19-Attachment Z – MWBE Trucking Procedure Compliance Packet.pdf

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