4-Exhibit J -TCCD HUB Program Manual -RFP 25-039 AE -FINAL.pdf

Historically Underutilized

Business Program Manual

RFQ 25-039

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

Tarrant County College District HUB, Version 7.28.2022 Program and Forms Required with Submission

TABLE OF CONTENTS

INTRODUCTION 1

POLICY STATEMENT 2

CERTIFICATION/VERIFICATION 3

M/WBE/HUB CONTRACT CLAUSES 4

M/WBE/HUB MODIFICATIONS OR SUBSTITUTIONS 5

INTENT TO PERFORM AS A SUBCONTRACTOR 5B

JOINT VENTURE, TEAMING AND MENTOR PROTÉGÉ PROGRAMS 6

MONITORING PAYMENTS 7

MWBE/HUB UTILIZATION SUPPORT 8

COOPERATIVE PURCHASING 9

OUTREACH PLAN/SUPPORT 10

TRACKING SUPPORT 11

SANCTIONS FOR NONCOMPLIANCE 12

ENFORCEMENT PENALTIES 13

GREIVANCE PROCEDURE 14

SEVERABILITY 15

CERTIFICATION 16

APPENDIX Forms/Definitions 17

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 1: INTRODUCTION

The Tarrant County College District Board initially adopted a Small Minority- and Women- Owned Business Enterprise Plan on August 24, 2006. The purpose of this update is to formally adopt the Texas Comptroller’s Program as required by Texas Government Code 2161.003. In addition, it provides a general update of the objectives and outreach strategies that will be employed to reach the stated goals.

Diversity and Minority/Women Business Enterprise (M/WBE) are terms frequently used when describing the fabric of our ever-changing workplace. Whether in reference to the internal staff of a business, corporation, or a group of entrepreneurial contractors, diversity and M/WBE/HUB supplier development initiatives should be an integral part of any organization that is committed to inclusion and providing equal opportunities for all qualified individuals.

Generally, M/WBE/HUB supplier development initiatives are greatly influenced by the internal diversity practices of an organization, which take a strong business rationale to drive diversity activity. When staff members are held accountable for embracing and utilizing ethnic, cultural and gender diversity, they are more inclined to accept the idea and make personal adjustments for a more productive work environment.

Utilization of a culturally diverse supplier base has clear advantages, and many business lead-ers see doing business with M/WBE/HUB firms as essential for staying competitive and shar-ing in business growth trends.

Tarrant County College District (TCCD) has a comprehensive M/WBE/HUB Program that will continue to guide TCCD’s mode of operation in project construction, purchasing of goods and services, and the functionality of all internal departments.

SECTION 2: POLICY STATEMENT

It is the policy of Tarrant County College District (TCCD) to form business alliances with Mi-nority- and Women-Owned Business Enterprises/Historically Underutilized Business (M/WBE/HUB) to maximize opportunities for M/WBE/HUBs to successfully compete in pro-curement processes for products and services purchased by TCCD. This policy is designed to actively encourage the largest possible audience to participate in TCCD’s M/WBE/HUB Pro-gram. M/WBE/HUBs will have equal opportunities to compete for contracts for products and services requested by TCCD.

This policy is designed for TCCD to be inclusive of M/WBE/HUBs in all procurement oppor-tunities when appropriate, depending on the category and scope of the initiatives. TCCD will develop a continuously updated source library of M/WBE/HUBs that demonstrate that they can successfully compete and meet the supply and service needs of TCCD.

All potential suppliers have access to TCCD bid opportunities by accessing www.tccd.edu, then, clicking on “Community”, then “Bids with TCC”.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

The TCCD district wide goals are based on the State of Texas HUB goals. TCCD includes the North Texas market of Tarrant-adjacent counties including Denton, Collin, Rockwall, Parker, Dallas, Johnson, Ellis, Kaufman which is consistent with the policies of the North Central Texas Regional Certifying Agency (NCTRCA). As of the date of adoption of this Plan, the statewide HUB goals for the procurement categories for the State of Texas are outlined below but may be updated from time-to-time at the discretion of the Texas Comptroller’s Office.

• 11.2% for heavy construction other than building contracts;

• 21.1% for all building construction, including general contractors and operative builders' contracts;

• 32.9% for all special trade construction contracts;

• 23.7% for professional services contracts;

• 26.0% for all other services contracts; and

• 21.1% for commodities contracts.

These goals were established based on a Disparity Study engaged by the Texas Comptroller of Pub-lic Accounts to comprehensively review the State’s utilization of HUBs and to evaluate various op-tions for program development.

Objectives of the TCCD Plan:

• Establish a philosophy and method to develop, maintain, and enhance M/WBE/HUB involvement in the contracting process by incorporating sensitivity to M/WBE/HUB inclu-sion in the RFQ and RFP processes and ensuring that M/WBE/HUBs available in the market are specifically identified for participation.

• Ensure that certified and qualified M/WBE/HUB firms are offered fair-share ad-vantages to compete for opportunities district-wide by documenting the participation of M/WBE/HUBs in the purchasing processes and the outcomes;

• Ensure that the Director of Purchasing builds M/WBE/HUB objectives into the pro-curement process and oversees with appropriate discipline including frequent audits to ensure effective execution of the Program.

• Provide M/WBE/HUB firms with job performance requirements and prerequisites for submitting proposals on all contracting opportunities initiated by TCCD and offer in-structions on the steps necessary to prepare and complete responses.

• Encourage all companies that submit proposals for TCCD contracts to form alliances with M/WBE/HUB firms and major organizations to create greater opportunities for successful and profitable business relationships, providing scoring credit when possible based on the procurement method.

