14-Specifications.pdf

SPECIFICATIONS

SCOPE

Harris County seeks a vendor to conduct a comprehensive disparity study (the Study), containing program enhancement recommendations, an updated availability analysis, a disparity analysis, a procurement and disparity review of the Harris County Housing Authority, and other related services pertinent as described herein beginning on or about August 1, 2025 and ending one (1) year thereafter or until all services ordered prior to the expiration date have been satisfactorily delivered and accepted or performed satisfactorily for the using department.

PRE-PREPROPOSAL CONFERENCE

A pre-proposal conference will be held Tuesday, August 5, 2025, at 10:00 a.m. CST via Microsoft Teams Conference ID: 258 060 861 948 4, password qn2UG2PL, or call in (audio only) +1 281-985-1862,,593929409#. Attendance is not mandatory; however, all vendor(s) are encouraged to attend in order to have a better understanding of the requirements of this RFP.

Join the meeting now Meeting ID: 258 060 861 948 4 Passcode: qn2UG2PL

Or call in (audio only) +1 281-985-1862,,593929409# United States, Aldine Phone conference ID: 593 929 409#

It is the responsibility of each vendor to examine the entire Request for Proposal (RFP) package, seek clarification in writing, and review their offer for accuracy before submitting. Questions relating to this RFP must be submitted in writing through Bonfire. The deadline for submission of questions relating to this RFP is listed on the Event schedule within Bonfire of this project. All questions submitted in writing prior to the deadline will be compiled and answered in writing.

A copy of all questions and answers will be released as a Public Notice within Bonfire to all firms. The County will not be bound be any information conveyed verbally.

RENEWAL OPTIONS

Harris County may consider four (4) one-year renewal option, based upon the same terms, conditions and pricing as the original year. Renewal is subject to approval by Harris County Commissioners Court. Once renewal options are exhausted, the contract must be rebid. Harris County reserves the right to rebid at any time as is in its best interest and is not automatically bound to renew.

BACKGROUND

In November 2020, the Harris County Commissioners Court adopted the Minorities and Women Owned Business Enterprise (M/WBE) Program Policy based on the findings of a 2020 Disparity Study. The Study provided statistical information about disparities between the availability of Minority Business Enterprises (MBEs) and Woman Business Enterprises (WBEs) and their utilization on County Contracts. The 2020 Disparity Study also documented qualitative evidence of race and gender-based barriers to equal opportunities to compete for County contracts and associated Subcontracts.

Disparity Study, Enhanced Program Recommendations and Other Related Services for Harris County

Based on these findings, the 2020 Disparity Study made race and gender-neutral recommendations to level the playing field for County projects. It further found that the County had a strong basis in evidence to conclude that race and gender-conscious measures were supportable to ensure equal opportunities to compete for County prime contracts and associated subcontracts. The 2020 Disparity Study provided percentage estimates of the available MBEs and WBEs as a portion of all ready, willing, and able firms that could provide goods and services to the County. Based on these estimates, the County adopted an overall Annual Aspirational Goal for M/WBE participation on County Contracts of thirty percent (30%) of total spending.

Per current policy, the M/WBE Program shall sunset five years from adoption unless otherwise reenacted. Please provide your timeline based on twelve (12) month milestones in the proposal for the services requested within the solicitation, and the vendor shall regularly review the program's operations and achievements.

DEFINITIONS

a. Targeted Firms: For the purpose of this solicitation, Targeted Firms consist of SBE, M/WBE, and VOB.

b. Small Business Enterprise (SBE): is a for-profit business of any legal structure that is independently owned and operated, not nationally dominant in its field, physically located and operating in the United States or its territories and conforming to the Small Business Administration’s Size Standards for its industry.

c. Minority Business Enterprise (MBE): is a for-profit business that is at least fifty-one percent (51%) owned, managed, and controlled by a member(s) of a qualified minority group. To be considered a member of a qualified minority group, a person must be a U.S. citizen or legal permanent resident citizen who is Asian-Indian, Asian- Pacific, Black, Hispanic, or Native American. Ownership by qualified minority individuals means the business is at least fifty-one percent (51%) owned by such individuals, or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock is owned by one (1) or more such individuals.

d. Women Business Enterprise (WBE): is an independent business concern that is legally controlled by and at least fifty one percent (51%) owned and operated by one (1) or more women who are U.S. citizens or Legal Resident Aliens. The business formation and principal place of business must be in the U.S. or its territories.

