| (a) A HUB shall be graduated from being used to fulfill
HUB procurement utilization goals when it has maintained gross receipts
or total employment levels during four consecutive years which exceed
the SBA size standards set forth in 13 CFR, §121.201 for the
following categories:
(1) heavy construction other than building construction;
(2) building construction, including general contractors
and operative builders;
(3) special trade construction;
(4) medical, financial, and accounting services;
(5) architectural, engineering and surveying services;
(6) other services including legal services;
(7) commodities wholesale; and
(8) commodities manufacturers.
(b) Firms that achieve the size standards identified
in subsection (a) of this section will be assumed to have reached
a competitive status in overcoming the effects of discrimination.
The comptroller shall review, as part of the certification or recertification
process, the financial revenue or relevant data of firms to determine
whether the size standards identified in subsection (a) of this section
have been achieved.
(c) Businesses that have graduated from the HUB program
in accordance with this section, or that have been decertified in
accordance with this division, may not be included in meeting state
agency HUB goals.
(d) The comptroller shall review the SBA size standards
each fiscal year to determine the need to reassess HUB graduation
size standards and make any appropriate changes needed.
(e) A HUB that has graduated pursuant to this section
or does not qualify as a HUB under §20.282(11) and (19) of this
title (relating to Definitions), shall be eligible to reapply for
HUB certification only after demonstrating that they meet the qualifications
for HUB, including the graduation size standards.
(f) If a HUB is mentoring two or more protégé
businesses when it reaches the graduation size standards set forth
in subsection (a) of this section, it may petition the director of
the TPASS division of the comptroller for a one-year extension of
HUB status. The granting of such extension shall be solely at the
discretion of the director.
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