• Keep M/WBE/HUB firms informed of current and upcoming opportunities through various media outlets such as TCCD’s newsletter, chambers of commerce postings, minority newspapers, and other sources that have direct contact with minority- and women-owned business communities.

TCCD is committed to offering equal opportunities for M/WBE/HUB firms to provide commercially useful goods and services. However, M/WBE/HUBs also have a responsibil-ity to access TCCD methods of communicating business opportunities.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 3: CERTIFICATION/VERIFICATION

TCCD will require M/WBE/HUB firms to be certified with the North Central Texas Re-gional Certification Agency (NCTRCA), the State of Texas Historically Underutilized Busi-nesses (HUB), DFW-Minority Supplier Diversity Council (DFW-MSDC), or Women’s Business Enterprise-Southwest (WBE-SW). This provides a standard verified process to ensure M/WBEs and HUBs meet statutory requirements.

SECTION 4: M/WBE CONTRACT CLAUSES

All applicable TCCD departments with contract administration and procurement re-sponsibilities will ensure that the following M/WBE/HUB clauses are included in all contracts and requests for bids or proposals subject to approval by the TCCD Board of Trustees and/or Chancellor. The inclusion of the M/WBE/HUB Program requirements and applicable percentage commitments as determined by TCCD in all proposal pack-ages will become binding parts of the contract.

• DISPUTE RESOLUTIONS

Prime contractors/vendors are encouraged to include appropriate language in their subcontract agreements that will be used to resolve disputes.

• PROMPT PAYMENT

As a part of its M/WBE Program, TCCD will include the following or a similar clause in each contract.

The Prime contractor/vendor agrees to pay each Subcontractor under this prime contract agreement for satisfactory performance of its subcontract, no later than ten (10) calendar days from receipt of each payment the Prime contractor re-ceives from the owner. Prime contractor/vendor further agrees to return re-tainage payments (if applicable) to each Subcontractor within ten (10) calendar days after Subcontractor’s work is completed. Any delay or postponement of payment, from the above-referenced schedule, may only occur for good cause following written approval from TCCD.

• NON-DISCRIMINATION ASSURANCE

As a part of its M/WBE/HUB Program, TCCD will include the following or a simi-lar clause in each contract:

During the performance of this contract, the contractor, subcontractor, or ven-dor agrees not to discriminate on the basis of race, color, national origin, sexual orientation, or disability. Failure to ensure non-discriminating efforts may re-sult in a material breach of contract, which in turn may result in the termination of the contract or other remedies that TCCD deems appropriate. The contractor/ vendor understands the requirement to include this clause in all subcontracts and purchase orders.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

• RETAINAGE

For all projects, retainage (if applicable), will be held by TCCD and paid when a contractor/vendor has fulfilled all obligations under the terms of the contract.

The Prime contractor/vendor agrees to return retainage payments (if applicable) to each Subcontractor in accordance with the requirements of the subcontracts after Subcontractor’s work is completed and accepted. Any delay or postpone-ment of payment from the above-referenced schedule may only occur for good cause following written approval from TCCD.

SECTION 5: M/WBE/HUB SUB-CONTRACTOR MODIFICATIONS OR SUBSTI-

TUTIONS

This provision applies to all modifications and substitutions of M/WBE/HUB subcon-tractors under the awarded contract. The contractor/vendor will be required to comply with this provision to the extent needed to achieve M/WBE/HUB percentage or goal.

A. For every contract or bid, the Prime contractor/vendor will provide a separate letter of intent for each identified Subcontractor on its team. If a contract is awarded, it is expected that the Subcontractors identified in the Letter of Intent will actually per-form the work.

B. The Prime contractor/vendor must submit to TCCD written documentation prior to the termination or substitution of a M/WBE/HUB Subcontractor in the event a Prime contractor/vendor requests to terminate or substitute a M/WBE/HUB Sub-contractor listed to fulfill the contract requirements, and Prime Contractor subse-quently performs the work with its own forces, an affiliate, a non-M/WBE/HUB Subcontractor or other M/WBE/HUB Subcontractor. This will include any changes to items of work, material, services, or M/WBE/HUB firms that differ from those identified in the Intent to Perform as a Subcontractor Form on file with TCCD (re-fer to Intent to Perform as a Subcontractor Form in Section 17). The vendor/con-tractor must provide any and all documentation and information as may be re-quested with respect to the requested change.

C. The vendor/contractor’s documentation will include the specific reasons for the proposed change. Reasons that are acceptable include but are not limited to:

M/WBE/HUB was not able to perform; M/WBE/HUB was unable to produce ac-ceptable work; and/or M/WBE/HUB submitted an unreasonable escalation in price.

If a M/WBE/HUB Subcontractor is substituted for another M/WBE/HUB Subcon-tractor, the Contractor will include the name, address, certification number, and principal office of the proposed M/WBE/HUB firm in its documentation. After providing an opportunity for the Contracting Department to make its recommenda-tions, TCCD will approve or reject the change.

D. If the change involves a Subcontractor substitution, the vendor/contractor must make a good faith effort to replace the M/WBE/HUB with another M/WBE/HUB.

The replacement firm must be NCTRCA, HUB, DFW-MSDC, or WBE-SW certi-fied in order for vendor/contractor to receive credit for fulfilling the M/WBE/HUB participation goal. In the event that the vendor/contractor is unable to contract with

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates another M/WBE/HUB firm, good faith effort documentation must be provided to the Contracting Officer describing the unsuccessful attempts to locate a substitute M/WBE/HUB. In all situations, the Contractor may not terminate or replace a M/WBE/HUB Subcontractor without the prior written consent from TCCD.

