ESBD_388285_1740173951419_TCEQ_Pre-Proposal Conferences_HUB Program_04-02-24.pdf

Claribel Diaz – HUB Program Coordinator Maria Rodriguez –Assistant HUB Program Coordinator

Texas Statewide Historically

Underutilized Business (HUB)

Program

Mentor Protégé Program

Mentor Protégé Program

Important Links

Important Links

Key PersonnelKey Personnel

HUB

Subcontracting

Plan (HSP)

HUB

Subcontracting

Plan (HSP)

Good Faith Efforts (GFE) Good Faith

Efforts (GFE)

Texas Rules/Codes

Texas Rules/Codes

Topics of Discussion

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• The State of Texas’ Historically Underutilized Business (HUB) Program was created to promote full and equal procurement opportunities for small, minority- and women-owned businesses.

• If a state agency determines that subcontracting opportunities are probable, the Solicitation must document the requirement of the HUB Subcontracting Plan (HSP).

Texas Rules/Codes

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Texas Statewide Rules

Texas Government Code (TGC)

2161.252 - Contracts of $100,000 or higher, Agency must determine whether subcontracting opportunities are probable. Note: TCEQ’s internal policy is $90K or higher.

34 Texas Administrative Code (TAC), §20.281 - §20.298 - A Respondent may demonstrate good faith effort to utilize

Texas certified HUBs for its subcontracting opportunities.

Texas Statewide Rules

Texas Government Code (TGC)

2161.252 - Contracts of $100,000 or higher, Agency must determine whether subcontracting opportunities are probable. Note: TCEQ’s internal policy is $90K or higher.

34 Texas Administrative Code (TAC), §20.281 - §20.298 - A Respondent may demonstrate good faith effort to utilize

Texas certified HUBs for its subcontracting opportunities.

Federal Rule Environmental Protection

Agency (EPA)

Title 40 Part 33 - Code of Federal Regulations (CFR)

Federal Rule Environmental Protection

Agency (EPA)

Title 40 Part 33 - Code of Federal Regulations (CFR)

Texas Rules/Codes

Commodities 21.1%

Other Services 26.0%

Professional Services 23.7%

Special Trade 32.9%

Building Construction 11.2%

Heavy Construction 11.2%

34 Texas Administrative Code (TAC), §20.284

This rule states that each agency may achieve the statewide and/or agency-specific annual

HUB goals specified in the Legislative Appropriations Request (LAR) by contracting directly with HUBs or indirectly through subcontracting opportunities.

Contracts are based on procurement categories.

Note: TCEQ doesn’t have construction contracts.

CPA Statewide HUB Goals Procurement Categories

Good Faith Efforts

(GFE)

Subcontracting and meeting/exceeding the contract HUB Goal with Texas certified HUB vendors that you do not have a *continuous contract in place for more than five (5) years and Non-HUBs.

See below HSP – GFE 3 explanation below.

GFE 3

Meeting/ Exceeding HUB Goal

Use this GFE if you are subcontracting all the work with

Texas certified HUB vendors only.

GFE 2

Active HUBs

GFE 1

Solicitation

Method

Good Faith Efforts (GFE)

Use this GFE if you are subcontracting any portion of the contract to Texas certified HUB vendors and Non- HUB vendors or only to Non-HUB vendors.

Who Completes an HSP?

Everyone who is submitting a proposal as a probable

Prime must submit the HSP.

Note: Subcontractors do not need to submit the HSP, unless submitting a proposal as a probable Prime.

Everyone who is submitting a proposal as a probable

Prime must submit the HSP.

Note: Subcontractors do not need to submit the HSP, unless submitting a proposal as a probable Prime.

The HSP is needed even if you are Self-Performing and not subcontracting any part of the Contract.

The HSP is needed even if you are Self-Performing and not subcontracting any part of the Contract.

Even if the Respondent is an active

HUB.

Even if the Respondent is an active

HUB.

Subcontracting?

Yes!

You must list all subcontractors on the HSP

Form if you are subcontracting.

You must list all subcontractors on the HSP

Form if you are subcontracting.

You must list both all your active HUBs and non-

HUBs.

You must list both all your active HUBs and non-

HUBs.

When do you complete an

HSP?

Complete your HSP prior to proposal submission.

Submit completed HSP

Form with your proposal.

Note: HUB Program can review your HSP as a courtesy but, it must be done a week before proposal’s deadline.

Complete your HSP prior to proposal submission.

Submit completed HSP

Form with your proposal.

Note: HUB Program can review your HSP as a courtesy but, it must be done a week before proposal’s deadline.

If awarded, at any time during the contract, you may amend or change your

HSP.

If awarded, at any time during the contract, you may amend or change your

HSP.

HUB Subcontracting Plan (HSP)

Which GFE Should You Do?

Which GFE Should You Do?

Important: TAC 34, RULE §20.285 (b) (3) – Responses without the HSP submitted shall be rejected due to material failure to comply with Government Code, §2161.252(b).

