Texas DOT Implements Changes to DBE Program

To meet with the Code of Federal Regulations, 49 CFR §26.52, and the Texas Administrative Code, 43 TAC §9.17 and 9.227, Texas DOT (TxDOT) made significant revisions to the Disadvantaged Business Enterprise commitments requirements as of March 2020 onwards.

It is no longer limited to the lowest bidder for a DBE Utilization Plan (UP) submission. All bidders must submit a UP or provide evidence of their good faith efforts to fulfill the DBE objective within five calendar days of the bid opening, as specified in the CFR, for construction projects funded by the federal government with DBE goals. The deadline shifts to the following business day if the 5th day falls on a holiday or a day when TxDOT offices are closed.

The nature of work provided and the entire amounts mentioned must be verified by all DBE suppliers, haulers, and subcontractors specified on a bidder's UP. Actual DBE participation will depend on the approval of the UP or good faith efforts documented by the Civil Rights Division and then award the contract to the chosen bidder.

A prime contractor who is also a DBE won't have to file a UP.

FY 2023 Letting Dates and UP due dates:

Letting dates	Utilization Plan (UP) due
Wed, 02/01/23	Mon, 02/06/23
Tue, 03/07/23	Mon, 03/13/23
Wed, 03/08/23	Mon, 03/13/23
Tue, 04/04/23	Mon, 04/10/23
Wed, 04/05/23	Mon, 04/10/23
Tues, 06/27/23	Mon, 07/03/23
Weds, 06/28/23	Mon, 07/03/23
Wed, 08/02/23	Mon, 08/07/23
Wed, 09/07/22	Mon, 09/12/22
Wed, 11/02/22	Mon, 11/07/22
Thu, 01/05/23	Tue, 01/10/23
Thu, 02/02/23	Tue, 02/07/23
Thu, 05/04/23	Tue, 05/09/23
Thu, 06/01/23	Tue, 06/06/23
Thu, 08/03/23	Tue, 08/08/23
Thu, 09/08/22	Tue, 09/13/22
Thu, 10/06/22	Tue, 10/11/22
Thu, 11/03/22	Tue, 11/08/22
Thu, 12/01/22	Tue, 12/06/22