e. Veteran Owned Business (VOB): is a for-profit business that is at least fifty one percent (51%) owned, managed and controlled by a member(s) identified by the Department of Veterans Affairs (VA) as a Veteran or Service- Disabled Veteran. The firm must be considered a small business, as defined by the size standard corresponding at least one NAICS code listed in the business’s SAM.gov profile according to the Small Business Administration.

f. Small Business Enterprise (8a) Certification (SBA 8a): A firm that is certified by the Small Business Administration and considered a small business according to the SBA’s size standards. Business must be at fifty one percent (51%) owned and controlled by U.S. citizens who are socially and economically disadvantaged. The owner must provide proof of ownership, control, disadvantage, business acumen, and experience in the government market.

The owner must have a personal net worth of $850,000 or less, an adjusted gross income of $400,000 or less, and assets of $6.5 million or less. For the purpose of this solicitation, we will refer to these businesses as SBEs.

g. Historically Underutilized Business (HUB): is a for-profit business concern whose owner must provide proof of fifty one percent (51%) ownership and control of the day-to-day operation of the business. The owner must be an economically disadvantaged person meeting eligibility as a(n): Asian Pacific American, Black American, Hispanic American, Native American, American woman, and/or Service-Disabled Veteran with a service-related disability of twenty percent (20%) or greater. The owner must be a U.S. Citizen, prove at least one (1) year of Texas residency, prove control of the day-to-day operations, and hold company title equivalent to ownership and control requirements.

The business must be primarily based in Texas, prove its principal place of business is in Texas, and be a for-profit entity that has not exceeded the size standard prescribed by 34 TAC §20.294.

h. Disadvantage Business Enterprise (DBE): as defined in 49 C.F.R. Part 26 is a for-profit small business concern where socially and economically disadvantaged individuals own at least a fifty-one percent (51%) interest and control management and daily business operations. African Americans, Hispanics, Native Americans, Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and economically disadvantaged. Other individuals can also qualify as socially and economically disadvantaged on a case-by-case basis.

i. M/WBE(s): for the purpose of this solicitation are companies with a certification designation from an authorized certification agency as a woman, small, or minority group certification, such as a Historically Underutilized Business (HUB), Disadvantage Business Enterprise (DBE), MBE, WBE, or SBA (8a) recognized and approved by the State of Texas, City of Houston and Texas Unified Certification Program.

j. Geographic Market Area: for the purpose of this solicitation the geographic market area comprises of Harris, Fort Bend, Montgomery, Brazoria, and Galveston Counties in the State of Texas.

k. National Institute of Governmental Purchasing (NIGP): codes prepared for the use of bidders, vendors, and state agency personnel. Agencies use the class-item numbering and descriptions found in this book to properly code products or services on their requisitions and purchases, so informal and formal invitations for bids will reach vendors that have indicated they are capable of furnishing the required materials, equipment, supplies, and services.

l. North American Industry Classification System (NAICS): codes used by Federal Statistical Agencies for the collection, analysis, and publication of statistical data related to the U.S. Economy. Companies also rely on the NAICS code to classify their own customers by industry.

OVERVIEW AND OBJECTIVES

The purpose of this solicitation is to identify a qualified vendor to conduct an updated disparity study that applies to the existing M/WBE program as well as to the potential VOB and SBE programs from Harris County. The Study shall examine disparities in utilization versus marketplace availability and assess equitable access to County contracts and subcontracts for the following group of “Targeted Firms”: M/WBE, SBE, and VOB. The Study shall also propose strategies to ensure full and fair competition. Additionally, the vendor shall evaluate and recommend program enhances to the current M/WBE program and propose recommendations for future SBE and VOB programs. The project will be divided into four (4) distinct phases, each representing a separate portion of the overall scope of work:

I. Updated Availability Analysis II. Program Enhancements Recommendations

III. Harris County Disparity Analysis IV. Harris County Housing Authority Procurement and Disparity Analysis

In addition to these four (4) components, the vendor shall disclose hourly rate(s) for additional support for matters related to the Study to be provided on an as-needed basis after the conclusion of the four (4) components above.

The selected vendor shall be able to work effectively with staff at all levels of the County’s project review team and constituents to encourage their knowledge, input, and suggestions on how to achieve the goals of this project.

