Common use of Compliance and Enforcement Clause in Contracts

Compliance and Enforcement. Section 26.109 Information, Confidentiality, Cooperation and Intimidation or Retaliation TxDOT will not release information that may be reasonably construed as confidential business information to any third party without the written consent of the firm that submitted the information. This includes applications for DBE Certification and supporting documentation. TxDOT will keep the identity of complainants confidential at their election, however complainants will be advised that in some circumstances, failure to waive the privilege will result in the closure of the investigation or proceeding or hearing. Federal Aviation Administration (FAA) follows the procedures of 14 CFR part 16 with respect to confidentiality of information and complaints. All participants in the Department’s DBE Program (including but not limited to, recipients, DBE firms and applicants for DBE certification, complainants and appellants and contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and recipient compliance reviews, certification reviews, investigation and other request for information. Failure to do so shall be a ground for appropriate action against the party involved. If you are a recipient, contractor, or any other participant in the program you must not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. If you violate this prohibition, you are in noncompliance with this part. Records must be retained for a period of 3 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. ATTACHMENTS Attachment 1 DBE Regulations: 49 CFR Part 26 Attachment 2 DBE Special Provision 000461 Attachment 3 OrganizationaI Chart Attachment 4 Measurement and Payment Special Provision 009-007 Attachment 5 TUCP DBE directory example and website address to the directory Attachment 6 DBE Goal Methodology Attachment 7 DBE Bidder Certification Attachment 8 DBE Joint Check Approval Form Attachment 9 TUCP SOP Attachment 10 TUCP MOA ATTACHMENT 2 TO EXHIBIT K DBE PROVISIONS SPECIAL PROVISION 000---461 Disadvantaged Business Enterprise in Federal-Aid Construction

Compliance and Enforcement. Section 26.109 Information, Confidentiality, Cooperation and Intimidation or Retaliation TxDOT will not release information that may be reasonably construed as confidential business information to any third party without the written consent of the firm that submitted the information. This includes applications for DBE Certification and supporting documentation. TxDOT will keep the identity of complainants confidential at their election, however complainants will be advised that in some circumstances, failure to waive the privilege will result in the closure of the investigation or proceeding or hearing. Federal Aviation Administration (FAA) follows the procedures of 14 CFR part 16 with respect to confidentiality of information and complaints. All participants in the Department’s DBE Program (including but not limited to, recipients, DBE firms and applicants for DBE certification, complainants and appellants and contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and recipient compliance reviews, certification reviews, investigation and other request for information. Failure to do so shall be a ground for appropriate action against the party involved. If you are a recipient, contractor, or any other participant in the program you must not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. If you violate this prohibition, you are in noncompliance with this part. Records must be retained for a period of 3 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. ATTACHMENTS Attachment 1 DBE Regulations: 49 CFR Part 26 Attachment 2 DBE Special Provision 000461 Attachment 3 OrganizationaI Organizational Chart Attachment 4 Measurement and Payment Special Provision 009-007 Attachment 5 TUCP DBE directory example and website address to the directory Attachment 6 DBE Goal Methodology Attachment 7 DBE Bidder Certification Attachment 8 DBE Joint Check Approval Form Attachment 9 TUCP SOP Attachment 10 TUCP MOA ATTACHMENT 2 TO EXHIBIT K DBE PROVISIONS SPECIAL PROVISION 000---461 Disadvantaged Business Enterprise in Federal-Aid Construction