(a) A HUB shall be graduated from being used to fulfill HUB procurement utilization goals when it has maintained gross receipts or total employment levels during four consecutive years which exceed the U.S. Small Business Administration's size standards for firms within similar primary four-digit Standard Industrial Classification codes as stated in 13 Code of Federal Regulations 121.201 for the following categories:
- (1) heavy construction other than building construction;
- (2) building construction, including general contractors and operative builders;
- (3) special trade construction;
- (4) medical, financial and accounting services;
- (5) architectural/engineering and surveying services;
- (6) other services including legal services;
- (7) commodities wholesalers;
- (8) commodities manufacturers.
- (b) Firms which have achieved the size standards identified in subsection (a) of this section will be assumed to have reached a competitive status in overcoming the effects of discrimination. The commission shall review as part of the certification, compliance or recertification process the financial revenue or relevant data of firms to determine whether the size standards identified in subsection (a) of this section have been met.
- (c) Businesses that have graduated from the HUB program in accordance with this section or have been decertified in accordance with §§111.17-111.22 of this title (relating to Executive Administration Division) may not be included in meeting agency goals.
- (d) The General Services Commission shall review the U.S. Small Business Administration's size standards each Fiscal Year to determine the need to reassess HUB graduation size standards and make changes effective September 1 of each Fiscal Year.
Source Note:The provisions of this §111.23 adopted to be effective October 4, 1995, 20 TexReg 7473; amended to be effective February 18, 1997, 22 TexReg 1391; amended to be effective December 7, 1997, 22 TexReg 11651.