(a) The department must approve any changes to the
HUB plan. Amendments to the contract or other written approval of
the contract change must be recorded in the procurement file.
(b) If the original scope of work is expanded through
a change order or contract amendment, the department will determine
whether any additional opportunities exist for HUB participation and
will require submission of a revised HUB plan for additional opportunities.
(c) The contractor may not implement a change in the
HUB plan before the change is approved by the department.
(d) The department will monitor the HUB plan monthly
to determine compliance with the plan. If the contractor fails to
fulfill the plan, the contractor, within 30 days after the date that
the contract is completed or terminated must explain to the department
why the failure should not be attributed to a lack of good faith.
(e) To determine that the contractor is complying with
the HUB plan, the agency may consider:
(1) whether the contractor gave timely notice to the
subcontractor regarding the time and place of the subcontracted work;
(2) whether the contractor facilitated access to the
resources needed to complete the work; or
(3) whether the contractor complied with the approved
HUB subcontracting plan.
(f) If the department determines that the contractor
did not implement the HUB plan in good faith, the department will
report the nonperformance to the comptroller in the manner described
by 34 TAC §§20.101 - 20.108 (relating to Procurement) and
may revoke the contract for breach of contract and make a claim against
the contractor.
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