E. With the request for change, the vendor/contractor must submit a new Intent to Per-form as a Subcontractor Form to verify that the firm(s) is NCTRCA, HUB, DFW- MSDC, or WBE-SW certified. TCCD will notify the vendor/contractor in writing of the decision as expeditiously as possible. If the contract has been awarded and TCCD approves the proposed substitute Subcontractor in writing, the Contractor will provide a copy of the newly executed subcontract agreement with the proposed M/WBE/HUB firm to TCCD within ten (10) business days of receipt of the substi-tution approval.

F. If the change involves a modification, vendor/contractor must submit, if applicable, the Intent to Perform as a Subcontractor Form specified for contract modifications for any M/WBE/HUB Subcontractor affected by this change. This form may be ob-tained from TCCD.

If the Contractor does not comply with this provision, TCCD may elect to apply avail-able remedies as appropriate.

SECTION 6: JOINT VENTURE, TEAMING, AND MENTOR-PROTÉGÉ PRO-

GRAMS

A. TCCD will encourage joint ventures, teaming arrangements, and mentor-protégé programs to ensure prime contracting opportunities for M/WBE/HUB firms on eli-gible projects.

B. If a Contractor or Consultant engages in a joint venture, teaming arrangement, or mentor-protégé program to satisfy the M/WBE/HUB commitment, TCCD will have access to and may review, evaluate, and accept or reject all contractual agreements and other pertinent documents regarding the following:

• Initial capital investment of each venture partner or team member;

• Allocation of profits and losses to each venture partner or the participation percentage to each team member;

• Sharing of the right to control the ownership and management of the joint ven-ture or team;

• Actual participation of venture partners in the performance of the contract;

• Method of, and responsibility for, accounting;

• Methods by which disputes are resolved; and

• Other pertinent joint venture or teaming arrangement factors.

• Contractor’s equal business opportunity commitment, to the mentor protégé rela-tionship.

Protégé firm must be NCTRCA, HUB, DFW-MSDC or WBE-SW certified.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

• A written mentor-protégé agreement must be completed by both parties en-gaged in the mentor- protégé arrangement and must be executed before a no-tary public. The agreement will clearly delineate the rights and responsibili-ties of each mentor-protégé and for their assigned contracting activity. Parties must agree to enter into the relationship for a minimum of one year.

• Protégé firm will not be permitted to re-subcontract any of its work to the mentor firm. The protégé firm will not re-subcontract or reassign any of its work to any other Contractor without TCCD’s prior written approval.

Protégé firms may be used to satisfy up to 100 percent of the total M/WBE/HUB goal for any contracted project or service.

SECTION 7: MONITORING PAYMENTS TO M/WBE/HUB FIRMS

To ensure that the Prime Contractor meets all M/WBE/HUB obligations under con-tract, TCCD will review the Contractor’s M/WBE/HUB involvement during the life of the contract.

The Prime Contractor will submit invoices monthly or as designated by the contract documents. TCCD will pay approved invoices or payment requests within thirty (30) calendar days. The Prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance in accordance with requirements of the subcon-tract. TCCD may require written notification when payment has been sent to the Subcontractor (refer to Proof of Payment Certification Form in Section 17).

Concurrently, with the submission of each invoice or payment request, the Contractor will provide a breakdown of the amounts previously paid to all M/WBE/HUB firms identified by the Contractor to participate in the contract. Prime Contractors will sub-mit a Vendor Payment Report Form with all supporting documents (see Vendor Pay-ment Report Form in Section 17).

All reports of noncompliance will be referred to the Director of Purchasing, and if appropriate, to TCCD’s legal counsel for review.

In order to monitor the progress of its M/WBE/HUB Program, TCCD will maintain a record-keeping system designed to:

• Assess M/WBE/HUB use on all TCCD contracts and subcontracts.

• Identify and monitor Prime Contractor’s and Subcontractor’s M/WBE/HUB inclusion and utilization.

On a monthly basis, TCCD will monitor TCCD’s progress and performance in achiev-ing the M/WBE/HUB quality and quantity goals. Reviews will take place on a quar-terly and annual basis (or as outlined in active prime contract agreements).

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 8: MWBE UTLIZATION SUPPORT

TCCD will implement procedures to support MWBE/HUB utilization of bids and con-tract awards that emphasize the inclusion of M/WBE/HUB firms. The successful bidder will be selected on qualifications, reasonable pricing, and best value.

A. M/WBE UTILIZATION REQUIREMENTS

1. In addition to the requirements set elsewhere, bid conditions will include a statement of the M/WBE/HUB percentage/goal established for the project.

The requirements below also apply to circumstances where change orders or extra work give rise to new trade or vendor opportunities outside the origi-nal scope of work.

2. Bid conditions and all other specifications for applicable contracts to be awarded by TCCD will require that vendors/contractors make a good faith effort to subcontract with (unless self-performing), or purchase supplies from, M/WBE/HUB firms. Such specifications will require vendors/contrac-tors to meet or exceed the stated goal or submit documentation of good faith efforts for all applicable contracts to permit a determination of compliance with the specifications.

3. All contracts (with an estimated cost of $50,000.00 or more) will be awarded and administered in accordance with the following standards and procedures:

• Competitive bids for applicable contracts will include M/WBE/HUB participation goals and accompanying documenta-tion in the bid specifications. M/WBE/HUB documentation con-sists of the Special Instructions for Bidders, Affidavit Statement, M/WBE/HUB Utilization, Good Faith Effort (refer to forms in Section 17)

• Competitive bids where the vendor/contractor meets or exceeds the M/WBE/HUB project percentage/goal must document M/WBE/HUB subcontractors or partners on the Subcontractor Uti-lization Form or the Joint Venture Form.

