ESBD_556297_1790194454734_Form 6 - VetHUB Subcontracting Form.pdf

Completing the HUB Subcontracting Plan (HSP)

1. Provide notification to certified HUB vendors at least 7 days prior to submitting your response.

Note that the day of notification and vendor responses does not count in the 7 day requirement.

2. Provide notification to at least 3 HUB certified vendors for each type of work anticipated in the project, example: Interpreter Services for Foreign Language, etc.

3. Provide notification to at least 2 trade organizations or development centers as noted in Section 8-3 of the

HSP Good Faith Effort at least 7 days prior to submitting your proposal.

Trade organizations are listed on the State Comptrollers website and can be found with the following link http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/

4. Identify any subcontractors you intend to use on the project, confirm their HUB certification, provide their

VID #, the approximate dollar amount of the work you intend to award them and the percentage of the contract the amount represents in Section 8-4

5. Provide justification for use of non-HUB certified vendors in section B-4c.

An example plan is attached for your reference

Contacts for HUB assistance:

Sonya Thulin and Patricia Campos

TWC HUB Staff

TWCHUBInfo@twc.texas.gov

All proposers (HUB and non-HUB) submitting a response to this RFP are required to submit an HSP. No one is exempt.

the HSP is a pass/fail element of this RFP. No evaluation points are given for the HSP. All proposers must submit an HSP with their proposal regardless of their subcontracting intentions. Any Proposal received not including an HSP will be rejected, and the technical portion will not be evaluated.

Example HSP/ Instructions Only

Form 5

HUB SUBCONTRACTING PLAN

Texas Workforce Commission IFB No. 3202xxxxx

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

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.

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 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and 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 have a continuous contract* in place for five

(5) years or less meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, 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 and Non-HUB venders Section 2 c. - No Section 2 d. -

Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be 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 have a continuous contract* in place for five (5) years or less does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, 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 indicated 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. - No

Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources, 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

Section 4 - Affirmation

CHOOSE A GOOD FAITH METHOD

campopa1 Cross-Out

HUB SUBCONTRACTING PLAN Texas

Workforce Commission IFB No. 3202xxxxx

Rev. 10/14

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) §20.13 are:

o 11.2 percent for heavy construction other than building contracts, o 21.1 percent for all building construction, including general contractors and operative builders’ contracts, o 32.9 percent for all special trade construction con tracts, o 23.7 percent for professional services contracts, o 26.0 percent for all other services contracts, and o 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - - In accordance with 34 TAC §20.14(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 contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

RESPONDENT AND REQUISITION INFORM SECTION-1:

a. Respondent (Company) Name: Company Name State of Texas VID #: Vendor ID# Point of Contact: Name of Company Contact Phone #: Company Phone # E-mail Address: Fax #: Company Fax #

- No MUST CHECK ONE BOXb. Is your company a State of Texas certified HUB? - Yes

c. Requisition #: IFB Number Bid Open Date: mm/dd/yyyy

(mm/dd/yyyy)

The TWC HUB goal is 26.0 percent for all other services contracts.

TWC finds that this Contract contains subcontracting opportunities in the following service areas.

NIGP Codes: 961-46 Interpreter Services for Foreign Language, 961-75 Translation Services, All Languages, and 962-69 Personnel Services, Temporary

Include the NIGP Code, for each subcontracting opportunity identified in Section 2: Respondent’s Subcontracting Intentions, on the Subcontracting Opportunity Description line.

Submit supporting documentation (i.e., email, tax, certified letter) demonstrating good faith effort to notify Texas HUBs and trade or development centers.

Contact E-mail Address

HUB SUBCONTRACTING PLAN

Texas Workforce Commission IFB No. 3202xxxxx

Rev. 10/14

Enter your company’s name here: Company Name Requisition #: IFB Number

SECTION -2: SUBCONTRACTING INTENTIONS RESPONDE NT

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 goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “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:

- 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.)

- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3 and

SECTION 4.) CHECK ONE BOX

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).

HUBs Non-HUBs Percentage of the contract Percentage of the contract

Percentage of the contractItem # Subcontracting Opportunity Description expected to be subcontracted expected to be subcontracted to to HUBs with which you have HUBs with which you have a expected to be subcontracted a continuous contract* in continuous contract* in place to non-HUBs.

place for five (5) years or less. for more than five (5) years.

1 List all Services items and NIGP#s here % % of proposal amt. % % of proposal amt. % % of proposal amt

2 % % %

3 % % %

4 % % %

5 % % %

6 % % %

7 % % %

8 % % %

9 % % %

10 % % %

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 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 to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.

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.) MUST CHECK ONE BOX

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 have a continuous contract* in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements”.

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.)