Reminder: You can only use GFE 3 if you do not have a continuous contract in place for more than five (5) years with the active HUBs that you are meeting and/or exceeding the contract

HUB goal.

The notifications must have the “7 working days deadline” provided in the body of the email.

The 7 working days deadline doesn’t include:

Email notifications submission day

Weekends State Holidays TCEQ Agency Closures (example, closed due to bad weather)

GFE 1 – Solicitation Method – 7 Working Days Example If processing GFE 1 - Email notifications to a minimum of 3 active HUBs from the CMBL and a minimum of 2 Minority/Woman Owned Organizations will be required. In addition, copies of these email notifications and active HUB CMBL profiles will be needed with the HSP.

HUB Subcontracting Opportunity Notification

Form

This form is not mandatory but, recommended to notify a minimum of 3 active HUBs from the CMBL and a minimum of 2 Minority and Women Owned Businesses.

The Respondent can also use CPA’s Notification Form to submit the necessary info via email. If you decide to submit this form, a copy of the email and the attached notification form will also be needed with your HSP.

HUB Subcontracting Opportunity Notification Form (PDF)

HSP

and

Subcontractors

HSP:

• Ensure all your subcontractors are listed in the

HUB Subcontracting Plan (HSP).

Key Personnel Tab - Reminder:

• Any “1099 employees” must be listed in your proposal’s Key Personnel tab and on the HSP because, they are considered “subcontractors”.

HSP and Subcontractors

HSP Section 4: Affirmation

• If awarded, the Respondent (Prime) must submit the “Award Notification” via email to all HSP vendors within 10 days of award.

Note: A copy of this notification must be submitted to the Program Area and HUB Program.

• The Respondent (Prime) must submit compliance reports (PAR FORMS) with each invoice.

Note: Although this sentence states monthly, 34 TAC, §20.285, was amended on 8/9/23 to state “with each invoice” instead of monthly. CPA will be revising their HUB Program documents, including the PAR. Please, submit PAR with each invoice.

The HSP Affirmation Page will provide important rules’ information and mandated reminders. Here are few examples:

Post Contract Award

• If none of those #s are provided, the Prime must submit the TIN form to the subcontractor. Once they complete, he/she will need to submit back to the Program Area who will submit to the HUB Program to be processed.

• Invoices will not be approved until PAR form is submitted by the Prime.

• If a subcontractor is listed on the PAR but, is not on the Prime’s HUB Subcontracting Plan (HSP), the Program Area will stop payment immediately until resolved.

*Environmental Protective Agency (EPA) Disadvantage Business Enterprise.

After Contract Award Monitoring

Progress Assessment Report (PAR) Form

•The PAR is a condition of payment.

•The Prime must complete the PAR and submit with each invoice.

•Subcontractors paid during that reporting period must be listed on the PAR. Note: The Prime must use the *”EPA DBE Form” if the contract has EPA federal funding.

•Do not add Social Security Numbers (SS#) on the PAR. The PAR must have the Vendor Identification (VID) or Employer Identification # (EIN). Note: If Vendor is not on the CMBL, then the EIN, Taxable ID or Taxpayer ID is acceptable.

Mentor-Protégé Program

• The Mentor-Protégé Program is a voluntary state program between Prime (Mentor) and HUB (Protégé).

• The Mentor will provide the Protégé professional guidance and support.

• The Prime can use the Protégé as a Good Faith Effort (GFE) effort when processing the HSP. However, the Prime and HUB must already have an approved M-P Agreement.

• CPA’s Mentor-Protégé Agreement database:

https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/.

• More information located in 34 TAC Rule §20.298.

CPA Mentor‐Protégé Program

Texas Comptroller of Public Accounts (CPA) https://comptroller.texas.

gov/

Centralized Master Bidders List (CMBL) https://mycpa.cpa.state.

tx.us/tpasscmblsearch/t passcmblsearch.do

Minority and Women Trade Organizations https://comptroller.t exas.gov/purchasing /vendor/hub/resour ces.php

Historically Underutilized Business Texas Government Code https://comptroller.texas.gov/pur chasing/vendor/hub/forms.php

Historically Underutilized Business Texas Administrative Codes (Including the Mentor Protégé Program Rule) https://texreg.sos.state.tx.us/public/re adtac$ext.ViewTAC?tac_view=5&ti=34& pt=1&ch=20&sch=D&div=1&rl=Y

Important Links

HUB Subcontracting Plan (HSP) https://comptroller.texas.gov/pur chasing/vendor/hub/forms.php

Questions?

Contact the

TCEQ HUB

Program for assistance via email.

Claribel Diaz – HUB Program Coordinator claribel.diaz@tceq.texas.gov

Maria Rodriguez – Assistant HUB Program Coordinator maria.rodriguez@tceq.texas.gov

HSP Courtesy Reviews

Provided by

TCEQ HUB

Program when requested!

TCEQ HUB Program