Expansion of Work. If University expands the scope of Work through a change order or any other amendment, University will determine if the additional Work contains probable subcontracting opportunities not identified in the initial solicitation for Work. If University determines additional probable subcontracting opportunities exist, Contractor will submit an amended subcontracting plan covering those opportunities. The amended subcontracting plan must comply with the provisions of 34 TAC §20.285 before (a) this Agreement may be amended to include the additional Work; or (b) Contractor may perform the additional Work. If Contractor subcontracts any of the additional subcontracting opportunities identified by University without prior authorization and without complying with 34 TAC §20.285, Contractor will be deemed to be in breach of this Agreement under Section 8 and will be subject to any remedial actions provided by Applicable Laws, including Chapter 2161, Texas Government Code, and 34 TAC §20.285. University may report nonperformance under this Agreement to the SPSS in accordance with 34 TAC §§20.285(g)(5), 20.585 and 20.586.]
Expansion of Work. If University expands the scope of Work through a change order or contract amendment, including a renewal that expands the scope of Work, University’s HUB Office/Department will determine if the expanded Work contains additional probable subcontracting opportunities. If University’s HUB Office/Department so determines additional probable subcontracting opportunities exist, Contractor will submit an amended HSP covering those opportunities to University’s HUB Office/Department for its review and approval. Contractor will demonstrate good faith by complying with the requirements of 34 TAC §20.285(d) in the development of the amended HSP. Such an amended HSP must be approved by the University’s HUB Office/Department and this Agreement must be amended in accordance with Section 12.6 to replace the existing HSP with the amended HSP before Contractor may perform the expanded scope of Work. If Contractor performs any such expanded scope of Work or subcontracts any of the additional probable subcontracting opportunities identified by University’s HUB Office/Department without prior authorization and without complying with 34 TAC §20.285, Contractor will be deemed to be in breach of this Agreement under Section 8 and will be subject to any remedial actions provided by Applicable Laws, including Chapter 2161, Texas Government Code, and 34 TAC §20.285. In addition, University may report Contractor’s noncompliance with this Section 12.27.2 to the Texas Comptroller in accordance with 34 TAC §§20.285(h)(4), 20.585 and 20.586.
Expansion of Work. If, after entering into a contract with a Respondent as a result of a purchase solicitation subject to the Policy, MD Xxxxxxxx wishes to expand the scope of work that the Respondent will perform under that contract through a change order or any other contract amendment (the “Additional Work”), MD Xxxxxxxx will determine if the Additional Work contains probable subcontracting opportunities not identified in the initial purchase solicitation for that contract. If MD Xxxxxxxx determines that probable subcontracting opportunities exist for the Additional Work, then the Respondent must submit to MD Xxxxxxxx an amended HUB Subcontracting Plan covering those opportunities that complies with the provisions of 34 TAC Section 20.14. Such an amended HUB Subcontracting Plan must be approved by MD Xxxxxxxx (including MD Anderson’s HUB Coordinator) before (a) the contract may be amended by MD Xxxxxxxx and the Respondent to include the Additional Work and the amended HUB Subcontracting Plan and (b) the Respondent performs the Additional Work. If a Respondent subcontracts any of the additional subcontracting opportunities identified by MD Xxxxxxxx for any Additional Work (i) without complying with 34 TAC Section 20.14 or (ii) before MD Xxxxxxxx and that Respondent amend their contract to include a revised HUB Subcontracting Plan that authorizes such subcontracting, then the Respondent will be deemed to be in breach of its contract with MD Xxxxxxxx. As a result of such breach, MD Xxxxxxxx will be entitled to terminate its contract with the Respondent, and the Respondent will be subject to any remedial actions provided by Texas law, including those set forth in Chapter 2161, Texas Government Code, and 34 TAC Section 20.14. University may report a Respondent’s nonperformance under a contract between that Respondent and MD Xxxxxxxx to the Texas Comptroller in accordance with 34 TAC Sections 20.101 through 20.108.
