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be given an opportunity for reconsideration by the Director of the BOP <br />Office. <br />d. Should the bidder to whom the contract is conditionally awarded refuse, <br />neglect or fail to meet the DBE goal or comply with good faith effort <br />requirements, the proposal guaranty filed with the bid shall become the <br />property of the state, not as a penalty, but as liquidated damages to the <br />Department. <br />e. The preceding information shall be submitted directly to the Business <br />Opportunity Programs Office, Texas Department of Transportation, 125 E. <br />11th Street, Austin, Texas 78701-2483. <br />f. The Contractor shall not terminate for convenience a DBE subcontractor <br />named in the commitment submitted under Section 1.A.3.a. of this Special <br />Provision. Prior to terminating or removing a DBE subcontractor named in the <br />commitment, the Contractor must have a written consent of the Department. <br />g. The Contractor shall also make a good faith effort to replace a DBE <br />subcontractor that is unable to perform successfully with another DBE, to the <br />extent needed to meet the contract goal. The Contractor shall submit a <br />completed Form No.4901, "DBE Commitment Agreement," for the substitute <br />DBE firm(s). Any substitution of DBEs shall be subject to approval by the <br />Department. Prior to approving the substitution, the Department will request a <br />statement from the DBE concerning it being replaced. <br />h. The Contractor shall designate a DBE liaison officer who will administer the <br />Contractor's DBE program and who will be responsible for maintenance of <br />records of efforts and contacts made to subcontract with DBEs. <br />i. Contractors are encouraged to investigate the services offered by banks owned <br />and controlled by disadvantaged individuals and to make use of these banks <br />where feasible. <br />4. Eligibility of DBEs. <br />The member entities of the TUCP certify the eligibility of DBEs and DBE <br />joint ventures to perform DBE subcontract work on DOT financially assisted <br />contracts. <br />b. The Department maintains the Texas Unified Certification Program DBE <br />Directory containing the names of firms that have been certified to be eligible <br />to participate as DBE's on DOT financially assisted contracts. This Directory <br />is available from the Department's BOP Office. An update of the Directory <br />can be found on the Internet at <br />http://www.dot.state.tx.us/business/tucpinfo.htm. <br />c. Only DBE firms certified at the time commitments are submitted are eligible <br />to be used in the information furnished by the Contractor as required under <br />Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, <br />5-11 000---461 <br />02-06 <br />.~,n,~e.~.µ'~h'Y~ <br />