ESBD_394350_1738963283192_HHS0015700 Exhibit F HSP and Quick Checklist.pdf.pdf
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- HHS0015700 HIV-1 / HIV-2 Antibody & Control Kits
- Solicitation number
- HHS0015700
- Issued by
- Texas
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HUB Subcontracting Plan (HSP) Quick Checklist
Rev. 2/17
While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.
1. If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:
Section 1 ‐ Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.
Section 2 c. – Yes
Section 4 – Affirmation
GFE Method A (Attachment A) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2b.
2. If any of your subcontracting opportunities will be performed using HUB protégés, complete:
Section 2 b. – List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to HUB protégés (Skip Section 2c and 2d)
HSP GFE Method B (Attachment B) ‐ Complete Section B‐1, Section B‐2, and B‐4 only for each HUB Protégé
3. If any of your subcontracting any portion of the contract to Texas certified HUB vendors and Non‐HUB vendors, and the aggregated percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting Agency identified in the "Agency Special Instructions/Additional Requirements", complete :
Section 2 b. – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non‐HUB vendors.
Section 2 c. – No
Section 2 d. – Yes
GFE Method A (Attachment A) – Complete an Attachment A for each of the subcontracting opportunities you listed in
4. If you are subcontracting any portion of the contract to Texas certified HUB vendors and Non‐HUB vendors or only to
Non‐HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract * in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the "Agency Special Instructions/Additional Requirements", complete:
Section 2 b. – List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to Texas certified HUB vendors and Non HUB vendors.
HUB Subcontracting Plan (HSP) Quick Checklist
Section 2 c. – No
Section 2 d. – No
HSP GFE Method B (Attachment B) – Complete an Attachment B for each of the subcontracting opportunities you listed in
5. If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources
(i.e., employees, supplies, materials and/or equipment, including transportation and delivery, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources
Section 3 – Self Performing Justification
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides contractor with goods or services, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into "new" contracts.
HUB Subcontracting Plan (HSP)
In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).
NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).
The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:
• 11.2 percent for heavy construction other than building contracts,
• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,
• 32.9 percent for all special trade construction contracts,
• 23.7 percent for professional services contracts,
• 26.0 percent for all other services contracts, and
• 21.1 percent for commodities contracts.
- - Agency Special Instructions/Additional Requirements - -
Respondent (Company) Name:
Point of Contact:
State of Texas VID #:
Bid Open Date:
SECTION 1: RESPONDENT AND REQUISITION INFORMATION
(mm/dd/yyyy)
- Yes - No a.
b.
c.
In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.
E-mail Address:
Is your company a State of Texas certified HUB?
Requisition #:
Phone #:
Fax #:
- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)
- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)
- No (If No, continue to Item d, of this SECTION.)
- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)
- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)
Non-HUBs
HUBs
Enter your company’s name here: Requisition #:
SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS
After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.
a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:
b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
Item # Subcontracting Opportunity Description Percentage of the contract expected to be subcontracted to
HUBs with which you do not have a continuous contract* in place for more than five (5) years.
Percentage of the contract
HUBs with which you have a continuous contract* in place for more than five (5) years.
expected to be subcontracted to non-HUBs.
1 %
6 %
11 %
Aggregate percentages of the contract expected to be subcontracted:
(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).
c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.
d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you do not have a continuous contract* in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements.”
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.)
SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)
This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
Item # Subcontracting Opportunity Description
HUBs Non-HUBs
16 % % %
Aggregate percentages of the contract expected to be subcontracted:
HSP – SECTION 2
(Continuation Sheet)
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
HUBs with which you do not have a continuous contract* in place for more than five (5) years.
HUBs with which you have a continuous contract* in place for more than five (5) years.
expected to be subcontracted to non-HUBs.
SECTION 3: SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) If you responded “No” to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies, materials and/or equipment.
SECTION 4: AFFIRMATION
As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:
• The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
• The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls).
• The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.
• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
Printed Name Title Date
Signature
Reminder:
If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls
HSP Good Faith Effort - Method A (Attachment A)
Enter your company’s name here:
Requisition #:
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf
SECTION A-1: SUBCONTRACTING OPPORTUNITY
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.
Item Number:
Description:
Company Name Texas certified HUB Approximate
Dollar Amount Expected
Percentage of Contract
- Yes - No $
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
(Attachment A)
Texas VID or federal EIN Do not enter Social Security Numbers.
If you do not know their VID / EIN, leave their VID / EIN field blank.
