Common use of DBE Requirements Clause in Contracts

DBE Requirements. 6.1.1 DB Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which a Maintenance NTP is issued by 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. DB Contractor shall submit the documentation required under TxDOT’s DBE program within 90 days following issuance of any Maintenance NTP. 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 a Maintenance NTP that would materially impact DB Contractor’s cost of compliance, as demonstrated by DB Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either (a) adjust the Maintenance Price to reflect the cost increase demonstrated by DB 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 applicable Maintenance NTP.

DBE Requirements. 6.1.1 DB Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of the date on which a Maintenance NTP is issued by 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. DB Contractor shall submit the documentation required under TxDOT’s DBE program within 90 days following issuance of any Maintenance NTP. 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 a Maintenance NTP that would materially impact DB Contractor’s cost of compliance, as demonstrated by DB Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the DB Contractor as a result of the change in the DBE program 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 applicable Maintenance NTP.