As part of the four (4) components above, the vendor shall be required to:

a. Examine what, if any, barriers may be adversely affecting the participation of Targeted Firms in contracts issued by the County;

b. Identify the availability of Targeted Firms that are ready, willing, and able to do business with the County in the relevant market area; and

c. Analyze the contracting and procurement data of the County to determine the utilization of Targeted Firms;

d. Determine the extent to which any identified disparities in the utilization of available Targeted Firms by the County are attributable to discrimination;

e. Recommend programs and/or policies to remedy the effects of any discrimination identified, and to reduce or eliminate any other marketplace barriers that adversely affect the contract participation of such Targeted Firms;

f. The vendor shall identify the availability of Targeted Firms that are ready, willing, and able to do business with the County. The vendor shall ascertain whether a statistically significant disparity exists between the availability of ready, willing, and able Targeted Firms and the utilization of such firms in County contracts (whether as prime contractors, subcontractors, or suppliers);

g. If the analysis reveals an under-utilization of Targeted Firms, the vendor shall research and analyze the reasons for such under-utilization. In analyzing the availability and utilization as outlined above, the vendor shall determine the extent to which:

i) Under-utilization, if any, may be the result of discrimination by the County or discrimination existing within the relevant industry(s);

ii) Discriminatory practices exist within specific industries, trades, procurement and service areas in the geographic market used by the purchasing or contracting departments or offices of the County; and

iii) Any discriminatory practices identified that impede or have impeded the ability for these Targeted Firms to compete for and participate in County contracts (whether as prime contractors or subcontractors).

h. Should the vendor identify statistically significant under-utilization of Targeted Firms and finds that such underutilization results, in part, from discrimination, the vendor shall recommend remedial programs to correct any such identified discrimination. In recommending remedial programs, the vendor shall assess the extent to which the effects of discrimination can be addressed through race and gender-neutral means. To the extent the vendor determines that neutral remedies alone shall be insufficient to fully remedy the effects of identified discrimination, the vendor shall propose race and gender-conscious remedies that are narrowly tailored to address the effects of the discrimination. The vendor shall also assess:

i) The extent to which other barriers unrelated to race or gender may be adversely affecting contract participation by Targeted Firms; and

ii) The efficacy of race and gender-neutral policies and programs previously used by the County to address those identified neutral barriers. Where appropriate, the vendor shall propose modifications and alternative policy and program approaches to address such barriers.

i. The experience, knowledge, and capabilities of the qualified vendor’s personnel and sub-vendors/project team shall be thoroughly evaluated to determine the vendor’s ability to timely deliver a legally defensible disparity study developed consistent with best practices. It is the vendor’s responsibility to secure all services necessary to meet the requirements of this solicitation;

j. Harris County reserves the right to engage a third-party consultant to review all data, the vendor’s methodology, and any data analysis or preliminary recommendations prior to the vendor finalizing its results; and

k. Vendors may include a ‘Value-Add’ section in their proposal to highlight optional services, additional elements, or best practices not explicitly requested but which may contribute to the Study’s success, support its objectives, or enhance its effectiveness and implementation beyond the defined deliverables outlined in this solicitation.

PROJECT LOGISTICS, TASKS AND DELIVERABLES

Logistics and Tasks To provide the minimum deliverables listed in the section below, the vendor shall be expected to perform the tasks delineated below at appropriate points during the Project. Work on any given phase shall not commence until the County provides official notice to proceed. Upon receipt of such notice, the vendor is expected to begin the specified phase as outlined.

The following list is not exclusive nor exhaustive. The vendor shall be expected to identify and perform all tasks necessary to provide the agreed-upon deliverables, regardless of whether such tasks are included in the list below.

a. Coordinate all efforts, including meeting logistics. The vendor shall identify a project team to include a Project Manager (PM) who shall be the point of contact between the vendor and assigned County staff as needed. The PM shall be available to assigned County staff as needed for updates and reviews on project progress;

b. Interview the County’s procurement staff and all elected and appointed officials’ staff for making decisions regarding the types of contracts and market areas covered by solicitations, advertising, and mailing;

c. Interview prime contractors, subcontractors, vendors, representatives of trade and professional associations, and educational institution officials. Interviews shall be conducted for both English and Spanish speakers;

d. Interview current and former representative small, minority, female and veteran prime contractors, subcontractors, vendors, and any other appropriate sources, as to the utilization and factors affecting utilization of Targeted Firms by prime contractors on private and public contracts with and without M/WBE contracting goals. Interviews shall be conducted for both English and Spanish speakers;