SECTION A-2: SUBCONTRACTOR SELECTION
List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Employer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.
http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp
Enter your company’s name here:
Requisition #:
HSP Good Faith Effort - Method B (Attachment B)
IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf..
SECTION B-1: SUBCONTRACTING OPPORTUNITY
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.
Item Number: Description:
SECTION B-2: MENTOR PROTÉGÉ PROGRAM
If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work.
Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé.
- Yes (If Yes, continue to SECTION B-4.)
- No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION B-4.)
SECTION B-3: NOTIFICATION OF SUBCONTRACTING OPPORTUNITY
When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person.
When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/HUBSubcontractingOpportunityNotificationForm.pdf.
Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.
Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to you submitting your bid response to the contracting agency. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.
List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Texas Vendor Identification (VID) Number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
Did the HUB Respond?
Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more trade organizations or development centers in Texas to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.
List two (2) trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Trade Organizations or Development Centers Was the Notice Accepted?
(Attachment B) d.
- Yes
- No
Texas VID (Do not enter Social Security Numbers.)
Date Notice Sent
Company Name
Date Notice Sent http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1
Rev. 2/17 HSP Good Faith Effort - Method B (Attachment B) Cont.
SECTION B-4: SUBCONTRACTOR SELECTION
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.
Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item Number: Description:
List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Emplioyer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.
- Yes - No $ %
If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
(Attachment B)
Company Name Approximate
Dollar Amount Expected
Percentage of Contract
Texas certified HUB Texas VID or federal EIN
Do not enter Social Security Numbers.
If you do not know their VID / EIN, leave their VID / EIN field blank.
HUB Subcontracting Opportunity Notification Form
In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.
34 Texas Administrative Code, §20.285 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three (3) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, at least seven (7) working days prior to submitting its bid response to the contracting agency, the respondent must provide notice of each of its subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code §20.282(19)(C).
We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.
SECTION A: PRIME CONTRACTOR’S INFORMATION
Company Name:
Central Time Date (mm/dd/yyyy)
Point-of-Contact:
E-mail Address:
State of Texas VID #:
SECTION B: CONTRACTING STATE AGENCY AND REQUISITION INFORMATION
Agency Name:
Point-of-Contact: Phone #:
Requisition #: Bid Open Date:
SECTION C: SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION
1. Potential Subcontractor’s Bid Response Due Date:
If you would like for our company to consider your company’s bid for the subcontracting opportunity identified below in Item 2, we must receive your bid response no later than
In accordance with 34 TAC §20.285, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certified HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.282(19)(C).
(A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.)
2. Subcontracting Opportunity Scope of Work:
3. Required Qualifications: - Not Applicable
4. Bonding/Insurance Requirements: - Not Applicable
5. Location to review plans/specifications: - Not Applicable on
Phone #:
Fax #:
HSP Quick Checklist Form 2 pages.pdf hsp-sbcont-plan editable form revised Feb 2017.pdf
Rev-page 2-10-30-1014
HUB Subcontracting Plan (HSP)
NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).
Agency Special Instructions/Additional Requirements
SECTION-1: RESPONDENT AND REQUISITION INFORM
Rev-page 3-10-30-1014
SECTION-2: SUBCONTRACTING INTENTIONS RESPONDENT
a.Check the appropriate box (Yes or No) that identifies your subcontracting intentions:
b.List all the portions of work (subcontracting opportunities) you will subcontract.
(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/ c.Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs
Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract
Rev-page 4-10-30-1014
Section 2: Subcontracting Intentions Respondent ( Continuation Sheet)Section 2:
Rev-page 5-10-30-1014
SECTION-3: SELF PERFORMING JUSTIFICATION (If you responded “No “to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4)
SECTION-4: AFFIRMATION
http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls).
Reminder:
Rev-page 6-10-30-1014
HSP Good Faith Effort - Method A (Attachment A)
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf
SECTION A-1: SUBCONTRACTING OPPORTUNITY
SECTION A-2: SUBCONTRACTOR SELECTION
REMINDER:
Rev-page 7-10-30-1014
HSP Good Faith Effort - Method B (Attachment B)
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, Download a copy of Attachment B - http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf.
SECTION B-1: SUBCONTRACTING OPPORTUNITY
SECTION B-2: MENTOR PROTÉGÉ PROGRAM
SECTION B-3: NOTIFICATION OF SUBCONTRACTING OPPORTUNITY
Download a full version of HUB Subcontracting Opportunity Notice form at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan
HUB search directory at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp.
