1. (a) The GSC operates a Small Contractor Participation Assistance Program as set forth in Texas Government Code, §2166.259 and this section.
2. (b) Assistance under the program shall be available on projects with an estimated cost exceeding $20 million. In determining the estimated cost of a project, all work financed under a single bond issue or schedule of appropriated projects may be aggregated.
3. (c) To be eligible for assistance under the program, a contractor must meet the definition set out in the Small Business Act, 15 U.S.C. Chapter 14A.

4. (d) The GSC has established a technical assistance plan which features:

   1. (1) Contracted technical assistance to aid small contractors to develop the skills necessary to participate in the program.

   2. (2) The technical assistance shall include assistance in:

      1. (A) estimating bids, the bidding process, scheduling, and understanding bid documents;
      2. (B) reading construction drawings and other documents;
      3. (C) business accounting, bonds, and bond requirements;
      4. (D) negotiations with general contractors;
      5. (E) safety training; and
      6. (F) any other technical and administrative assistance considered appropriate and necessary given the complexity and scope of the particular public works project.
   3. (3) In awarding contracts for technical assistance, the commission may use a competitive bid process, a competitive proposal process, or may negotiate directly with service providers.
5. (e) Any party awarded a contract to provide technical assistance shall be an independent advisor and not a representative or agent of the GSC. Whenever a technical assistance provider gives advice to a small contractor, the provider shall in writing inform the small contractor that the provider's advice and services are those of the provider and do not represent the position of the GSC on any issue.

6. (f) The GSC has established a public outreach plan which features:

   1. (1) Publication of notices annually in five newspapers of general circulation describing the program and giving the names, addresses, and telephone numbers of the technical and financial assistance providers.
   2. (2) Publication of the names, addresses, and telephone numbers of the technical and financial assistance providers in each participating project specification together with a description of the program.
   3. (3) Publication of the names, addresses, and telephone numbers of the technical and financial assistance providers in all advertisements and notices about a project.
   4. (4) A contract requirement that the general contractor provide to all subcontractors the name, addresses, and telephone numbers of the technical and financial assistance providers.

7. (g) For each project under the program, the GSC shall make centralized purchases of:

   1. (1) workers' compensation insurance coverage;
   2. (2) employers' liability insurance coverage;
   3. (3) commercial general and excess liability coverage;
   4. (4) payment and performance bonds; and
   5. (5) any other analogous coverage the commission considers necessary and reasonable for the particular project.
8. (h) Such centrally purchased coverages shall be incorporated into the contract with the state, and any contractor who enters into a contract with the state under a project covered by the program shall be required to pay premiums and fees as set forth in the central purchase contracts.

Source Note:The provisions of this §123.33 adopted to be effective August 13, 2000, 25 TexReg 7626.