(a) Every third year the department will set overall annual goals for DBE participation in DOT-assisted contracts for the following three federal fiscal years. The department may adjust an overall annual goal during the three-year period if circumstances warrant such an adjustment.
(b) An overall goal will be based on demonstrable evidence of the availability of ready, willing, and able DBEs relative to all businesses that are ready, willing, and able to participate on the department's DOT assisted contracts and reflect the level of DBE participation that the department would expect absent the effects of discrimination.
(c) An overall goal will provide for participation by all certified DBEs and will not be subdivided into group-specific goals.

Source Note: The provisions of this §9.213 adopted to be effective September 1, 2012, 37 TexReg 5320