| (a) Non-treasury funds. State agencies will report
to the comptroller, not later than March 15 of each year regarding
the previous six-month period and on September 15 of each year regarding
the preceding fiscal year, the payments made for the purchase of goods
and services awarded and actually paid from non-treasury funds by
the state agency. The report shall include information requested by
the comptroller and shall be in a form prescribed by the comptroller.
State agencies' purchases from state term contracts or group purchases
which are paid from non-treasury funds must be identified on the report
as such so that they may be reflected on the comptroller's report
of its own purchases.
(b) Monthly information. State agencies shall maintain
and compile monthly information relating to the use of HUBs by the
agency and each of their operating divisions, including information
regarding subcontractors and suppliers.
(c) Spending totals. State agencies will report to
the comptroller, not later than March 15 of each year regarding the
previous six-month period and on September 15 of each year regarding
the preceding fiscal year, the total dollar amount of HUB and non-HUB
contracting and subcontracting participation in all of the agencies'
contracts for the purchase of goods, services and public works. State
agencies must include contracting and subcontracting participation
paid from treasury and non-treasury funds.
(d) Group purchasing report. State agencies that participate
in a group purchasing program under Government Code, §2155.144
shall submit a separate report to the comptroller, not later than
March 15 of each year regarding the previous six-month period and
September 15 of each year regarding the preceding fiscal year, of
purchases that are made through the group purchasing program and shall
report the dollar amount of each purchase that is allocated to the
reporting state agency.
(e) Consolidated report. The comptroller shall prepare
a consolidated report based on a compilation and analysis of the reports
submitted by each state agency and other information available to
the comptroller. These reports of HUB purchasing and contracts shall
form a record of each state agency's purchases in which the state
agency selected the contractor. If the contractor was selected by
the comptroller as part of its state term contract program, the purchase
will be reflected on the comptroller's report of its own purchases.
The comptroller report will contain the following information:
(1) the total dollar amount of payments made by each
state agency;
(2) the total number of HUBs paid by each state agency;
(3) the total number of contracts awarded to HUBs by
each state agency;
(4) the number of responses received from HUBs by each
state agency; and
(5) the graduation rate of HUBs as defined in §20.294
of this title (relating to Graduation Procedures).
(f) Report to legislature. On May 15 of each year,
the comptroller shall submit the consolidated report regarding the
previous six-month period and on November 15 of each year regarding
the preceding fiscal year to the presiding officer of each house of
the legislature, the members of the legislature and the joint select
committee.
(g) Determination of HUB expenditures. State agencies
shall report as HUB expenditures the total payments made directly
to certified prime and subcontractor HUBs under the Vendor Identification
Number in the comptroller's HUB directory as follows:
(1) A state agency shall report as HUB expenditures
payments made to prime and subcontractor HUBs who were certified for
at least one day during the reporting period.
(2) When the prime contractor is a HUB, it must perform
at least 25% of the total value of the contract with its own or leased
employees, as defined by the Internal Revenue Service, in order for
the state agency to report all payments to the prime contractor for
the contract as HUB expenditures. If a HUB prime contractor performs
less than 25% of the total value of contract with its employees or
leased employees, the state agency shall only report as HUB expenditures
the value of the contract that was actually performed by the contractor
and its HUB subcontractors.
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