SECTION 9.222. Adjustment of Contract Goals

(a) If the department determines that the overall goal will be exceeded, the department will reduce or eliminate the use of contract goals for the remainder of the fiscal year to the extent necessary to ensure that the use of contract goals does not result in exceeding the overall goal.

(b) If the department determines that it will not meet the overall goal, the department will make appropriate modifications in the use of race-neutral or race-conscious means to meet the overall goal.

(c) If a contract change order increases the contract value of a contract that includes federal funding, the increased contract value may become subject to these same goal requirements applicable to the original contract value, requiring an increase in the total DBE participation for the contract.

Source Note: The provisions of this §9.222 adopted to be effective September 1, 2012, 37 TexReg 5320