| (a) In accordance with §20.281 of this title (relating
to Policy and Purpose) and Government Code, §2161.181 and §2161.182,
each state agency shall make a good faith effort to utilize HUBs in
contracts for construction, services (including professional and consulting
services) and commodities purchases. Each state agency may achieve
the statewide and the annual HUB utilization goals specified in the
state agency's Legislative Appropriations Request by contracting directly
with HUBs or indirectly through subcontracting opportunities.
(b) The statewide HUB utilization goals are:
(1) 11.2% for heavy construction other than building
contracts;
(2) 21.1% for all building construction, including
general contractors and operative builders contracts;
(3) 32.9% for all special trade construction contracts;
(4) 23.7% for professional services contracts;
(5) 26.0% for all other services contracts; and
(6) 21.1% for commodities contracts.
(c) State agencies shall establish HUB utilization
goals for each procurement category identified in subsection (b) of
this section. Agencies may set their HUB utilization goals higher
or lower than the statewide utilization goals. However, the statewide
HUB utilization goals shall be the starting point for establishing
state agency-specific goals. State agency-specific HUB utilization
goals shall be based on:
(1) a state agency's fiscal year expenditures and total
contract expenditures;
(2) the availability to a state agency of HUBs in each
procurement category;
(3) the state agency's historic utilization of HUBs;
and
(4) other relevant factors.
(d) Each state agency shall make a good faith effort
to assist HUBs in receiving a portion of the total value of all contracts
that the state agency expects to award in a fiscal year. Factors in
determining a state agency's good faith shall include:
(1) the state agency's performance in meeting or exceeding
their HUB utilization goals or the statewide HUB utilization goals
as they included as part of their legislative appropriations request
in accordance with Government Code, §2161.127; and
(2) the state agency's adoption and implementation
of the following procedures:
(A) prepare and distribute information on procurement
procedures in a manner that encourages participation in state contracts
by all businesses;
(B) divide proposed requisitions into reasonable lots
in keeping with industry standards and competitive bid requirements;
(C) where feasible, assess bond and insurance requirements
and design requirements that reasonably permit more than one business
to perform the work;
(D) specify reasonable, realistic delivery schedules
consistent with a state agency's actual requirements;
(E) ensure that specifications, terms, and conditions
reflect a state agency's actual requirements, are clearly stated,
and do not impose unreasonable or unnecessary contract requirements;
(F) provide potential bidders with referenced list
of certified HUBs for subcontracting;
(G) develop and apply a written methodology to determine
whether their HUB utilization goals are appropriate under the Disparity
Study, or whether the statewide HUB utilization goals from the Disparity
Study are appropriate for the state agency, and taking into account
the provisions of Government Code, §2161.002(d);
(H) identify potential subcontracting opportunities
in all contracts and require a HUB subcontracting plan for contracts
of $100,000 or more over the life of the contract (including any renewals),
where such opportunities exist, in accordance with Government Code, §2161.251;
(I) seek HUB subcontracting in contracts that are less
than $100,000 whenever possible;
(J) provide, at a state agency's option, courtesy reviews
of respondents' HUB subcontracting plans required to be submitted
with responses pursuant to Government Code, §2161.252; and
(K) provide, at a state agency's option, HUB-subcontracting-plan-compliance
training to potential respondents during pre-bid, pre-offer, and pre-proposal
conferences, or at agency HUB forums.
(e) A state agency may also demonstrate good faith
under this section by submitting a supplemental letter with documentation
to the comptroller with their HUB report or legislative appropriations
request including other relevant information, such as:
(1) identifying the percentage of contracts (prime
and subcontracts) awarded to businesses that are not HUBs, but that
are owned by economically disadvantaged persons as defined in Government
Code, §2161.001;
(2) demonstrating that a different goal from that identified
in subsection (b) of this section was appropriate given the state
agency's types of purchases;
(3) demonstrating that a different goal was appropriate
given the particular qualifications required by a state agency for
its contracts;
(4) demonstrating that a different goal was appropriate
given that graduated HUBs cannot be counted toward the goal; or
(5) demonstrating assistance to business entities in
obtaining HUB certification.
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