| (a) If a respondent or contractor is not subcontracting
any portion of the contract, is unable to obtain HUB participation,
or is unable to meet the assigned goal for a contract, the respondent
or contractor must describe in writing the actions that it has taken
to obtain HUB participation in accordance with applicable contract
requirements. The actions that will be considered to establish good
faith effort include:
(1) dividing the contract work into reasonable portions
in accordance with standard industry practices;
(2) providing written justification of the selection
process if no HUB subcontractors are selected;
(3) providing notice to minority or women trade organizations
or development centers not later than the seventh working day before
submission of the response described by §9.356(b) of this subchapter
(relating to HUB Plan) unless the department determines that circumstances
require a different period;
(4) negotiating in good faith with qualified HUBs and
not rejecting qualified HUBs that were also the best value responsive
bidder; and
(5) participating in a mentor protégé
program under Government Code, §2161.065, and identifying the
areas of the subcontracting plan to be performed by the protégé
under the HUB plan.
(b) In addition to the description of actions listed
under subsection (a) of this section, the respondent or contractor
may provide documentation to establish one or more of the following:
(1) that notice was provided to three or more qualified
HUBs not later than the seventh working day before submission of the
response described by §9.356(b) of this subchapter for HUBs to
participate effectively, unless the department determines that circumstances
that are documented in the respondent's or contractor's files require
a shorter period;
(2) that 100 percent of all available subcontracting
opportunities will be performed by one or more HUBS; or
(3) that one or more HUB subcontractors will be used
and that the total value of those subcontracts will meet or exceed
the higher of the statewide or department goal for the appropriate
category.
(c) The department will consider the submitted description
of actions taken under subsection (a) of this section and documentation
submitted under subsection (b) of this section in determining whether
a respondent or contractor has made good faith efforts to obtain HUB
participation.
(d) If the respondent or contractor is able to fulfill
all of the identified subcontracting opportunities with its own equipment,
supplies, materials, or employees, the respondent or contractor must
provide a signed affidavit explaining how the contractor intends to
fulfill each subcontracting opportunity. To verify the affidavit,
the department may require:
(1) evidence of existing staffing to meet contract
obligations;
(2) monthly payroll records showing that the respondent's
or contractor's staff is fully engaged;
(3) on-site reviews of the respondent's or contractor's
headquarters or work site where services will be performed; and
(4) documentation showing employment of personnel with
necessary licenses and certifications to perform the contract work.
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