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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20STATEWIDE PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER DSOCIO-ECONOMIC PROGRAM
DIVISION 1HISTORICALLY UNDERUTILIZED BUSINESSES
RULE §20.287State Agency Reporting Requirements

(a) State agencies will report to the comptroller, not later than March 15 of each year regarding the previous six-month period and on September 15 of each year regarding the preceding fiscal year, the payments made for the purchase of goods and services awarded and actually paid from non-treasury funds by the state agency. The report shall include information requested by the comptroller and shall be in a form prescribed by the comptroller. State agencies' purchases from state term contracts/group purchases which are paid from non-treasury funds must be identified on the report as such so that they may be reflected on the comptroller's report of its own purchases.

(b) State agencies shall maintain, and compile monthly, information relating to the state agency's and each of its operating division's use of HUBs, including information regarding subcontractors and suppliers. This information shall include but is not limited to the information required in this section. On a monthly basis, state agencies shall require their prime contractor to report to the state agency the identity and amount paid to each HUB and non-HUB subcontractor to whom the prime contractor has awarded a subcontract for the purchase of supplies, materials and equipment. Prime contractors shall report to the applicable state agency the progress payments made to subcontractors and suppliers each month in which such payment is made.

(c) State agencies will report to the comptroller, not later than March 15 of each year regarding the previous six-month period and on September 15 of each year regarding the preceding fiscal year, the total dollar amount of HUB and non-HUB contracting and subcontracting participation in all of the agencies' contracts for the purchase of goods, services and public works payments. State agencies must include contracting and subcontracting participation paid from treasury and non-treasury funds.

(d) State agencies that participate in a group purchasing program under Government Code, §2155.134 shall include a separate report to the comptroller, not later than March 15 of each year regarding the previous six-month period and September 15 of each year regarding the preceding fiscal year, of purchases that are made through the group purchasing program and shall report the dollar amount of each purchase that is allocated to the reporting state agency.

(e) The comptroller shall prepare a consolidated report based on a compilation and analysis of the reports submitted by each state agency and other information available to the comptroller. These reports of HUB purchasing and contracts shall form a record of each state agency's purchases in which the state agency selected the contractor. If the contractor was selected by the comptroller as part of its state term contract program, the purchase will be reflected on the comptroller's report of its own purchases. The comptroller report will contain the following information:

  (1) the total dollar amount of payments made by each state agency;

  (2) the total number of HUBs actually paid by each state agency;

  (3) the total number of contracts awarded to HUBs by each state agency;

  (4) the number of bids received from HUBs by each state agency; and

  (5) the graduation rates of HUBs as defined in §20.294 of this title (relating to Graduation Procedures) for the groups identified in §20.282 (19)(C) of this title (relating to Definitions) and certified by the comptroller.

(f) On May 15 of each year, the comptroller shall submit the consolidated report regarding the previous six-month period and on November 15 of each year regarding the preceding fiscal year to the presiding officer of each house of the legislature, the members of the legislature and the joint select committee.

(g) State agencies will receive HUB credit for the total payments awarded directly to certified prime and subcontract HUBs under the Vendor Identification Number in the comptroller's HUB Directory. When the prime contractor is a HUB, it must perform at least 25% of the total value of the contract with its own or leased employees, as defined by the Internal Revenue Service, in order for the state agency to receive 100% HUB credit for the entire contract. A prime that is a HUB may subcontract up to 75% of the contract with HUBs or non-HUB subcontractors. If a prime HUB contractor's HUB subcontracting plan identifies that it is planning to perform less than 25% of the total value of contract with its employees, the state agency will receive HUB credit for the value of the contract that was actually performed by the prime HUB contractor and its HUB subcontractors. To obtain HUB credit, the state agency must report its HUB subcontracting expenditures to the comptroller in accordance with subsection (c) of this section.

(h) Any prime HUB contractor that seeks to satisfy the good faith effort requirement shall report to the state agency the identity and amount paid to each HUB each month in which such payment is made. The report will include the volume of work performed under the contract, the portion of the work that was performed with its employees, non-HUB contractors and other HUB contractors. The state agency may request payment documentation in accordance with subsection (b) of this section and the HUB subcontracting plan that confirms the performance of the contractor. The state agency shall discuss the performance of the contractor and document the contractor's performance in the contract file. Any deficiencies will be identified by the state agency and must be rectified prior to the next reporting period by the contractor.


Source Note: The provisions of this §20.287 adopted to be effective January 24, 2017, 42 TexReg 235

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