Statewide HUB Program’s webpage at: http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/.
Rev-page 8-10-30-1014
HSP Good Faith Effort - Method B (Attachment B) Cont.
SECTION B-4: SUBCONTRACTORSELECTION
REMINDER:
Rev-page 9-10-30-1014
HUB Subcontracting Opportunity Notification Form
SECTION:A PRIME CONTRACTOR’S INFORMATION
SECTION:B CONTRACTING STATE AGENCY AND REQUISITION INFORMATION
SECTION:C SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE,DESCRIPTION,REQUIREMENTS AND RELATED INFORMATION agencySpecInsAddReq-2: The HUB Goal for this solicitation is 21.1% - Commodities
> Respondents shall submit a completed HUB Subcontracting Plan (HSP) to be considered responsive. Failure to submit a completed HSP shall result in the bid, proposal, or other expression of interest to be considered non-responsive.
> Respondents using Method Option 4 must complete the HSP Good Faith Effort - Method B (Attachment B) for EACH subcontracting opportunity identified in Section 2 of the HSP.
> Please note: (Section B-3: Notification of Subcontracting Opportunity) of Attachment B requires respondent to provide notice to three (3) or more Texas certified HUBs AND two (2) or more Texas trade organizations and development centers for EACH subcontracting opportunity identified in Section 2.
> These notification must be done at least seven (7) working days prior to submitting your bid response to the contracting agency to allow time for the potential subcontractor to respond. ***Seven (7) working days shall be defined as business days of HHSC, not including weekends or HHSC observed holidays. The first working days shall be the day following the day that the notice was sent, and the 7th day is the day that the response is due.
> Provide along with all documentation (i.e., certified letter, fax, e-mail) and a copy of the CMBL/HUB Vendor Detail page. This is to ensure that the Texas certified HUB that is listed is an Active Bidder.
See SAMPLE CMBL/HUB Vendor Detail in the HUB Exhibit.
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Page 1 of 14 Revised January 2024
Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Requirements
Exhibit F
Table of Contents HHS HUB Subcontracting Plan (HSP) Requirements
Sample CMBL – Vendor Detail Example………………………………………………………………………………………… 14
Health and Human Services (HHS/agency) is committed to promoting full and equal business opportunities for businesses in state contracting by contracting directly and indirectly (subcontracting) with HUBs. HHS strongly encourages the use of HUBs through race, ethnic, and gender-means in accordance with Texas Government Code (TGC) Chapter 2161 and Texas Administrative Code (TAC), Title 34, Part 1, Chapter 20, Subchapter D, Division 1.
1.1 HHS Administrative Rules
Pursuant to TGC Section 2161.002 and Section 2161.003, HHS adopted the rules of the Texas Comptroller of Public Accounts (CPA) as its own rules (see TAC, Title 1, Part 15, Chapter 391, Subchapter E, Rule §391.501). If there are any discrepancies between the CPA’s administrative rules and this Solicitation, the rules will take priority.
1.2 Statewide Annual HUB Utilization Goal
HHS adopted the CPA’s Statewide Annual HUB Goals based on the 2009 State of Texas Disparity Study as its own agency-specific goals (TAC, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rules §20.284). The HHS policy is to promote full inclusion of HUBs in all of its procurement opportunities in a direct and indirect (subcontracting) capacity to achieve or exceed the goals specified by each procurement category reflected in the disparity study.
This Solicitation is classified as Commodities under the above CPA rule and therefore the HHS HUB utilization goal is 21.1% https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.002 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.003 https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=391&sch=E&rl=Y https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=15&ch=391&sch=E&rl=Y https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=284 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=284
1.3 Determination of HSP Requirement
TGC Chapter 2161 and TAC, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, Rules §20.284 and §20.285, requires the agency to consider whether there will be probable subcontracting opportunities for all contracts, with an expected value of $100,000 or more (including renewals and amendments), before the agency solicits bids, proposals, offers, or other applicable expressions of interest for the contract. Subcontracting opportunities are considered to be equipment, materials, goods, contracted labor,1 and services the Respondent cannot fulfill with its own internal resources.
If the agency determines that there is a probability of subcontracting opportunities, the agency must require that each bid, proposal, offer, or other applicable expression of interest for the contract include a completed HSP. If the response does not include a completed HSP and/or HHS determines that the HSP was not developed in good faith, the response will be deemed non-responsive, and it cannot be evaluated for a contract award.
