| (g) Progress assessment reports. The contractor shall
submit a progress assessment report to the state agency with each
invoice, in the format required by the comptroller. A state agency
may, at its option, allow electronic submissions of the compliance
report required by this subsection so long as the electronically-submitted
compliance reports are in the format and contain all information required
by the comptroller. The progress assessment report shall be a condition
for payment.
(h) Monitoring HUB subcontracting plan compliance.
(1) During the term of the contract, the state agency
shall monitor the contractor's subcontracting by reviewing each HUB
progress assessment report to determine whether it complies with the
HUB subcontracting plan. The state agency shall perform monitoring
at intervals corresponding to invoice submissions. The state agency
shall determine if the value of the payments to HUBs meets or exceeds
the HUB subcontracting plan, and whether the contractor is utilizing
only subcontractors named in the HUB subcontracting plan. The state
agency shall document the contractor's performance in the contract
file.
(2) To determine if the contractor is complying with
the HUB subcontracting plan, the state agency may consider the following:
(A) whether the contractor gave timely notice to the
subcontractor regarding the time and place of the subcontracted work;
(B) whether the contractor facilitated access to the
resources needed to complete the work; and
(C) any other information the state agency considers
relevant.
(3) If the contractor fails to comply with the HUB
subcontracting plan, the state agency shall notify the contractor
of the deficiencies and give the contractor an opportunity to submit
documentation and explain why its failure to fulfill the HUB subcontracting
plan should not be attributed to a lack of good faith effort by the
contractor. Any deficiencies identified by the state agency must be
rectified by the contractor prior to the next reporting period.
(4) The state agency shall report failure to comply
with the HUB subcontracting plan to the comptroller in accordance
with §20.509 of this title (relating to Vendor Performance Reporting).
If the state agency determines that the contractor failed to implement
the HUB subcontracting plan in good faith, the state agency may, in
addition to any other remedies, bar the contractor from further contracting
opportunities with the agency. The state agency may also report nonperformance
to the comptroller for consideration for possible debarment pursuant
to Government Code, §2155.077. A debarment for failure to implement
the HUB subcontracting plan may be for a period of no more than five
years.
(i) Amending the HUB subcontracting plan.
(1) Before the contractor performs or subcontracts
any part of the contract in a manner that is not consistent with its
HUB subcontracting plan, it shall submit an amended HUB subcontracting
plan to the state agency for its review and approval. The contractor
shall demonstrate good faith by complying with the requirements of
subsection (d) of this section in the development of the amended HUB
subcontracting plan. Failure to comply with this section may be deemed
a breach of the contract subject to any remedies provided by Government
Code, Chapter 2161 and other applicable law.
(2) The state agency may approve requested changes
to the HUB subcontracting plan by amending the contract. The reasons
for amending the HUB subcontracting plan shall be recorded in the
contract file.
(3) If a state agency expands the scope of work through
a change order or contract amendment, including a renewal that expands
the scope of work, it shall determine if the additional scope of work
contains additional probable subcontracting opportunities. If the
state agency determines probable subcontracting opportunities exist,
the state agency shall require the contractor to submit for its review
and approval an amended HUB subcontracting plan for the additional
probable subcontracting opportunities. The contractor shall demonstrate
good faith by complying with the requirements of subsection (d) of
this section in the development of the amended HUB subcontracting
plan.
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