| (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.
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