| (a) In accordance with §20.281 of this title (relating
to Policy and Purpose) and Government Code, §2161.181 and §2161.182,
each state agency shall make a good faith effort to utilize HUBs in
contracts for construction, services (including professional and consulting
services) and commodities purchases. Each state agency may achieve
the statewide and/or state agency-specific annual HUB goals specified
in the state agency's Legislative Appropriations Request by contracting
directly with HUBs or indirectly through subcontracting opportunities.
(b) The statewide HUB goals for the procurement categories
for the State of Texas are:
(1) 11.2% for heavy construction other than building
contracts;
(2) 21.1% for all building construction, including
general contractors and operative builders contracts;
(3) 32.9% for all special trade construction contracts;
(4) 23.7% for professional services contracts;
(5) 26.0% for all other services contracts; and
(6) 21.1% for commodities contracts.
(c) State agencies shall establish their own state
agency-specific HUB goals for each procurement category outlined in
subsection (b) of this section. Agencies can set their state agency-specific
HUB goals higher or lower than the goals set out in subsection (b)
of this section; however, at a minimum, the statewide HUB goals should
be each state agency's starting point for establishing state agency-specific
goals. State agency-specific goals should be based on:
(1) a state agency's fiscal year expenditures and totals
contract expenditure;
(2) the availability to a state agency of HUBs in each
procurement category;
(3) the state agency's historic utilization of HUBs;
and
(4) other relevant factors.
(d) Each state agency shall make a good faith effort
to assist HUBs in receiving a portion of the total contract value
of all contracts that the state agency expects to award in a fiscal
year. Factors in determining a state agency's good faith shall include:
(1) the state agency's performance in meeting or exceeding
their state agency-specific HUB goals or the statewide HUB goals as
they included as part of their legislative appropriations request
in accordance with Government Code, §2161.127; and
(2) the state agency's adoption and implementation
of procedures taking the following factors into consideration:
(A) prepare and distribute information on procurement
procedures in a manner that encourages participation in state contracts
by all businesses;
(B) divide proposed requisitions into reasonable lots
in keeping with industry standards and competitive bid requirements;
(C) where feasible, assess bond and insurance requirements
and design requirements that reasonably permit more than one business
to perform the work;
(D) specify reasonable, realistic delivery schedules
consistent with a state agency's actual requirements;
(E) ensure that specifications, terms, and conditions
reflect a state agency's actual requirements, are clearly stated,
and do not impose unreasonable or unnecessary contract requirements;
(F) provide potential bidders with referenced list
of certified HUBs for subcontracting;
(G) develop and apply a written methodology to determine
whether any state agency-specific HUB goals are appropriate under
the Disparity Study, as some HUB groups have not been underutilized
within applicable contracting categories and should not be included
in the HUB goals for that category, or whether the statewide goals
from the Disparity Study are appropriate for the state agency, and
taking into account the provisions of Government Code, §2161.002(d);
(H) identify potential subcontracting opportunities
in all contracts and require a HUB subcontracting plan for contracts
of $100,000 or more over the life of the contract (including any renewals),
where such opportunities exist, in accordance with Government Code, §2161.251;
and
(I) seek HUB subcontracting in contracts that are less
than $100,000 whenever possible.
(e) A state agency may also demonstrate good faith
under this section by submitting a supplemental letter with documentation
to the comptroller with their HUB report or legislative appropriations
request identifying the progress, including, but not limited to the
following, as prescribed by the comptroller:
(1) identifying the percentage of contracts (prime
and subcontracts) awarded to businesses that are not certified as
HUBs, but that are owned by persons that are members of groups identified
in §20.282(19)(C) of this title (relating to Definitions);
(2) demonstrating that a different goal from that identified
in subsection (b) of this section was appropriate given the state
agency's types of purchases;
(3) demonstrating that a different goal was appropriate
given the particular qualifications required by a state agency for
its contracts;
(4) demonstrating that a different goal was appropriate
given that graduated HUBs cannot be counted toward the goal; or
(5) demonstrating assistance to noncertified HUBs in
obtaining certification with the comptroller.
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