HHS has examined the Scope of Work under the proposed Contract to determine if it is likely to be performed by a Subcontractor; researched the Centralized Master Bidders List (CMBL) for HUBs that may be available to perform the Contract Work; reviewed the past history of similar agency procurements; and has determined that subcontracting opportunities are probable for this Solicitation.
Therefore, all Respondents regardless of HUB status (HUB or non-HUB) must develop an HSP in good faith and submit a completed HSP with their response. Failure to comply with this requirement will deem the bid, proposal, offer, or other applicable expression of interest non-responsive, and it will be rejected without further evaluation due to material failure.
Probable Subcontracting Opportunities
HHS has determined that probable subcontracting opportunities exist within the following National Institute of Governmental Purchasing (NIGP) Class/Item Code(s):
Class Item
Automated Information System (AIS) Item Description
193 89 No Test Kits and Supplies, Chemistry (Not Otherwise Classified)
1 Contracted labor means individuals that are not “regular” employees of the company/organization, see also guidance available from the Internal Revenue Service (IRS) regarding contracted labor vs. employees (IRS 1099 publications). Contracted labor is a subcontractor.
Page 2 of 14 Revised January 2024 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm#2161.252 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=284 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=284 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285
962 86 No Transportation of Goods, Shipping and Handling, and Other Freight Services
The above identified items do not represent all of the possible subcontracting opportunities that may be available through this Solicitation. The Respondent is not required to use, nor limited to using any of the above class and item code(s). However, the Respondent is required to include HUBs in any opportunity the Respondent will not be performing with their internal resources (materials, equipment, supplies, and employees2).
1.4 Compliance Resources
Solicitation’s HUB Coordinator
In an effort to assist Respondents to comply with the HUB requirements, HHS assigns a HUB Coordinator as a sole point of contact for HUB inquiries, HSP training, and to provide HSP Courtesy Reviews (upon request – see Section 1.4.2 of this exhibit). The assigned HUB Coordinator for this Solicitation is:
Isaiah Wilczynski Phone: (512) 406-2668 Email: Isaiah.Wilczynski1@hhs.texas.gov
HSP Courtesy Reviews
A courtesy review of a Respondent’s completed HSP is optional and is available to assist Respondents in providing a compliant and responsive HSP. This courtesy review may only identify possible deficiencies. The final HSP determination may only be provided at the time of the final submission of the HSP with the Solicitation Response.
To request a courtesy review, submit the completed HSP including all supporting documentation in accordance with the directions provided in the Solicitation.
HSPs received after the “Courtesy Review of HSP” deadline in the Solicitation’s Schedule of Events or deadlines established in subsequent Addenda, will not be reviewed and will be returned to the requestor.
The final HSP must be submitted by the Solicitation Response Deadline identified in the Solicitation’s Schedule of Events or deadline established in subsequent Addenda. Responses received without a properly completed and compliant HSP will be disqualified.
2 Employee means an individual that receives a Wage and Tax Statement (W-2 Form) from the Respondent.
Page 3 of 14 Revised January 2024
Page 4 of 14 Revised January 2024
HSP Training Resources
HHS encourages Respondents to take advantage of the HSP training offered specifically for this Solicitation (if applicable) and noted in the Solicitation’s Schedule of Events. In addition, a pre-recorded Webinar HSP training providing general information for developing an HSP in good faith is available at:
https://www.gotostage.com/channel/hhshubprogramtraining.
HHS also recommends that Respondents review training resources provided in Section 1.7, Post-Award HSP Requirements, and Section 1.8, HSP Most Common Errors, of this exhibit.
CMBL/HUB Directory
The CPA is responsible for HUB certification and maintaining the CMBL/HUB Directory to satisfy the good-faith effort requirements. Note, only HUB vendors that are included in the CPA’s database that are actively HUB certified at the time of the Solicitation may be used to satisfy the Respondent’s requirement for developing the HSP in good faith.
Below are instructions for identifying the State of Texas Certified HUBs on the CMBL/HUB Directory:
1. Access the CMBL and HUB Directory at https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.
2. CMBL page will default to certain fields already checked – using the “HUBs Only” and “HUBs On CMBL” radio buttons will help to provide a current list of Texas certified HUBs. Ensure the vendor’s HUB status code is “A” for currently active HUBs.
3. Under the “Multiple Vendor Search” tab enter the NIGP code that correlates to the products or services in the “NIGP Class Code” and “Items” fields. A complete list of NIGP codes may be found at: https://commbook.app.cpa.state.tx.us/.
4. Enter “Highway District(s)” number to select specific geographical location or leave blank for a statewide search.
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