• Competitive bids where the vendor/contractor has subcontracting and/or supplier opportunities but does not include M/WBE/HUB participation that is equal to or exceeds the project percentage/goal must submit the Subcontractor Utilization Form and the Good Faith Effort Form and documentation.

• Competitive bids where the vendor/contractor has subcontracting

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates and/or supplier opportunities but does not include M/WBE/HUB participation must submit the Subcontractor Utilization Form and the Good Faith Effort Form and appropriate documentation.

4. The vendor/contractor must submit the Subcontractor Utilization Form and/or Good Faith Effort Form, and appropriate documentation. The ven-dor/contractor must obtain a receipt from the appropriate employee of the Managing Department where delivery was made. Such receipt will be evi-dence that TCCD received the documentation. The submission of the appli-cable completed form(s) submitted within the allotted time will be consid-ered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of M/WBE/HUB goals and documen-tation, will render vendor/contractor as nonresponsive.

5. The good faith effort documentation will demonstrate the vendor/contrac-tor’s commitment and honest efforts to utilize M/WBE/HUB firms. The burden of preparing and submitting the good faith effort information is on the vendor/contractor and will be evaluated as part of the responsiveness to the bid/proposal. A vendor/contractor who intentionally and/or knowingly misrepresents facts on the documentation submitted will be classified as nonresponsive and subject to debarment, and/or exclusion from future con-tract consideration.

B. BEST VALUE CRITERIA for TCCD M/WBE/HUB PROGRAM

TCCD will implement procedures for construction and purchase of goods and ser-vices under the formal bid amount to emphasize the inclusion of M/WBE/HUB firms.

C. DEMONSTRATION OF GOOD FAITH EFFORTS

In making a determination that the vendor/contractor has made a good faith effort to meet the M/WBE/HUB percentage as determined by TCCD, TCCD will con-sider, among other things, the criteria set forth below. The vendor/contractor will furnish, as a part of its M/WBE/HUB utilization information, specific documenta-tion concerning the steps it has taken to obtain M/WBE/HUB participation, with a consideration of, by way of illustration and not limitation, the following factors:

1. Whether the vendor/contractor attended any pre-bid or pre-proposal meet-ings scheduled by TCCD to discuss M/WBE/HUB participation opportuni-ties;

2. Whether the vendor/contractor advertised in general circulation, trade asso-ciation, and or M/WBE/HUB–focused media concerning subcontracting op-portunities;

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

3. Whether the vendor/contractor provided written notice to a reasonable num-ber of M/WBE/HUB firms that their interest in the contracts was being so-licited in sufficient time to allow M/WBE/HUB firms to participate effec-tively;

4. Whether the vendor/contractor followed up with initial solicitations of inter-est by contracting the M/WBE/HUB firm to determine with certainty whether the M/WBE/HUB firm was interested;

5. Whether the vendor/contractor selected portions of the work to be per-formed by M/WBE/HUB firms in order to increase the likelihood of meet-ing the M/WBE goals (including, where appropriate, breaking down the contract into economically feasible subcontracts to facilitate M/WBE/HUB participation);

6. Whether the vendor/contractor provided interested M/WBE/HUB firms with adequate information about the plans, specifications, and scope of work and requirements of the contract;

7. Whether the vendor/contractor negotiated in good faith with M/WBE/HUB firms, not rejecting M/WBE/HUB firms as unqualified without sound rea-sons based on a thorough investigation of their capabilities;

8. Whether the vendor/contractor negotiated in good faith with interested M/WBE/HUB firms, using good business judgment, taking into considera-tion the M/WBE/HUB Subcontractor’s price quote and not rejecting reason-able quotes from interested M/WBE/HUB firms;

9. Whether the vendor/contractor made efforts to assist interested M/WBE/HUB firms in obtaining bonding, lines of credit, insurance, etc., as required by TCCD;

10. Whether the vendor/contractor made efforts to assist M/WBE/HUB firms in obtaining necessary equipment, supplies, materials, or related assistance or services;

11. Whether the vendor/contractor effectively used the services of ethnic cham-bers of commerce, available minority and women organizations; community organizations; contractor groups; local, state, and federal business assistance offices; and other organizations that provide assistance in identifying M/WBE/HUB firms;

12. Whether the vendor/contractor obtained written documentation from a po-tential Subcontractor or a bona fide surety company indicating that bonding

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates was denied prior to the M/WBE/HUB being rejected as a potential Subcon-tractor for failing to obtain vendor/contractor–required bonding. Documen-tation furnished by a surety company will be subject to verification by

TCCD;

13. Whether the vendor/contractor has attained a sufficient level of M/WBE/HUB participation to meet the contract goal will also be taken into consideration in determining whether the vendor/contractor in question has made a good faith effort.

TCCD will review not only the different kinds of efforts made by the vendor/con-tractor but also the quantity and quality of those efforts. Efforts that are merely pro forma are not good faith efforts to meet the goal (even if they are sincerely moti-vated). If, given all relevant circumstances, the vendor/contractor efforts could not reasonably be expected to produce a level of M/WBE/HUB participation sufficient to meet the goal, the contracting officer will be responsible for determining the suf-ficiency of the vendor/contractor good faith efforts.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

M/WBE/HUB Utilization Support

Vendor searches will assist Prime Contractors in their effort to reach and exceed the project goal. Certification screening and follow-up with all Subcontractors and Vendors is critical to the entire procurement process. Education and communication are also key components of M/WBE/HUB utilization support.

