(a) The department will consult with contractors; contract consultants; DBEs', minority, women's, and general contractor groups; community organizations; and other officials or organizations that have information concerning:
  (1) the availability of disadvantaged and non-disadvantaged businesses;
  (2) the effects of discrimination on opportunities for DBEs; and
  (3) the department's efforts to establish a level playing field for the participation of DBEs.
(b) The department will set proposed overall annual goals for the following three federal fiscal years based on evidence obtained by the department.
(c) For FHWA-assisted contracts, an overall goal will be expressed as a percentage of all Federal-aid highway funds that the department will spend on those contracts in the fiscal year for which is it effective.
(d) For FTA-assisted or FAA-assisted contracts, an overall goal will be expressed as a percentage of all FTA funds, other than those to be used for the purchase of transit vehicles, or FAA funds that the department will spend in FTA-assisted or FAA-assisted contracts, respectively, in the fiscal year for which it is effective, unless the FTA or FAA Administrator permits the overall goal to be expressed as a percentage of funds for a particular grant or project or group of grants or projects.

Source Note: The provisions of this §9.214 adopted to be effective September 1, 2012, 37 TexReg 5320