPTER L. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM |
| § 9.350. Policy |
| § 9.351. Application of Subchapter |
| § 9.352. Definitions |
| § 9.353. Certification of HUBs |
| § 9.354. HUB Overall Goals |
| § 9.355. Contract Goals |
| § 9.356. HUB Plan |
| § 9.357. Good Faith Efforts Documentation |
| § 9.358. Required Contract Provisions |
| § 9.359. Changes to and Monitoring of HUB Plan |
| § 9.360. HUB Commitment Agreement |
| § 9.361. Reporting |
| § 9.362. Credit for HUB Expenditures |
| § 9.363. Monitoring of Contractor Compliance |
| § 9.364. Complaints |
| § 9.365. Review and Investigation of Complaints |
| § 9.366. Determination of Noncompliance; Sanctions |
| § 9.367. Reconsideration of the Department's Noncompliance Determination |