(a) Each bidder must submit to the department within the period provided by §9.17(i) of this chapter (relating to Award of Contract):
  (1) the names and addresses of each subcontractor, identifying DBEs that will participate in the contract;
  (2) a description of the work that each DBE will perform;
  (3) the dollar amount of the participation of each DBE;
  (4) written documentation of the bidder's commitment to use each DBE subcontractor whose participation the bidder submits to meet a contract goal; and
  (5) written confirmation from each DBE that it is participating in the contract as provided in the bidder's commitment.
(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) sufficient DBE participation has been obtained to meet the contract goal; or
  (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.
(c) In addition to the information required under subsection (a) of this section, if the contract goal is not met by DBE commitments, the bidder must submit to the department, within the period provided by §9.17(i) of this chapter, evidence of the bidder's good faith efforts to obtain DBE participation to meet the contract goal.
(d) If the apparent successful bidder fails to obtain the commitments to meet the DBE contract goal and fails to comply with good faith efforts requirements described by subsection (b) of this section, 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; amended to be effective January 4, 2017, 41 TexReg 10663; amended to be effective February 19, 2020, 45 TexReg 1043