SECTION 9.235. Limitations on Amounts Counted toward DBE Goals

(a) Only DBE firms certified at the time of execution of the contract, subcontract, or purchase order, as appropriate, are eligible for DBE goal participation.

(b) Work performed on a contract by a firm after it has ceased to be certified as a DBE will not be counted toward the overall annual DBE goal.

(c) Participation by a DBE on a contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE.

(d) Payments made to a DBE that was not on the original commitment may be counted toward the contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a CUF.

Source Note: The provisions of this §9.235 adopted to be effective September 1, 2012, 37 TexReg 5320