e. Interview current and former small, minority, female, and veteran business owners and minority, veteran, and female professionals, government officials, and others in the construction, maintenance, supplies, materials, and professional and personal service industries as to any specific instances of discrimination in the various industries, which have had a discriminatory impact upon Targeted Firms and their development. Interviews shall be conducted for both English and Spanish speakers;

f. Design and administer a survey for contractors, subcontractors, and vendors (by ethnic group, gender, and targeted firm type) as to the type of work, capacity, and utilization on various types of contracts, reasons for levels of utilization, identification of any instances of discrimination (past or present) and effects and sources of past or present discrimination, and interest in bidding on County contracts;

g. Obtain and analyze prior utilization studies that relate to the relevant market area, and, to the extent possible, reconcile or distinguish those studies from the current findings;

h. Research and analyze the level of availability and utilization of Targeted Firms by category in the relevant market area with respect to each type of contract typically awarded by the County (based on NIGP and NAICS codes);

i. Review the records for information regarding the number and identity of Targeted Firms;

j. Analyze any available judicial or administrative data as to allegations of discrimination made against contractors, subcontractors, vendors, and local government agencies;

k. Compile and analyze hiring and other employment data for contractors, subcontractors, and vendors in the relevant geographic market to determine whether disparities exist in the hiring of women, minorities and veterans;

l. Compile and analyze anecdotal evidence as it relates to conclusions regarding each of these tasks; and

m. Assist the County, if necessary, in revising their existing M/WBE Program and suggesting Program Enhancements for the existing M/WBE Program as well as for future SBE and VOB programs. Such assistance shall include preparation of proposed program initiatives as well as assisting with any public hearings.

Deliverables The vendor shall be required to prepare and submit the following documents to the County throughout the term of the contract:

a. For each phase of the Study, the vendor shall provide a comprehensive timeline that includes a detailed description of the methodology, key activities and steps required for completion;

b. The vendor shall provide monthly progress reports with the County's designated PM to oversee and facilitate the

Study;

c. A draft final report describing in detail the vendor’s methodology and findings that meets all requirements described;

d. A final report for the County that meets the foregoing requirements and addresses any deficiencies or concerns raised by the County regarding the draft report;

1. The final report shall include, at minimum:

i. An executive summary of the findings and conclusions.

ii. The name and signature of the person(s) responsible for preparing the report, together with a description of their credentials, qualifications, and expertise in conducting the analysis.

iii. Definitions section, which lists definitions, including all racial, gender, and ethnic groups.

iv. A detailed list of assumptions used in the analysis and any limitations, caveats, or uncertainties posed by the use of surveys, data, or proxies.

v. Legal analysis section, setting forth the legal framework for the analysis, particularly noting any relevant state or federal issues or court decisions that relate to constitutional challenges of a M/WBE program.

vi. Detailed documentation on and identification of all Targeted Firms and other business enterprises owned and operated by minorities, women, and other socially and economically disadvantaged individuals, broken down by categories of work used in the analysis to compute the availability vs.

utilization tests.

vii. Details of the methodology used in conducting the availability analysis, including a detailed description of the vendor's results, discussions, conclusions, and recommendations based on its review of the data, documents, and other sources of information.

viii. Analysis of evidence of discrimination and any causal links between the observed disparities and such anecdotal evidence.

ix. Provide review, analysis, and recommendations regarding the various components of the M/WBE program, including, but not limited to, program management, data collection, goal setting, certification process, compliance, and outreach programs.

x. Recommendations on how often a disparity study should be conducted to maintain the program's validity and integrity.

xi. Outline the results of the disparity study and clearly and concisely offer recommendations consistent with the results of the disparity study and governing law.

e. Provide, in format(s) approved by the County, a computerized database of all data and records developed in performing the services that shall permit the county to use such data and records in the future;

f. Vendor must be available for 8 (eight) months after the final submittal of the study to make periodic presentations to the County staff and the governing body of the County and committees thereof to explain study methods, results, and reports; and

g. Harris County reserves the right to engage a third-party consultant to review all data, the vendor’s methodology, and any data analysis or preliminary recommendations, prior to the vendor finalizing its results.

SCOPE OF WORK

PHASE I – UPDATED AVAILABILITY OF TARGETED FIRMS

Legal, Historical, And Institutional Background The vendor shall review and evaluate the County's historical contracting and procurement policies, procedures, and practices during the relevant study period. The vendor shall assemble all historical, legal, or institutional evidence that would help establish any causal relationships found in the statistical analysis by performing the following:

a. Legal analysis that are consistent with the standards established by County of Richmond v. J.A. Croson Co., 488 U.S.

469, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989) and the subsequent cases applying Croson, and all relevant County, state, and local legislative mandates;

b. Historical review of programs, plans, policies, and other initiatives over the past decade within Harris County and the Greater Houston Area designed to improve access to Targeted Firms; summary of prior complaints, expression of concerns or demonstrated barriers to the full participation of Targeted Firms in contracting with Harris County;

c. Through a review of procurement and contracting manuals, administrative rules, and evidence of patterns and practices, identify any discriminatory practices that may have hindered or impeded the ability of Targeted Firms to compete for and participate in the County’s contracts (whether as prime contractors or subcontractors);.

d. Analysis of the County procurement procedures and practices that may cause underutilization of Targeted Firms and differentiation between those that may be the result of discrimination in the private sector or other non-discriminatory factors existing within the industries in the relevant marketplace; and

e. Analysis of historical or ongoing practices or patterns of operation existing within specific industries, trades, procurement, and service areas in the relevant geographic markets affecting purchases of goods and services by the County amounting to passive or active discrimination.

Availability Analysis The vendor shall examine all available data and reports from physical records and any computer data tracking systems to provide separate analyses of utilization and availability in the relevant geographic market area and to compare the utilization vs. availability rates by race, ethnicity, gender, certification status, and type of Targeted Firms.

a. Using all necessary findings of fact and legally defensible methodologies sufficient to withstand a legal challenge in accordance with published case law and applicable statutory framework, the Study shall provide detailed narratives describing the data collection and review methods; including a review of available directories of certified Targeted Firms, bidder(s) lists, if any, and other pertinent information, as appropriate;

b. Define the relevant geographic market(s) by industry, for purposes of assessing the availability of prime contractor and subcontractor Targeted Firms to participate on the County contracts, based upon industry best practices;

c. Determine the number of “ready, willing, and able” Targeted Firms available to participate in the County’s M/WBE, SBE, and VOB Programs by major racial/ethnic and gender categories in the relevant marketplace for each of the County’s procurement areas: Heavy Construction (Civil); Building Construction; Professional Services as defined by Gov. Code Chapter 2254; Commodities, Special Trade Construction, and Other Services;

d. Produce an accurate assessment of availability for Targeted Firms for each industry category for the relevant marketplace and compare/contrast and evaluate the choice of the method against conventional alternatives (e.g., DBE list method, vendors list method, Dun and Bradstreet method, or sample survey);

e. Provide statistically valid estimates of availability of Target Firms that are ‘ready, willing and able’ to work with the County compared to the total business population of the relevant market area within the specified industry categories and by major racial/ethnic and gender categories.

f. Determine the availability of M/WBEs (by ethnic group and gender) in the relevant market area for each category of Commodities, Building Construction, Heavy Construction, Professional Services, Special Trade Construction, and Other Services procured by the County (based on NAICS and NIGP codes);

g. Determine the availability of certified Targeted Firms in the relevant market area as reflected in the appropriate regional or federal databases and, to the extent possible, estimate the availability (in each category) of non-certified firms that appear to be eligible to meet the requirements to become certified;

h. Examine, summarize, and compare the availability measures for the County’s relevant categories of contracts as established in other similar disparity studies or economic analyses completed in the relevant geographic market since 2021; and

i. M/WBE Business Creation Analysis. Utilize the County’s M/WBE tracking database (B2GNow), Online Business Directory, and other industry-specific databases to assess how self-employment rates in relevant markets are influenced by race and gender. The focus shall be specifically on self-employed, incorporated workers—such as small business owners—who have formed a legal corporation and typically employ others. In undertaking this analysis, control for various business owner characteristics such as sex, marital status, age, education, access to capital, spouse’s income, homeownership, number of children living at home, personal handicaps, etc. Also, compare the actual availability of M/WBE firms with expected or potential availability of M/WBE firms if minorities and women were to form businesses at the same rates as non-minorities persons with similar characteristics.

