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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 101ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER BHISTORICALLY UNDERUTILIZED BUSINESSES
RULE §101.205Definitions

The following words and terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise:

  (1) DARS--The Texas Department of Assistive and Rehabilitative Services.

  (2) Economically Disadvantaged Person--An eligible HUB owner as defined in 34 TAC §20.11 (relating to Definitions) whose business has not exceeded the graduation size standards established by 34 TAC §20.23 (relating to Graduation Procedures).

  (3) Good-Faith Effort (GFE)--A procurement effort in which prime contractors take certain steps to promote inclusion of HUBs in contracts with an expected value of $100,000 or more as defined in 34 TAC §20.13 (relating to Statewide Annual HUB Utilization Goals) and §20.14 (relating to Subcontracts). When applied to agency GFE, the state auditor considers whether the agency has adopted rules under §2161.003, Government Code; has used the Texas Comptroller of Public Accounts, Texas Procurement and Support Services directory and other resources to identify HUBs that are able to contract with the agency; has made good-faith, timely efforts to contact identified HUBs regarding contracting opportunities; has conducted its procurement program in accordance with the good-faith methods set out in the comptroller's rules; and has established agency specific goals for contracting with HUBs in each procurement category based on scheduled fiscal year expenditures, the availability of HUBs in each category, the agency's historic utilization of HUBs, and other relevant factors as determined by rules adopted under §2161.002, Government Code.

  (4) Historically Underutilized Business (HUB)--A business entity as defined in 34 TAC §20.11 that is certified by the State of Texas and has not exceeded the size standards established by 34 TAC §20.23 with its principal place of business in Texas.

  (5) HUB Subcontracting Plan (HSP)--a written plan regarding the use of subcontractors that must be submitted with all responses to agency contracts with an expected value of $100,000 or more where subcontracting opportunities have been determined by the agency to be probable as defined in 34 TAC §20.13 and §20.14.


Source Note: The provisions of this §101.205 adopted to be effective March 12, 2012, 37 TexReg 1706

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