11-Attachment DD – MWBE Trucking Procedure Compliance Packet.pdf
PDF 910 KB Posted
- Solicitation number
- 26/0100
- Issued by
- Harris County, Texas
About this file
This file is a Minority/Women Business Enterprise (M/WBE) Trucking Procedure Compliance document issued by the Harris County Department of Economic Equity and Opportunity (DEEO) to establish criteria for determining if M/WBE trucking companies perform a Commercially Useful Function (CUF) to receive M/WBE credit on Harris County contracts, including the ITB for Construction of the Genoa Red Bluff Stormwater Detention Basins - Phase 2. The document outlines responsibilities and management requirements, ownership and operation standards, exclusive use and control provisions, and subcontracting options for M/WBE trucking firms seeking contract participation credit. Key requirements include that M/WBE firms must perform at least 30 percent of subcontract work with their own forces, own and operate at least one truck, employ drivers as employees rather than independent contractors, and manage and supervise the entire trucking operation without contrived arrangements. Vendors utilizing trucking companies to meet M/WBE contract goals must submit documentation including the W-9 form, current insurance documents, and proof of truck ownership or registration on the TxDOT website with their M/WBE Utilization Plan.
The document establishes multiple scenarios for M/WBE credit calculation based on ownership and operational structure. When an M/WBE firm owns and operates trucks with its own drivers, 100 percent of transportation service expenditures count toward participation goals. When leasing additional trucks from non-M/WBE firms while using M/WBE drivers, 100 percent of expenditures are credited. However, when an M/WBE leases trucks from non-M/WBE firms without drivers, credit is limited to one leased truck per owned and operated truck at 100 percent value, with excess leased trucks receiving only commission and fee credit. Vendors requesting courtesy utilization plan reviews must submit documentation up to five business days prior to solicitation closure, including completed utilization plans, letters of intent, M/WBE certification copies, and good faith efforts documentation. The Harris County DEEO clarifies that courtesy reviews identify minor deficiencies but do not determine plan responsiveness; vendors must submit final documentation with their bid submissions in Bonfire.
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Text version
M/WBE Trucking Procedure Compliance:
Ensuring Commercially Useful Function
(CUF)
Department of Economic Equity and Opportunity
Infographic Rev. 02/2025
Presenter Notes Presentation Notes Overview of the factors and criteria for determining if a M/WBE trucking company is performing a Commercially Useful Function to receive M/WBE credit on a contract.
Responsibility and Management
M/WBE must perform at least 30 percent of the work of its subcontract with its own forces.
M/WBE must manage and supervise the entire trucking operation for a specific contract.
No contrived arrangements to meet Contract Goals.
Presenter Notes Presentation Notes M/WBE trucking firms must be certified in one of the accepted certifications recognized by Harris County. Credit toward M/WBE contract goals is counted only if the following criteria are met.
Ownership and Operation
M/WBE Truck
M/WBE must OWN and OPERATE at least one (1) truck AND employ one (1) Driver. M/WBE must employ its own drivers and not utilize independent contractors to receive credit.
• M/WBE receives credit for the total value of transportation services provided using trucks it owns, insures, and operates using its own employees as drivers.
M/WBE Driver
Exclusive Use and Control
Lease must indicate exclusive use and control over the truck
Leased trucks must display the M/WBE 's name and identification number
Clarify that the M/WBE has priority for use of the leased truck
For credit on use of additional leased trucks
Subcontracting M/WBE Firm
M/WBE
Truck
M/WBE
Truck
M/WBE trucking firm may subcontract to an M/WBE truck owner and operator.
• M/WBE Transportation Credit = 100% of the expenditures paid to the M/WBE Firm will count toward the participation goal.
For credit on use of additional trucks
Lease Non-M/WBE Firm, M/WBE Drivers
M/WBE
Truck
M/WBE firm CAN lease additional trucks from a Non- MWBE firm and use its own M/WBE drivers. M/WBE drivers must be employees and not independent contractors.
• M/WBE Transportation Services Credit = 100% of the expenditures paid to the M/WBE Firm will count toward the participation goal.NON-
M/WBE Lease
LEASE
M/WBE Driver
Lease Non-M/WBE Firm, No Driver
M/WBE Truck
For every one (1) truck owned and operated by an M/WBE firm, one (1) truck CAN be leased from an Non- M/WBE and receive 100% credit up to the value of work performed by the M/WBE employee operated trucks.
For every leased truck that exceeds what the M/WBE owns and operates from a Non- M/WBE, contractor will only receive credit for fees and commissions.
• M/WBE Transportation Services Credit= Commissions and Fees paid to the M/WBE Firm will count toward the participation goal.
Non M/WBE Lease
LEASE
M/WBE
Truck
Driver
M/WBE Driver
Non M/WBE Lease
Non M/WBE Lease
M/WBE Driver M/WBE Driver
Driver
Required Submittal Documentation
Truck
Vendors using trucking companies to meet the M/WBE contract goal must submit with their M/WBE Utilization Plan a copy of the M/WBE trucking firm’s:
• W-9 for the trucking company
• Current and valid insurance documents
• Proof of ownership and/or registration of truck(s) on the TxDOT Website
Additional documentation will be requested post-award to determine CUF performance and contract goal credit.
D E E O
Courtesy Utilization Plan Reviews
Courtesy review request deadline.
Request can be submitted up to 5 business days prior to the solicitation closure date.
• Completed & Signed Utilization Plan
• Completed & Signed Letters of Intent.
• Copies of M/WBE Certification for all certified suppliers.
• Good Faith Efforts Documentation. (If applicable) **Please reference the
Utilization Plan Tip Sheet for details on
Good Faith Efforts documentation requirements.
Must provide all requested documentation.
Only 1 submission per vendor per bid.
Given time constraints, conducting an additional review of your submission is not feasible.
Please note that the review process aims to identify and correct minor deficiencies prior to submission. D E E O does not determine plan responsiveness through our courtesy review process. Therefore, please ensure that you submit the Utilization Plan and supporting documentation with your bid submission in Bonfire.
Requests accepted only through link provided.
Courtesy Review - Utilization Plan https://wkf.ms/3QCOlHf
Questions Harris County Department of Economic Equity and Opportunity
1001 Preston, Suite 670 Houston, TX 77002
(713) 274-1400 DEEO@eeo.hctx.net
The M/WBE Program Policy is found on our website:
https://deeo.harriscountytx.gov
Presenter Notes Presentation Notes More M/WBE program policy information can be found by visiting our website or contacting our office.
mailto:DEEO@eeo.hctx.net
| M/WBE Trucking Procedure Compliance:�Ensuring Commercially Useful Function (CUF) |
| Responsibility and Management |
| Ownership and Operation |
| Exclusive Use and Control |
| Subcontracting M/WBE Firm |
| Lease Non-M/WBE Firm, M/WBE Drivers |
| Lease Non-M/WBE Firm, No Driver |
| Required Submittal Documentation |
| Must provide all requested documentation. |
| Questions |
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