Utilization Analysis In keeping with current case law and appropriate statistical research methodology, determine and explain the appropriate methods for extraction and analysis of procurement and contract data related to the Study for the County during the relevant study period January 1, 2019 - January 1, 2024.

a. At a minimum, analyze data from the County’s financial system of record used to capture spend within the County’s

Enterprise Resource Planning (ERP) System, PeopleSoft as well as data within eBuilder, Unifier, and the M/WBE utilization tracking database (B2GNow) and determine the utilization of Targeted Firms (by ethnic group and gender) by the County from January 1, 2019 - January 1, 2024;

b. Conduct a thorough review of all, or a statistically significant portion, of the County’s respective contracts for all industry segment categories and commodity codes;

c. Propose a detailed methodology for the collection of utilization data;

d. Determine the utilization of Targeted Firms on County contracts within the relevant market area;

e. Specify a representative list of commodities and services typically procured by the County; Classify the categories of contracts for Commodities, Building Construction, Heavy Construction, Professional Services, Special Trade Construction, and Other Services typically awarded by the County (based on NAICS and NIGP Codes), and the dollar amounts spent in each category. For the purpose of constructing a legally and economically meaningful test of whether there are disparities in the availability vs. utilization of ready, willing, able, and qualified Targeted Firms;

f. Provide relevant details about the historic utilization of Targeted Firms in six (6) digit NAICS and NIGP code industries;

g. Compute the utilization rates by race, gender, and ethnicity across broad classifications of industries in the disparity study timeframe: January 1, 2019 - January 1, 2024. Explain the methodology and provide an analysis of the results;

h. Summarize any disparities in the utilization of Targeted Firms in the County’s procurement processes using the County’s M/WBE utilization tracking database at both prime contractor and subcontractor levels; broken down by procurement areas defined in the availability analysis and by race, gender, and ethnicity of firms;

i. Determine the utilization of Targeted Firms on private sector contracts within the relevant market area.

Provide an Economy-Wide Analysis using appropriate statistical methodologies, compare prime contractors’ utilization of available SBE, VOB, and M/WBE subcontractors on County contracts with that same group of prime contractors’ utilization of the available SBE, VOB and M/WBE subcontractors on similar private sector contracts within the relevant market.

PHASE II – M/WBE, VOB, AND SBE PROGRAM ENHANCEMENTS

This solicitation shall be used to aid the County in evaluating and improving its current M/WBE Program and contracting procedures as well as for providing recommendations for future VOB and SBE programs. The results and recommendations will serve as a reference document in the creation of directives, standards, and practices.

a. Explore participation, availability, and utilization of certified firms for Purchase Orders under $50K. Provide an analysis of Targeted Firms utilization and, if applicable, recommendation(s) for increasing Targeted Firms participation in informal purchases;

b. Conduct a review and provide recommendations to the County regarding prompt payment policies, bonding, insurance and any other contractual language that would adversely impact or cause undue hardships to Targeted Firms;

c. Align the County’s expenditure codes into categories that align with the County’s procurement areas: Heavy Construction (Civil), Building Construction, Special Trade Construction, Professional Services, Commodities and Other Services;

d. Outline categorical goals for the following services:

i. Heavy Construction – Heavy civil construction, also known as heavy engineering or heavy construction, is a segment of the construction industry that focuses on large-scale infrastructure projects. Heavy civil construction involves the design, construction, and maintenance of large infrastructure projects such as highways, bridges, tunnels, dams, airports, and water treatment plants;

ii. Building Construction – Building construction is the process of adding structure to real property. It encompasses designing, planning, procurement of materials, and execution of the project to create structures meant to be used and inhabited by people;

iii. Special Trade Construction – Specialized construction activities that are focused on a specific aspect of a building or infrastructure project. These trades are typically subcontracted under a general contractor and involve skilled labor and often specific licensing. (e.g., electrical work, plumbing, HVAC, roofing).

These trades are considered construction services, but distinct from general construction in that they target a specific system or element of the overall structure;

iv. Professional Services – Services which require a technical skill or unique function within a scope of practice such as engineering, architecture, accounting and medicine and often require a professional license (e.g., architect, engineer, attorney, accountant). Professional services for the purpose of this solicitation are those services defined by Texas Local Government Code §§2254.001;

v. Commodities – Basic goods and materials typically mass-produced and interchangeable with other goods of the same type. Often refers to tangible products that an organization purchases for general use, maintenance, or operation. (e.g., office supplies, furniture, uniforms and safety gear, cleaning products, tools and hardware, and IT equipment such as laptops, monitors. These are usually purchased through catalogs, contracts, or bids; and

vi. Other Services – All services not classified as a professional service.

