Common use of Historically Underutilized Business Subcontracting Plan Clause in Contracts

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.