TCCD MWBE UTILIZATION SUPPORT

Vendor Searches Certification Screening

Follow-Up

“How To Do Business” Workshops

Bonding Education Pre-Bid Conferences

Certified Database Qualified Database

NCTRCA/HUB

DFW-MSDC

WBE-SW

Minority Chambers Community Organizations Prime & Subcontractors

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 9: COOPERATIVE PURCHASING

State statutes allow public entities to improve procurement efficiency through participation in coop-erative agreements in a variety of forms, Buy Boards, DIR, interlocal agreements with other units of local government, etc. The intent is to avoid replication of competitive bidding across public en-tities which is critical to the efficient operation of government.

Prior to utilizing this form of procurement, TCC will evaluate if M/WBE/HUB goals were estab-lished in the base contract and/or if the product or service has M/WBE/HUB capacity within the market.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 10: OUTREACH PLAN

The TCCD team will work with business groups that support the inclusion of M/WBE/HUB firms in the solicitation of bids. These groups include: Fort Worth Hispanic Chamber, Fort Worth Metropolitan Black Chamber, Tarrant County Asian Chamber, American Indian As-sociation, Women in Construction, Women in Engineering, Regional Black Contractors As-sociation, Hispanic Contractors Association, Business Assistance Center, Tarrant Small Business Development Center (SBDC), and other appropriate organizations. Links to Web sites (where possible) will help M/WBE/HUB firms gain broader access to bidding infor-mation, business development resources, and training opportunities.

Strong emphasis will be placed on the importance of soliciting certified M/WBE/HUB firms for subcontracting opportunities at pre-bid conferences and in bid documents. TCCD will examine specifications to identify special subcontracting opportunities, and strongly encourage Prime Contractors and Bidders to solicit Subcontractor bids from M/WBE/HUB firms.

The TCCD team will assess the effectiveness of the M/WBE/HUB Program and identify opportunities to enhance the Program by evaluating M/WBE/HUB participation, compli-ance and reviewing the good faith efforts provided in bid packages. Feedback will be given to bidders regarding their submitted good faith efforts.

The TCCD team will identify subcontracting opportunities unique to each construction con-tract and procurement bid. The TCCD team will also concentrate heavily on targeting certi-fied M/WBE/HUB firms that have expressed an interest in TCCD. Contacts will be made to interested businesses no later than ten days prior to the bid opening, and a list of Prime Con-tractors that are pre-qualified to bid on the project will be provided to interested M/WBE/HUB Firms.

OUTREACH SUPPORT

Tarrant County College District, providing outreach support, will utilize the NCTRCA, HUB, DFW-MSDC, or WBE-SW as resources. Additional sources to be utilized include:

• Community Partnerships

• Job Fairs

• Employment Fairs

• Partnership Newsletters

• Pre-bid Meetings

• Student Business Education Fairs

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

TCCD OUTREACH SUPPORT

Community Partnership Outreach Newsletters

Tarrant County Tarrant County Tarrant County

FWHCC Ethnic Festivals (Stakeholders)

FWBCC Vendor Fairs Board of Directors

BAC Chinese New Year Elected Officials

AAACC Juneteenth Chambers of Commerce

RHCA Minority Business Owners

RBCA Women Business Owners

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 11: TRACKING SUPPORT

One of the greatest values of a comprehensive M/WBE/HUB Program is to develop and implement the plan, work through the challenges, evaluate the accomplishments, and celebrate the successes. Tracking allows TCCD Team to document successes. The critical area for the plan is the tracking component for all TCCD M/WBE/HUB utiliza-tion.

A system wide tracking program will be maintained by the TCCD team to provide a uniform procedure. Timeliness in capturing measurable results is key to the tracking process. TCCD staff will evaluate and track M/WBE/HUB participation on contracts on a monthly basis and report performance against the adopted goal percentages on a quarterly basis to the Board of Trustees. The tracking program will allow testing and evaluation of critical program components on a monthly basis. It will also assist in the evaluating of “best practices.” The quarterly report to the Board of Trustees will also include all outreach activities during the period being reported.

Tracking documents will require a monthly commitment from all partners involved.

Reporting forms will be developed by the TCCD team to capture all elements in a timely manner. The areas designated for tracking include:

• Construction and Goods & Services contracts

• Prime Contractors

• Good Faith

• M/WBE/HUB Participation

• Multiple Tiered

• Compliance

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 12: SANCTIONS FOR NONCOMPLIANCE

A. The Good Faith Effort documentation will demonstrate the vendor/contractor’s commitment and honest efforts to include M/WBE/HUB firms. The burden of pre-paring and submitting the Good Faith Effort information is on the Contractor and will be evaluated as part of the responsiveness to the bid/proposal (refer to Good Faith Effort Form in Section 17). Intentionally and/or knowingly misrepresenting facts on the documentation submitted may constitute a basis for classification as nonresponsive and possible termination (and/or the possible exclusion from future contracting opportunities).

B. A Contractor’s failure to make payments to Subcontractors in accordance with re-quirements of the Subcontract may require TCCD to withhold future payments from Contractor until compliance is attained.

C. Contract Suspension:

1. A Contractor who intentionally and/or knowingly misrepresents facts will be determined to be an irresponsible Contractor and may be suspended from participating in TCCD work for a period of not less than three (3) years.

2. The failure of a Contractor to otherwise comply with TCCD’s M/WBE/HUB Program constitutes a material breach of contract as stated herein, and may result in the Contractor being classified as an irresponsible Contractor and suspension from participating in TCCD work for a period of time of not less than one (1) year.

