(a) If the department determines that a bidder failed to satisfy the good faith efforts requirements before the execution of the contract, the department will notify the bidder of the failure and will give the bidder an opportunity for administrative reconsideration.
(b) The bidder must request an administrative reconsideration of that determination within 10 days of the date of receipt of the notice provided under subsection (a) of this section.
(c) If a reconsideration request is timely received, the reconsideration decision will be made by the department's DBE liaison officer or, if the DBE liaison officer took part in the original determination that the bidder failed to satisfy the good faith effort requirements, a department employee who holds a senior leadership position of the department and reports directly to the executive director, who did not take part in the original determination, and who is appointed by the executive director to make the reconsideration decision.
(d) The bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the contract goal.
(e) The DBE liaison or other department employee making the reconsideration determination may request a meeting with the bidder to discuss whether the goal commitments were met or whether adequate good faith efforts were made to obtain the commitments to meet the contract goal.
(f) The meeting must be held within 30 days of the date of the request submitted under subsection (b) of this section. If the bidder is unavailable to meet during the 30-day period, the reconsideration decision will be made on the written information provided by the bidder.
(g) The department will provide to the bidder a written decision that explains the basis for finding that the bidder did or did not meet the contract goal or make adequate good faith efforts to meet the contract goal within 30 days of the date of the notice issued in subsection (a) of this section.
(h) The reconsideration decision is final and is not administratively appealed to DOT.

Source Note: The provisions of this §9.228 adopted to be effective September 1, 2012, 37 TexReg 5320