(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.

Source Note: The provisions of this §9.359 adopted to be effective September 1, 2012, 37 TexReg 5320