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excluding national holidays, from receipt of the information outlined in this <br />Special Provision under Section 1.A.3, "Contractor's Responsibilities." If the <br />requirements of Section 1.A.3 are met, the conditional situation will be <br />removed and the contract will be forwarded to the Contractor for execution. <br />2. Definitions. <br />a. "Department" means the Texas Department of Transportation. <br />b. "DOT" means the U.S. Department of Transportation, including the Office of <br />the Secretary, the Federal Highway Administration (FHWA), the Federal <br />Transit Administration (FTA), and the Federal Aviation Administration (FAA). <br />c. "Federal-Aid Contract" is any contract between the Texas Department of <br />Transportation and a Contractor which is paid for in whole or in part with DOT <br />financial assistance. <br />d. "DBE Joint Venture" means an association of a DBE firm and 1 or more other <br />firm(s) to carry out a single business enterprise for profit for which purpose <br />they combine their property, capital, efforts, skills and knowledge, and in <br />which the DBE is responsible for a distinct, clearly defined portion of the work <br />of the contract and whose share in the capital contribution, control, <br />management, risks, and profits of the joint venture are commensurate with its <br />ownership interest. <br />e. "Disadvantaged Business Enterprise" or "DBE" means a firm certified <br />through the Texas Unified Certification Program in accordance with 49 CFR <br />Part 26. <br />f. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement <br />of this Special Provision which, by their scope, intensity, and appropriateness <br />to the objective, can reasonably be expected to fulfill the program requirement. <br />g. "Manufacturer" is a firm that operates or maintains a factory or establishment <br />that produces, on the premises, the materials, supplies, articles, or equipment <br />required under the contract and of the general character described by the <br />specifications." , <br />h. "Regular Dealer" is a firm that owns, operates, or maintains a store, <br />warehouse, or other establishment in which the materials, supplies, articles or <br />equipment of the general character described by the specifications and required <br />under the contract are bought, kept in stock, and regularly sold or leased to the <br />public in the usual course of business. To be a regular dealer, the firm must be <br />an established, regular business that engages in, as its principal business and <br />under its own name, the purchase and sale or lease of the products in question. <br />A regular dealer in such bulk items as steel, cement, gravel, stone, and <br />petroleum products need not keep such products in stock if it owns and <br />operates distribution equipment for the products. Any supplementing of <br />regular dealers own distribution equipment shall be by a long-term lease <br />agreement and not on an ad hoc or contract-by-contract basis. Brokers, <br />2-11 000---461 <br />02-06 <br />