3. Any M/WBE/HUB Subcontractor or Supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of the Program may also be classified as irresponsible for a period of time not to exceed one (1) year. If deemed irresponsible, such M/WBE/HUB will not be included in calculating Contractor’s responsiveness and will be barred from bidding on TCCD work.

4. If TCCD determines that sanctions are warranted, TCCD will send a certi-fied notice to the Contractor, Subcontractor, or Supplier (“Participant”) de-scribing the infraction and the sanction.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 13: ENFORCEMENT PENALTIES

All participants in the M/WBE/HUB Program must comply with TCCD requirements as set forth in the M/WBE/HUB Program, and applicable federal and state laws. TCCD reserves the right to apply all remedies available under federal, state, and local laws, including, but not limited to, responsibility determinations in future contracts, suspen-sion and sanction procedures, and forfeiture of profits as provided for elsewhere.

TCCD may recommend additional sanctions against Contractors/Consultants that are found to be in noncompliance with the M/WBE/HUB Program requirements of M/WBE/HUB contract provisions at any time during the term of a TCCD contract.

TCCD may report any suspected false, fraudulent, or dishonest conduct to the appro-priate parties or any applicable enforcement agency, including the Texas Attorney General’s Office.

SECTION 14: GRIEVANCE PROCEDURE

TCCD has developed timely procedures for filing grievances related to sanctions for noncompliance. In the event the Participant is not satisfied with a sanction decision, Participant may appeal the sanction by filing a grievance in the form of a letter disputing the claims within (10) working days of the delivery of the sanction notice:

Step I – File documentation with the Director of Procurement, who will respond within ten (10) working days of receipt of the grievance unless a meeting is requested by the Participant which will be scheduled within 30 days; if an in-person meeting occurs, Par-ticipant may appear with legal counsel but most notify TCCD of this intent with the filed grievance;

Step II – If dissatisfied with the outcome of Step I, file grievance with Chief Oper-ating Officer within ten (10) working days of receipt of response from the Director of Procurement. Chief Operating Officer will respond within ten (10) working days.

Step III – If dissatisfied with the outcome of Step II, file grievance with Chancel-lor within ten (10) working days of receipt of response from the Chief Operating Officer for decision. Chancellor will respond within ten (10) working days and the decision is final.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

SECTION 15: SEVERABILITY

Provisions of this M/WBE/HUB Program are declared to be separate and severable. The in-validity of any clause, sentence, paragraph, subdivision, section, or portion of the M/WBE/HUB Program, or the invalidity of the application thereof to any person or circum-stance, will not affect the validity of the remainder of this Program, or the validity of its ap-plication to other persons or circumstances.

SECTION 16: CERTIFICATION

Tarrant County College District (TCCD) has selected the NCTRCA, HUB, DFW- MSDC and WBE-SW as its official certification agencies for all M/WBE/HUB firms.

Each of the approved certification agencies use certification guidelines established by the U. S. Department of Transportation, Title 49 CFR Park 26 and from the Federal Aviation Administration as applicable.

www.nctrca.org www.wbcsouthwest.org www.dfwmsdc.com www.comptroller.texas.gov/purchasing/vendor/registration

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

APPENDIX

Section 17

APPENDIX TABLE OF CONTENTS

SPECIAL INSTRUCTIONS FOR BIDDERS 1

• Must comply with bid specifications for M/WBE/HUB Program applicable percentage as determined by TCCD.

AFFIDAVIT STATEMENT 2

• Statement of compliance with the M/WBE/HUB Program

M/WBE/HUB UTILIZATION FORM 3

• Prime Contractor agreement with M/WBE/HUB firms

GOOD FAITH EFFORT 4

• Documentation of efforts made to utilize M/WBE/HUB firms

M/WBE/HUB DEVELOPMENT QUESTIONNAIRE 5

INTENT TO PERFORM AS A SUBCONTRACTOR 6

• Identify subcontractors selected for work on the Contract

PROOF OF PAYMENT CERTIFICATION 7

• Final Bills Paid Affidavit by Contractor

• Conditional Waiver and Release on Final Payment

• Conditional Waiver and Release on Partial Payment o Form to be completed when invoice payment is issued by Prime to Subcontractor, Sub-consultant or Supplier

REQUEST FOR APPROVAL OF CHANGE TO ORIGNIAL 8

SCHEDULE OF SUBCONTRACTOR

• M/WBE/HUB Modification or Substitution of Subcontractors/Suppliers

DEFINITIONS 9

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

22 Instructions

TCCD M/WBE/HUB SPECIFICATIONS FORM

SPECIAL INSTRUCTIONS FOR BIDDERS

APPLICATION OF POLICY

POLICY STATEMENT

It is the policy of the TCCD to ensure the full and equitable participation by M/WBE/HUB firms in the procurement of all goods and services to TCCD on a contractual basis. The objective of the Pol-icy is to increase the use of M/WBE/HUB firms to a level comparable to the availability of qualified M/WBE/HUB firms, which provide goods and services directly or indirectly to TCCD.

M/WBE PROJECT

TCCD M/WBE/HUB minimum goal on this project is % (will be determined on the basis of availability and capacity during specific bidding periods) of the base bid value of the contract.

COMPLIANCE TO BID SPECIFICATIONS

For TCCD contracts of $50,000.00 or more, bidders are required to comply with the intent of the TCCD’s M/WBE/HUB Program by either of the following:

1. Meet or exceed the above stated minimum M/WBE/HUB % (as determined by TCCD); or

2. Good Faith Effort documentation.

SUBMITTAL OF REQUIRED DOCUMENTATION

The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications.