e. Provide industry best practices, processes, and procedures for alternative delivery methods such as Job Order

Contracting (JOC), Design-Build, and Construction Management at Risk (CMAR); include strategies to maximize the participation of Targeted Firms in both the award and contract management phases;

f. Collect, review, summarize, and assess current M/WBE program practices and applicability to federally funded contracts (in part or in whole) and make recommendations for improvements, if applicable. Additionally, review and provide best practice recommendations on how the County establishes goals for projects involving federal expenditures;

g. Recommend any department, procurement category, method of procurement and expenditures that shall be exempt from the program;

h. Collect, review and summarize the procurement processes for professional services that affect the existing M/WBE Program and future VOB and SBE programs of the Harris County Flood Control District, Harris County Engineering Department, and Harris County Toll Road Authority;

i. Recommendation for allocating points for the utilization of Targeted Firms in the procurement evaluation process;

j. Review and make recommendations as it pertains to the programs outreach and capacity building initiatives; and

k. Provide best practice recommendations for defining, initiating, and integrating Small Business and Veteran-

Owned Business Enterprise programming within the County’s broader M/WBE program.

PHASE III- HARRIS COUNTY DISPARITY ANALYSIS

Discrimination Analysis The analysis shall distinguish between any evidence of general societal discrimination vs. passive discrimination and/or active/ongoing discrimination by the County, its offices, or departments.

Moreover, the vendor shall implement virtual public hearings or other remote meetings and in-person hearings to provide openness and transparency in the study methods and procedures and to secure widespread stakeholder participation from client firms, public members in the target areas, industry groups, non-women and minority-owned firms, representatives of racial and ethnic minority groups. It is strongly encouraged that such meetings be offered in various languages with at a minimum in both English and Spanish.

Anecdotal or Qualitative Evidence of Discrimination The vendor shall evaluate anecdotal or qualitative evidence to determine the extent to which any identified disparity has likely been caused, in part, by race or gender discrimination. This shall entail but is not limited to identifying, collecting, and evaluating all relevant evidence for the relevant marketplace. This requires documentation of marketplace behaviors that shall explain any disparities uncovered in Availability and Utilization Analysis. It requires an integration of the findings with any quantitative results in Availability and Utilization Analysis or in this Discrimination Analysis.

Barriers: Evidence shall be gathered from stakeholders including businesses, business owners, community members, trade organization representatives, and Chambers of Commerce, regarding possible barriers encountered in the course of conducting business in the relevant marketplace.

This includes various forms of marketplace discrimination, bidding specifications, requirements, and procedures, anti-competitive practices, or other barriers identified by the vendor. Appropriate qualitative methods and legally defensible techniques must be adopted for gathering such evidence.

Quantitative Evidence of Discrimination

a. Using the appropriate statistical methodologies and appropriate primary or secondary data sets, the vendor shall specify and estimate models to test for public and private sector discrimination.

b. Collect and analyze data regarding other public entities’ utilization of M/WBEs and document significance of the findings, in the relevant marketplace; to the extent necessary and possible;

c. Analyze possible discrimination in bonding, insurance, hiring, lending, or other factors that might impede the ability of M/WBEs to compete for County contracts; and

d. Examine disparities in prime and subcontract award amounts, bid success rates, prequalification rates, and other objective measures of the success of M/WBEs vs. other firms in competing for contracts with the County;

Economy-wide Analysis Evidence Undertake an analysis of available data regarding private sector firms, their contracting practices and utilization of M/WBEs within the relevant industry segments and the relevant market area, both at prime and subcontractor levels to determine whether discrimination exists and to what extent it may affect the County’s contracting and render the County as a passive participant in private sector contracting practices.

Integration of Findings The vendor shall integrate the findings of all analysis’ (legal, historical and institutional background, availability analysis and utilization analysis) to produce a coherent, validated, and consistent analysis that relates the qualitative analysis, the quantitative analysis, and the institutional, historical, and legal background. A report shall identify where the conclusions from the separate components of the analysis’ align with one another and where the conclusions are contradictory.

If any disparities are identified, provide a synthesis of the quantitative and qualitative findings to determine if a causal connection exists between any observed disparities and any evidence of passive discrimination, agency discrimination, or pre-market discrimination.

