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RULE §9.356HUB Plan

(a) A contract that is estimated to involve more than $100,000 over the life of the contract, including renewals, and that has subcontracting opportunities must include a HUB plan as a condition of contract award. The department may require a HUB plan as a condition of the award of a contract that is estimated to involve not more than $100,000 over the life of the contract, including renewals, if the contract has subcontracting opportunities.

(b) A business that responds to an invitation to bid, request for proposal, or comparable solicitation related to a contract other than building contracts to which this subchapter applies must submit a HUB plan at the same time that the bid, proposal, offer, or other applicable expression of interest is submitted to the department. A response that does not include a HUB plan will be rejected due to material failure to comply with advertised specifications. For building contracts, the HUB plan must be submitted after the conditional contract award as specified in the contract or proposal.

(c) Except as modified by subsection (d) of this section, the HUB plan must include:

  (1) a statement of whether the respondent is a certified HUB;

  (2) a certification that the respondent has made a good faith effort to meet the requirements of this subchapter;

  (3) identification of the subcontractors that will be used during the course of the contract;

  (4) the expected percentage of the work on the contract that will be subcontracted; and

  (5) the approximate dollar amount of the percentage of work subcontracted.

(d) For an engineering, surveying, or architecture contract, the percentage of work that will be subcontracted and the approximate dollar amount of the percentage of work subcontracted required under subsection (c)(4) and (5) of this section cannot be obtained at the time of the contract bid and is not required to be submitted before the execution of the contract.

(e) If the department determines that a submitted HUB plan contains minor deficiencies, such as the failure to sign or date the plan, but contains sufficient information for the department to determine that the plan was developed and submitted in good faith, the department may contact the respondent for clarification of the deficiencies.

Source Note: The provisions of this §9.356 adopted to be effective September 1, 2012, 37 TexReg 5320

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