1. M/WBE/HUB Affidavit Statement: received with the bid documents on bid opening date.

2. M/WBE/HUB Utilization Form: received with the bid documents on bid opening date.

3. Good Faith Effort Form: received with the bid documents on bid opening date.

If the total dollar value of the contract is $50,000.00 or more, the M/WBE/HUB goals are applicable. If the total dollar value of the contract is less than $50,000.00, the M/WBE/HUB goals are not applicable.

FAILURE TO COMPLY WITH TCCD M/WBE PROGRAM, WILL RESULT IN THE BID

BEING CONSIDERED NONRESPONSIVE TO SPECIFICATIONS.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

23 Affidavit Statement

(PAGE 1 OF 1)

TCCD M/WBE SPECIFICATIONS FORM

AFFIDAVIT STATEMENT

Project Name:

Project No.: TCCD % :

The undersigned bidder hereby certifies that they will comply with TCCD’s M/WBE/HUB Program and the specifications of this bid in the following manner:

[Check all applicable categories]

1. THE M/WBE/HUB PARTICIPATION WILL MEET OR EXCEED THE STATED

%, WILL COMPLETE THE M/WBE UTILIZATION FORM.

2. THE M/WBE/HUB PARTICIPATION WILL BE LESS THAN THE STATED

%, WILL COMPLETE THE UTILIZATION FORM AND

GOOD FAITH EFFORT FORM.

3. NO M/WBE/HUB PARTICIPATION, WILL COMPLETE GOOD FAITH EFFORT FORM.

Authorized Signature Printed Signature

Title Contact Name and Title (if different)

Company Name Contact Telephone Number(s)

Address Fax Number

City/State/Zip Code Date

FAILURE TO SUBMIT THIS COMPLETED AFFIDAVIT STATEMENT WITH THE BID

AT TIME OF BID OPENING WILL RESULT IN THIS BID BEING CONSIDERED NON-

RESPONSIVE TO SPECIFICATIONS.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

24 M/Wbe/Hub Utilization Form

(PAGE 1 OF 2)

TCCD M/WBE/HUB SPECIFICATIONS FORM

M/WBE/HUB UTILIZATION

PRIME COMPANY NAME BID DATE

PROJECT NAME PROJECT NUMBER

TCCD’S M/WBE/HUB PROJECT: % M/WBE/HUB PERCENTAGE ACHIEVED:

The undersigned bidder agrees to enter into a formal agreement with the M/WBE/HUB firms for work listed in this schedule, conditioned upon execution of a contract with TCCD.

The willful misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered nonresponsive to specifications.

Company Name, Contact Name, Address, Telephone No.

M/WBE/

HUB

Cert. (*) Agency

Scope Of Work

Specify Tier (**)

Dollar Amount

THIS FORM MUST BE RECEIVED WITH THE BID DOCUMENTS ON BID OPENING DATE.

(*) Acceptable certifying agencies please specify: (NCTRCA) North Central Texas Regional Certification Agency

(**) Only first and second tier acceptable

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

M/Wbe/Hub Utilization Form

(PAGE 2 OF 2)

TCCD M/WBE/HUB SPECIFICATIONS FORM

M/WBE/HUB UTILIZATION

Company Name, Contact Name, Address, Telephone No.

M/WBE/

HUB

Cert. (*) Agency

Scope of Work

Specify Tier (**)

Dollar Amount

The bidder further agrees to provide, directly to TCCD upon request, complete and accurate information regarding actual work performed by all Subcontrac-tors, including M/WBE/HUB arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records, and files held by their company that will substantiate the actual work performed by the M/WBE/HUB on this contract, by an authorized officer or employee of TCCD.

Any willful misrepresentation will be grounds for terminating the contract or de-barment from TCCD work for a period of not less than three (3) years and for initiating action under federal, state or local laws concerning false statements.

All M/WBE/HUB firms MUST BE CERTIFIED BEFORE CONTRACT AWARD.

Authorized Signature Company Name

Title Date

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

26 Good Faith Effort

(PAGE 1 OF 4)

TCCD M/WBE SPECIFICATIONS FORM

GOOD FAITH EFFORT

In making a determination that a good faith effort has been made, TCCD requires the Bidder to com-plete these forms and submit supporting documentation explaining specifically how the Bidder has made a good faith effort to obtain M/WBE/HUB participation.

Prime Company Name Bid Date

Project Name Project Number

If the Bidder’s method of compliance with the M/WBE/HUB goal is based upon demonstration of a “good faith effort,” the Bidder will have the burden of correctly and accurately preparing and submitting the documentation required by TCCD. Compliance with each item, 1 through 8 below, will satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the Bidder.

1. Please list each and every subcontracting and/or supplier opportunity that will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE/HUB or non-M/WBE/HUB. (Use additional sheets, if necessary)

List of: Subcontracting Opportunities Supplier Opportunities

If you have failed to secure M/WBE/HUB participation, and you have subcontracting and/or supplier opportunities, or if your M/WBE/HUB participation is less than TCCD’s project goal, you must complete this form.

Failure to complete this form in its entirety with supporting documentation and fail-ure to include with your bid will result in the bid being considered non-responsive to bid specifications.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

27 Good Faith Effort

(PAGE 2 OF 4)

2. Did you obtain a current list of M/WBE/HUB firms from the TCCD Contracting Office? This list is considered in compliance if it is less than two months old from the date of bid opening.

Yes No

3. Did you attend the Pre-Bid Conference scheduled by the TCCD?

Yes Date of Pre-Bid / / No N/A (Pre-Bid not scheduled by TCCD)

Did you request bids from M/WBE/HUB firms in attendance at the Pre-Bid Conference?