Recommendation of Remedies For any identified discrimination, the vendor shall recommend narrowly tailored remedial programs to address the effects and discourage its reoccurrence. In recommending remedial programs, the vendor shall assess the extent to which the effects of discrimination can be addressed through race- and gender-neutral means. To the extent the vendor determines that neutral remedies alone shall be insufficient to remedy the effects of identified discrimination fully, the vendor shall propose race and gender-conscious remedies that are narrowly tailored to address the effects of the discrimination.

a. Identify and evaluate the effectiveness of any race/gender-neutral initiatives that have been used by the County or others within the analysis period to eliminate discrimination and/or increase M/WBE participation in County contracting. Identify if other available race/gender-neutral alternatives that would increase M/WBE participation in County contracting and assess the potential effectiveness of such alternatives in fully eliminating the effects of any identified discrimination against M/WBEs;

b. Assess the performance of the Harris County M/WBE Program in addressing major M/WBE Program objectives;

c. Provide the County with recommendations, including any race-/gender-conscious methods, if appropriate, to improve the effectiveness of the County’s M/WBE programs that will assist the County in addressing existing disparities, if any;

d. Detail any exceptions, qualifications, or caveats associated with proposed remedies that arise because of the COVID- 19 Pandemic;

e. Prepare and submit recommendations to the County to improve or modify its contracting and procurement processes to ensure that all businesses, including M/WBEs, have a fair, equitable, and adequate opportunity to participate in the procurement and contracting processes and remedy any identified past or current discrimination; and

f. Provide, in format(s) approved by the County, a computerized database of all data and records developed in performing the Services that shall permit future use of such data and records by the County.

PHASE IV- HARRIS COUNTY HOUSING AUTHORITY PROCUREMENT AND DISPARITY ANALYSIS

Harris County Housing Authority (HCHA) is a special purpose governmental entity operating in Harris County, Texas (“County”). HCHA administers the federal Department of Housing and Urban Development (“HUD”) Section 8 Housing Choice Voucher grants. HCHA was authorized to operate by the County through the adoption of an order and resolution of the County Commissioners Court. HCHA’s Executive Director (Chief Executive Officer) is the principal administrator.

HCHA is not considered a component unit of any other governmental entity. The County’s Commissioners Court appoints all HCHA’s Board of Commissioners under Texas Local Government Code Chapter 392.

HCHA is responsible for the development of low-income affordable rental developments, management of publicly owned or assisted housing developments, operations of rent-subsidy programs. HCHA serves the unincorporated areas of Harris County. Regulations pertaining to federally assisted programs are promulgated by HUD. HCHA is a “public housing agency” under HUD regulations.

In addition to the federally funded Housing Choice Voucher (HCV) programs, for the purpose of developing affordable housing, through its affiliate (HCHA Redevelopment Authority, Inc.), HCHA indirectly controls and owns multiple limited liability companies (LLCs) that have partnered with private affordable housing developers and investors. Most of these LLCs serve as general partners to limited partnerships owned primarily by private affordable housing developers and investors. Thirteen (13) affordable housing developments are structured this way.

One (1) affordable housing development is structured with HCHA’s subsidiary LLC being a special limited partner, rather than the general partner. Additionally, HCHA indirectly owns one hundred percent (100%) of two (2) affordable housing developments. Together, these sixteen (16) limited partnerships provide a total of 2,746 affordable housing units. The financing of many of these developments is partially accomplished through Low-Income Housing Tax Credits.

The primary purpose of this phase is to determine whether the Harris County Housing Authority, either in the past or currently, engages in exclusionary practices in the solicitation and award of contracts to MWBEs. The deliverables shall serve as the foundation for discussion by each Board of Commissioners to determine steps forward.

The review must be based on procurement/purchasing data analysis from a three to five (3-5) year “look back” period.

Objectives include but are not limited to the following:

a. Analyze the current availability of historically underutilized businesses that offer professional services, construction services and materials, and other supplies and services in the relevant market area of the jurisdiction;

b. Identify and recommend specific actions that the Housing Authority can take that stand the highest likelihood of increasing participation without regard to race and/or gender;

c. Assess, quantify and evaluate the prevalence, magnitude and extent of marketplace discrimination, if any, including but not limited to minority owned, women owned, veteran owned and disabled persons owned enterprises. The scope of this analysis shall focus on goods and services, including construction, design and engineering of which are procured;

d. Provide practical, implementable approaches to improving participation of MWBE in public contracting.

Approaches shall be scalable into the foreseeable future; and

e. Introduce a practical, relevant, and transparent system of tracking and verifying data about participation of MWBEs in public contracting.