1. (a) Before the execution of a contract, the apparent successful bidder must submit to the department:

   1. (1) the names and addresses of each subcontractor, identifying DBEs that will participate in the contract;
   2. (2) a description of the work that each DBE will perform;
   3. (3) the dollar amount of the participation of each DBE;
   4. (4) written documentation of the bidder's commitment to use each DBE subcontractor whose participation the bidder submits to meet a contract goal;
   5. (5) written confirmation from each DBE that it is participating in the contract as provided in the bidder's commitment; and
   6. (6) if the contract goal is not met by DBE commitments, evidence of the bidder's good faith efforts to obtain DBE participation to meet the contract goal.

2. (b) Each bidder shall document the bidder's good faith efforts to obtain commitment to meet the contract goal. Good faith efforts are shown if the bidder documents that:

   1. (1) sufficient DBE participation has been obtained to meet the contract goal; or
   2. (2) the bidder took the types of action that may be considered as good faith efforts as referenced in 49 C.F.R. Part 26, Appendix A, to obtain the commitments to meet the contract goal even though the bidder did not succeed in obtaining sufficient DBE participation to meet the contract goal.
3. (c) If the bidder to whom the contract is conditionally awarded refuses, neglects, or fails to obtain the commitments to meet the DBE goal or to comply with good faith efforts requirements, the proposal guaranty filed with the bid is forfeited to the department.

Source Note:The provisions of this §9.227 adopted to be effective September 1, 2012, 37 TexReg 5320.