Common use of DBE Requirements Clause in Contracts

DBE Requirements. 6.1.1 Maintenance Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which Maintenance NTP1 is issued by TxDOT, including undertaking good faith efforts to encourage DBE participation in the Maintenance Services and maintaining and submitting documentation as required by the TxDOT DBE program. Maintenance Contractor shall submit the documentation required under TxDOT’s DBE program within 90 days following issuance of the Maintenance NTP1. The purpose of the DBE Program is to ensure that DBEs and HUBs have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal or State funds. In the event of any conflict between 49 CFR Part 26 and TxDOT DBE Rules, the former shall prevail. 6.1.2 In the event of any change in the DBE program after the date of issuance of Maintenance NTP1 that would materially impact Maintenance Contractor’s cost of compliance, as demonstrated by Maintenance Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the Maintenance Contractor as a result of the change in the DBE program; or (b) require compliance with the TxDOT DBE program requirements in effect as of the Proposal Due Date instead of the DBE program in effect on the date of issuance of the Maintenance NTP1.

DBE Requirements. 6.1.1 Maintenance Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which Maintenance NTP1 NTP is issued by TxDOT, including undertaking TxDOT and shall undertake good faith efforts to encourage DBE participation in the Maintenance Services and maintaining and submitting documentation as required by the TxDOT DBE program. Maintenance Contractor shall submit the documentation required under TxDOT’s DBE program within 90 days following issuance of the Maintenance NTP1NTP. The purpose of the DBE Program is to ensure that DBEs and HUBs have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal or State funds. In the event of any conflict between 49 CFR Part 26 and TxDOT DBE Rules, the former shall prevail. 6.1.2 In the event of any change in the DBE program after the date of issuance of Maintenance NTP1 NTP that would materially impact Maintenance Contractor’s cost of compliance, as demonstrated by Maintenance Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the Maintenance Contractor as a result of the change in the DBE program; or (b) require compliance with the TxDOT DBE program requirements in effect as of the Proposal Due Date instead of the DBE program in effect on the date of issuance of the Maintenance NTP1NTP.

DBE Requirements. 6.1.1 Maintenance Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which Base Scope Maintenance NTP1 is issued by TxDOT, including undertaking good faith efforts to encourage DBE participation in the Maintenance Services and maintaining and submitting documentation as required by the TxDOT DBE program. Maintenance Contractor shall submit the documentation required under TxDOT’s DBE program within 90 days following issuance of the Base Scope Maintenance NTP1. The purpose of the DBE Program is to ensure that DBEs and HUBs have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal or State funds. In the event of any conflict between 49 CFR Part 26 and TxDOT DBE Rules, the former shall prevail. 6.1.2 In the event of any change in the DBE program after the date of issuance of Base Scope Maintenance NTP1 that would materially impact Maintenance Contractor’s cost of compliance, as demonstrated by Maintenance Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the Maintenance Contractor as a result of the change in the DBE program; or (b) require compliance with the TxDOT DBE program requirements in effect as of the Proposal Due Date instead of the DBE program in effect on the date of issuance of the Base Scope Maintenance NTP1.

DBE Requirements. 6.1.1 Maintenance Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which Maintenance NTP1 is issued by TxDOTTxDOT and comply with any changes to the program upon issuance of Maintenance NTP2 and Maintenance NTP3, including undertaking good faith efforts to encourage DBE participation in the Maintenance Services and maintaining and submitting documentation as required by the TxDOT DBE program. Maintenance Contractor shall submit the documentation required under TxDOT’s DBE program within 90 days following issuance of the Maintenance NTP1, Maintenance NTP2, and Maintenance NTP3. The purpose of the DBE Program is to ensure that DBEs and HUBs have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal or State funds. In the event of any conflict between 49 CFR Part 26 and TxDOT DBE Rules, the former shall prevail. 6.1.2 In the event of any change in the DBE program after the date of issuance of Maintenance NTP1 that would materially impact Maintenance Contractor’s cost of compliance, as demonstrated by Maintenance Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the Maintenance Contractor as a result of the change in the DBE program; or (b) require compliance with the TxDOT DBE program requirements in effect as of the Proposal Due Date instead of the DBE program in effect on the date of issuance of the Maintenance NTP1.

DBE Requirements. 6.1.1 Maintenance Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which Maintenance NTP1 is issued by TxDOT, including undertaking good faith efforts to encourage DBE participation in the Maintenance Services and maintaining and submitting documentation as required by the TxDOT DBE program. Maintenance Contractor shall submit the documentation required under TxDOT’s DBE program Program within 90 days following issuance of the Maintenance NTP1. The purpose of the DBE Program program is to ensure that DBEs and HUBs have an equal opportunity to participate in the performance of contracts financed in whole or in part with federal or State funds. In the event of any conflict between 49 CFR Part 26 and TxDOT DBE Rules, the former shall prevail. 6.1.2 In the event of any change in the DBE program after the date of issuance of Maintenance NTP1 that would materially impact Maintenance Contractor’s cost of compliance, as demonstrated by Maintenance Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the Maintenance Contractor as a result of the change in the DBE program; or (b) require compliance with the TxDOT DBE program requirements in effect as of the Proposal Due Date instead of the DBE program in effect on the date of issuance of the Maintenance NTP1.