Common use of DBE Requirements Clause in Contracts

DBE Requirements. 3.1.1 DB Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of (i) the date that is 180 days prior to the Initial Maintenance Term Commencement Date, and (ii) the date of issuance of any subsequent Maintenance NTP, 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 no later than: (a) 110 days prior to the Initial Maintenance Term Commencement Date, and (b) 90 days following issuance of any subsequent 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. 3.1.2 In the event of any change in the DBE program after (i) the date that is 180 days prior to the Initial Maintenance Term Commencement Date, or (ii) the issuance of a Maintenance NTP, as applicable, 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 the 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. 3.1.1 DB 6.1.1 Maintenance Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of (i) the date that on which Maintenance NTP1 is 180 days prior issued by TxDOT and comply with any changes to the Initial Maintenance Term Commencement Date, and (ii) the date of program upon issuance of any subsequent Maintenance NTPNTP2 and Maintenance NTP3, and shall undertake 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. DB Maintenance Contractor shall submit the documentation required under TxDOT’s DBE program no later than: (a) 110 days prior to the Initial Maintenance Term Commencement Date, and (b) within 90 days following issuance of any subsequent the Maintenance NTPNTP1, 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. 3.1.2 6.1.2 In the event of any change in the DBE program after (i) the date that is 180 days prior to the Initial Maintenance Term Commencement Date, or (ii) the of issuance of a Maintenance NTP, as applicable, NTP1 that would materially impact DB Maintenance Contractor’s cost of compliance, as demonstrated by DB Maintenance Contractor to TxDOT’s reasonable satisfaction, TxDOT shall either: (a) adjust the Maintenance Price to reflect the cost increase demonstrated by the DB 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 applicable Maintenance NTPNTP1.

DBE Requirements. ‌ 3.1.1 DB Contractor shall comply with the TxDOT Disadvantaged Business Enterprise (DBE) program in effect as of (i) the date that is 180 days prior to the Initial Maintenance Term Commencement Date, and (ii) the date of issuance of any subsequent Maintenance NTP, 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 no later than: : (a) 110 days prior to the Initial Maintenance Term Commencement Date, and (b) 90 days following issuance of any subsequent 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. 3.1.2 In the event of any change in the DBE program after (i) the date that is 180 days prior to the Initial Maintenance Term Commencement Date, or (ii) the issuance of a Maintenance NTP, as applicable, 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 the 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.