HUB Program

Good Faith Effort

Our Purpose

The University’s purpose is to remain committed to exercising a good faith effort to maximize opportunities for HUB vendors to provide materials, supplies, equipment, and services needed to support the mission and the administrative and logistical operations of UT Health San Antonio, in accordance with established utilization goals.


In accordance with Texas Administrative Code §20.13, each state agency shall make a good faith effort to:

  • utilize HUBs in contracts for construction, professional and consulting services, and commodities purchases,
  • fully utilize and increase purchases and contract awards to HUB firms consistent with State of Texas goals for HUB participation and overall economic development, and
  • enhance the opportunity of HUBs to compete for contracts and purchases.

Compliance with the HUB Subcontracting Plan

  • When a state agency requires a HUB Subcontracting Plan (HSP) under Section 2161.252, the awarded contract shall contain the plan that the contractor submitted in its bid, proposal, offer, or other applicable expression of interest for the contract. The contractor shall make a good faith effort to implement the plan.
  • To the extent that subcontracts are not contracted for as originally submitted in the HSP, the contractor shall report to the state agency all the circumstances that explain that fact and describe the good faith efforts made to find and subcontract with another historically underutilized business.
  • The state agency shall audit the contractor's compliance with the HSP. In determining whether the contractor made the required good faith effort, the agency may not consider the success or failure of the contractor to subcontract with historically underutilized businesses in any specific quantity.
  • The agency's determination is restricted to considering factors indicating good faith.
  • If a determination is made that the contractor failed to implement the plan in good faith, the agency, in addition to any other remedies, may bar the contractor from further contracting opportunities with the agency.
  • The vendor shall provide a “copy of notice,” describing available subcontracting opportunities to the state agency who will occupy the facility (Occupying Agency), or the agency purchasing goods or services, at the time of Bid Opening.

Determination of Good Faith Efforts when Subcontracting:

  • Divide the contract work into reasonable lots or portions to the extent consistent with prudent industry practices.
  • Give notification in writing to all potential bidders –Notification Form is included in the HSP package. Use of this form is highly recommended.
  • You must allow HUB subcontractors at least seven (7) working days to respond to the notice prior to your submitting your response to the contracting agency (does not include the day notice was sent).
  • Notify a minimum of two (2) minority or women trade organizations or development centers of subcontracting opportunities (see list attached to Rider 104 HUB Plan for contact information). Complete Section B-3 (d) of Option 3 Attachment B.
  • Give notification to at least 3 HUBs for each trade identified for the project.
  • Provide written justification of the selection process if a HUB is not selected. Complete Section B-4 (b) of Option 3 Attachment B.
  • Encourage participating non-certified minority or woman owned businesses to apply for State HUB certification.
  • Provide supporting documentation of all good faith efforts. Failure to produce required documentation may result in rejection of your HUB Subcontracting Plan and subsequently your proposal.

Possible Causes for an HSP Rejection will include:

  • Failure to provide 7 (seven) working days-notice to HUBs
  • Failure to properly notify HUBs and/or provide sufficient information to bid
  • Failure to notify minimum of two trade organizations
  • Failure to include supporting documentation of all Good Faith Efforts
  • Telephone logs will not be accepted as documentation of good faith efforts; only fax, e-mail and written correspondence are acceptable.

Following the Award

  • Notification of Award to Subcontractors: Within ten (10) days following signing of the contract, contractor must notify in writing the subcontractors of their award; copy of the notice must also be provided to the contracting agency’s point of contact for the contract.
  • Reporting – After Award: Progress Assessment Reports (PARs) will be required monthly, by the 10th of the month, documenting payments to all HUB and non-HUB subcontractors.