Rule 20701: Use of Historically Underutilized Businesses

Details

Series

20000: Administration

Date Approved

Date Last Amended

Office(s) Responsible for Rule

Office of HUB Programs

1.  Title

Use of Historically Underutilized Businesses 

2.  Rule and Regulation

Sec. 1  Good Faith Effort.  It is the policy of the Board of Regents to promote full and equal opportunity for all businesses to supply the goods and services needed to support mission, administrative, and logistical operations of the U.T. System. The U.T. System commits to a good faith effort to increase purchases from and contract awards to Historically Underutilized Business (HUB) firms consistent with the state's goals for HUB participation and overall economic development.

Sec. 2  Establishment of Procedures.  The U.T. System has a compelling interest to assure that procurement funds always are expended in an equal-business-opportunity context. To meet that obligation, the Board of Regents delegates to the Chancellor the responsibility for establishing and maintaining procurement systems and procedures that are nondiscriminatory with respect to race, color, religion, sex, or national origin. That obligation also encompasses procurement systems and procedures of business firms under contract with the U.T. System to preclude U.T. institutions’ passive participation in an unlawfully discriminatory marketplace. The Chancellor is also responsible for developing procedures to ensure that a good faith effort is made to meet the state’s goals for HUB participation and overall economic development.

Sec. 3  Adoption of Guidelines.  The Board of Regents adopts the use of the guidelines and related rules of the Statewide Procurement and Support Services Division of the Texas Comptroller of Public Accounts (34 Texas Administrative Code Part 1, Rules 20.281 – 20.298).

Sec. 4  Scope.  This policy applies to acquisition of specified commodities, professional and other services, and construction services, by System Administration and U.T. institutions, including auxiliary enterprises, regardless of funding source.

3.  Definitions

Terms used in this Rule will have the meaning defined in 34 Texas Administrative Code Part 1, Rules 20.281 – 20.298 – Statewide Procurement and Support Services.

4.  Relevant Federal and State Statutes 

Veterans’ Benefits (38 U.S.C. Section 101

34 Texas Administrative Code Part 1, Rules 20.281 – 20.298 – Statewide Procurement and Support Services 

Texas Government Code Sections 2254.001 – 2254.005 – Professional and Consulting Services 

Texas Government Code Sections 2254.021 – 2254.040 – Consulting Services 

Texas Government Code Section 2161.001(3) – Definitions 

5.  Relevant System Policies, Procedures, and Forms 

The University of Texas Systemwide Policy UTS137, Historically Underutilized Business (HUB) Program 

6.  System Administration Office(s) Responsible for Rule 

Office of HUB Programs

7.  Dates Approved or Amended 

Regents’ Rules Revision History