Yes M/WBE/HUB Company Contacted Person

No

N/A (No M/WBE/HUB firms at Pre-Bid)

4. Did you solicit bids from M/WBE/HUB firms, within the subcontracting and/or supplier areas previously listed, on a timely basis by mail?

Yes If yes, attach M/WBE/HUB mail listing and dated copy of letter mailed.

No

5. Did you solicit bids from M/WBE/HUB firms, within the subcontracting and/or suppliers areas previously listed, on a timely basis by telephone?

Yes If yes, attach list to include name of M/WBE/HUB firm, person contacted, phone number, and date of contact.

No

6. Did you solicit bids from M/WBE/HUB firms, within the subcontracting and/or suppliers areas previously listed, on a timely basis by advertisement in local newspaper(s)?

Yes If yes, attach copy(s) of advertisement, with date(s).

No

Note: “On a timely basis” is considered ten (10) days prior to bid opening.

Note: If an SIC list of M/WBE/HUB firms is five or less, the Bidder must contact the entire list to be in compliance with questions 4 and 5. If an SIC list of M/WBE/HUB firms is more than five, the Bidder must contact at least two-thirds of the list but not less than five to be in compliance with questions 4 and 5.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

Good Faith Effort

(PAGE 3 OF 4)

7. Did you provide plans and specifications to potential M/WBE/HUB firms or information regard-ing the location of plans and specifications in order to assist the M/WBE/HUB firms?

Yes

No

8. If M/WBE/HUB bids were received and rejected, you must (1) list the M/WBE/HUB firms and the reason(s) for rejection (i.e. qualifications, quotation not commercially reasonable, etc.) and

(2) attach documentation to support the reason(s) listed below (i.e. letters, memos, bids, tele-phone calls, meetings, etc.) Please use additional sheets, if necessary, and attach.

Company Name Address Telephone Contact Person

Scope of Work

Specify

M/WBE/

HUB

Reason for Rejection

Note: Bidders who continuously list the same M/WBE/HUB firms when contact has pre-viously been unsuccessful as a result of disconnected numbers or returned mail will not be deemed in compliance with the Good Faith Effort requirements.

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

Good Faith Effort

ADDITIONAL INFORMATION: (PAGE 4 OF 4)

Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE/HUB participation on this project.

The Bidder further agrees to provide directly to TCCD upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof, and any proposed changes to the original arrangements submitted with this bid. The Bidder also agrees to allow an audit and/or examina-tion of any books, records, and files held by their company that will substantiate the actual work per-formed on this contract, by an authorized officer or employee of TCCD.

Any willful misrepresentation will be grounds for terminating the contract or debarment from TCCD work for a period of not less than three (3) years and for initiating action under federal, state, or local laws concerning false statements.

The undersigned certifies that the information provided and the M/WBE/HUB firm(s) listed was/were contacted in good faith. It is understood that any M/WBE/HUB firms listed will be contacted and the reasons for not using them can be verified.

Authorized Signature Printed Signature

Title Contact Name and Title (if different)

Company Name Telephone Number(s)

Address Fax Number

City/State/Zip Date

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

30 M/Wbe/Hub Development Questionnaire

M/WBE/HUB DEVELOPMENT QUESTIONNAIRE

[Please circle appropriate tier]

NOTE: Vendors are to complete this form along with a copy of the Contractor and 1st Tier, 2nd Tier, and/or 3rd Tier Subcontractor/Supplier Participation Forms and return it in a separate envelope to:

Tarrant County College District 1500 Houston Street

Fort Worth, Texas 76102-6599

FIRM NAME:

FIRM ADDRESS:

TELEPHONE:.

FAX NUMBER:

E-MAIL ADDRESS:

CONTACT PERSON’S NAME AND PHONE NO.

SIGNATURE OF FIRM’S AUTHORIZED OFFICIAL:

NAME AND TITLE (Type or Print):

COMPANY MAJORITY OWNERSHIP (Check one in each column)

ETHNICITY GENDER LOCATION

African American (AA) Male Fort Worth (FTW) Asian Pacific American (APA) Female Texas (T)

Caucasian (C) Out of State (OS)

Hispanic American (HA) Specify State

Native American (NA)

Other (OT) Specify Publicly Owned

(PO)

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

31 M/Wbe/Hub Development Questionnaire

Please provide information regarding certifying agency (if any)

Name of Agency Certificate Number Expiration Date

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

32 Intent To Perform as a Subcontractor

M/WBE/HUB INTENT TO PERFORM AS A

SUBCONTRACTOR FORM

(POTENTIAL PROFESSIONAL/CONTRACTOR/VENDOR TO IDENTIFY SUBCON-

TRACTORS SELECTED FOR WORK ON THE CONTRACT)

Prime Contractor:

Vendor Identification Number:

Address:

Phone: - - Bid Number:

Contract Amount: $

Description of commodities/specifications:

Time Period:

Name of Subcontractor/Supplier:

Address:

Phone: Email Address:

Is the subcontractor certified by NCTRCA? Yes No

Dollar amount of contract with this Subcontractor/Supplier: $

Percentage amount of contract with this Subcontractor/Supplier: %

Exhibit J: RFQ #25-039: Architectural and Engineering Services for Data Center MEP Updates

33 Intent To Perform as a Subcontractor

Description of work performed under agreement with the Subcontractor for amount indicated above:

PLEASE SUBMIT A SEPARATE FORM FOR EACH SUBCONTRACTOR/SUPPLIER

SERVICE

Exhibit J: RFQ #25-039: Architectural and Engineering Services for…