Historically Underutilized Business Subcontracting Plan Clause Samples

The Historically Underutilized Business Subcontracting Plan clause requires contractors to outline how they will provide subcontracting opportunities to businesses that are classified as historically underutilized, such as small disadvantaged, women-owned, or minority-owned enterprises. In practice, this clause obligates the primary contractor to submit a detailed plan specifying percentage goals, types of work to be subcontracted, and procedures for ensuring fair consideration of these businesses. Its core function is to promote diversity and equal opportunity in federal contracting by ensuring that underrepresented businesses have meaningful access to subcontracting opportunities.
Historically Underutilized Business Subcontracting Plan. Contractor agrees to use good faith efforts to subcontract Work in accordance with the Historically Underutilized Business Subcontracting Plan (HSP) (ref. Exhibit D). Contractor agrees to maintain business records documenting its compliance with the HSP and to submit a monthly compliance report to University in the format required by the Statewide Procurement and Statewide Support Services Division of the Texas Comptroller of Public Accounts or successor entity (collectively, SPSS). Submission of compliance reports will be required as a condition for payment under this Agreement. If University determines that Contractor has failed to subcontract as set out in the HSP, University will notify Contractor of any deficiencies and give Contractor an opportunity to submit documentation and explain why the failure to comply with the HSP should not be attributed to a lack of good faith effort by Contractor. If University determines that Contractor failed to implement the HSP in good faith, University, in addition to any other remedies, may report nonperformance to the SPSS in accordance with 34 TAC §§20.285(g)(5), 20.585 and 20.586. University may also revoke this Agreement for breach and make a claim against Contractor.
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Historically Underutilized Business Subcontracting Plan. Contractor will use good faith efforts to subcontract work performed under this Agreement in accordance with the Historically Underutilized Business Subcontracting Plan (HSP) (ref. Exhibit D). Except as specifically provided in the HSP, Contractor will not subcontract any of its duties or obligations under this Agreement, in whole or in part. This Agreement is subject to 34 TAC §20.285. Contractor will comply with all of its duties and obligations under 34 TAC §20.285. In addition to other rights and remedies, University may exercise all rights and remedies authorized by 34 TAC §20.285.
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Historically Underutilized Business Subcontracting Plan. Contractor will comply with and use good faith efforts to subcontract Work performed under this Agreement in accordance with the Historically Underutilized Business Subcontracting Plan (HSP) (ref.
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Historically Underutilized Business Subcontracting Plan. Contractor agrees to comply with and to use good faith efforts to subcontract Work in accordance with the Historically Underutilized Business Subcontracting Plan (HSP) (ref. Exhibit E). Contractor will maintain records documenting its compliance with the HSP and submit a progress assessment report (PAR) to University in the format required by the Texas Comptroller of Public Accounts or successor entity (collectively, Texas Comptroller). Submission of a PAR will be required as a condition for any payments by University under this Agreement. If University’s HUB Office/Department determines that Contractor has failed to comply with the HSP, University will notify Contractor of the deficiencies and give Contractor an opportunity to submit documentation and explain why its failure to comply with the HSP should not be attributed to a lack of good faith effort by Contractor. Any deficiencies identified by the University must be rectified by the Contractor prior to the next reporting period. If University’s HUB Office/Department determines that Contractor failed to implement the HSP in good faith, University, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with Texas law, including 34 TAC §§20.285(h)(4), 20.585 and 20.586. University may also terminate this Agreement for default and make a claim against Contractor.
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Historically Underutilized Business Subcontracting Plan. [Option (Include if the value of this Agreement is expected to equal or exceed $100,000 or if University has requested a HUB Subcontracting Plan.): Contractor agrees to comply with and to use good faith efforts to subcontract Work in accordance with the Historically Underutilized Business Subcontracting Plan (HSP) (ref. Exhibit E). Contractor will maintain records documenting its compliance with the HSP and submit a progress assessment report (PAR) to University in the format required by the Texas Comptroller of Public Accounts or successor entity (collectively, Texas Comptroller). Submission of a PAR will be required as a condition for any payments by University under this Agreement. If University’s HUB Office/Department determines that Contractor has failed to comply with the HSP, University will notify Contractor of the deficiencies and give Contractor an opportunity to submit documentation and explain why its failure to comply with the HSP should not be attributed to a lack of good faith effort by Contractor. Any deficiencies identified by the University must be rectified by the Contractor prior to the next reporting period. If University’s HUB Office/Department determines that Contractor failed to implement the HSP in good faith, University, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with Texas law, including 34 TAC §§20.285(h)(4), 20.585 and 20.586. University may also terminate this Agreement for default and make a claim against Contractor.
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Historically Underutilized Business Subcontracting Plan. Contractor shall subcontract the Services to historically underutilized businesses (“HUB(s)”) in accordance with Contractor’s HUB Subcontracting Plan (“HSP”) set forth in Exhibit D entitled “HUB Subcontracting Plan,” attached and incorporated for all purposes. In accordance with the HSP, Contractor shall submit to University information necessary to assure that Contractor is adhering to the HSP. University may conduct audits to assure that Contractor’s is adhering to the HSP. No changes to the HSP may be made unless approved in writing by University. Except as specifically provided in the HSP, Contractor shall not subcontract any of its duties or obligations under this Agreement, in whole or in part. This Agreement is subject to 34 Texas Administrative Code (“TAC”) Section 20.14. Contractor shall comply with all of its duties and obligations under 34 TAC Section 20.14. In addition to other rights and remedies, University may exercise all rights and remedies authorized by 34 TAC Section 20.14.
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