HUB SUBCONTRACTING PLAN

Texas Workforce Commission IFB No. 3202xxxxxx

Rev. 10/14

Enter your company’s name here: Company Name Requisition #: IFB Number

SECTION -2: SUBCONTRACTING INTENTIONS RESPONDENT (CONTINUATION SHEET)

a. 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).

HUBs Non-HUBs Percentage of the contract Percentage of the contract

Item # Subcontracting Opportunity Description expected to be subcontracted to expected to be subcontracted Percentage of the contract HUBs with which you have a to HUBs with which you have a expected to be subcontracted continuous contract* in place continuous contract* in place to non-HUBs.

for five (5) years or less. for more than five (5) years.

16 Continuation list from previous page % % %

17 % % %

18 % % %

19 % % %

20 % % %

21 % % %

22 % % %

23 % % %

24 % % %

25 % % %

26 % % %

27 % % %

28 % % %

29 % % %

30 % % %

31 % % %

32 % % %

33 % % %

34 % % %

35 % % %

36 % % %

Aggregate percentages of the contract expected to be subcontracted: % % %

HSP – SECTION 2

(Continuation Sheet)

HUB SUBCONTRACTING PLAN

Texas Workforce Commission IFB. 3202xxxxx

Rev. 10/14

Enter your company’s name here: Company Name Requisition #: IFB Number

SECTION -3: SELF PERFORMING JUSTIFICATION (If you responded “No “to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources. CHECK ONE BOX

- Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.)

- No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/ or employees.)

There is no provision within the RFP documents to provide an explanation as to how your company will self- perform all of the work contemplated; use this space to provide that explanation.

Note that it is highly unlikely that any company has the ability to self-perform all of the work described in the documents.

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). PAR is required as a condition of payment, must be emailed to TWCHUBInfo@twc.texas.gov and is due by the 10th of the month (The PAR is available at:

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.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.

Signature Printed Name Title mm/dd/yyyy Signature Printed Name Title Date

(mm/dd/yyyy)

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.

A proposer who indicates that their company will not be subcontracting any portion of the contract and will be fulfilling the entire contract with their own resources, including its own equipment, supplies, materials and/or employees will be self-performing. Keep in mind that a pre-existing subcontracting relationship is considered subcontracting, in which case you cannot claim Self-Performance. A pre-existing subcontracting relationship is, a business affiliation your company has with a third-party vendor who is currently suppling your company with goods and or services and will continue to supply those goods and or services to assist you in the performance of this contract.

The definition of a subcontractor is very broad and applies to any third-party vendor used to fulfill a portion of the contract.

Our definition of a subcontractor is “A person who contracts with the Successful Proposer, to work, to supply commodities, or contribute toward completing work for the Texas Workforce Commission.” In other words, if the Successful Proposer who is awarded this contract is paying anyone who is not an employee to provide goods and/or services, they are subcontracting under this definition. These individuals would receive a 1099, unlike your employees who receive W2’s.

HUB SUBCONTRACTING PLAN

Texas Workforce Commission IFB No. 3202xxxxx

HSP Good Faith Effort - Method A (Attachment A) Enter your company’s name here: Company Name Requisition #: IFB Number

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 http://window.state.tx.us/procurement/prog/hub/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: XX Description: Work or Purchase Item Description

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 VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB

VID Number Approximate Expected Company Name Texas certified HUB (Required if Texas Percentage of

Dollar Amountcertified HUB) Contract

List Subcontractors you intend to award work to - Yes Check - No VID # IF HUB $ XXXXX XX%

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- 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)

HUB SUBCONTRACTING PLAN Texas

Workforce Commission IFB No. 3202xxxxx

HSP Good Faith Effort - Method B (Attachment B) Rev. 10/14

Enter your company’s name here: Company Name Requisition #: IFB Number

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 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 http://window.state.tx.us/procurement/prog/hub/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: XX Description: Description from Section 2 Subcontracting Intentions Respondent

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, to 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 http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan.

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.

a. 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 your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and

Historically Underutilized Business (HUB) Search directory located at http://mycpa.state.tx.us/tpasscmblsearch/index.jsp. HUB Status code “A” signifies that the company is a Texas certified HUB.

b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.

Company Name VID Number Date Notice Sent Did the HUB Respond?(mm/dd/yyyy)

List three HUB certified vendors you notified VID # mm/dd/yyyy - Yes check one - No

- Yes - No

c. 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 http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/.

d. 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 Date Notice Sent Was the Notice Accepted?(mm/dd/yyyy) List two approved Trade Organizations you notified mm/dd/yyyy - Yes check 1 - No

HUB SUBCONTRACTING PLAN Texas

Workforce Commission IFB No. 32025xxxxx

HSP Good Faith Effort - Method B (Attachment B) Cont. Rev. 10/14

Enter your company’s name here: Company Name Requisition #: IFB Number

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.

a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.

Item Number: XX Description: Description from Attachment “B”

b. 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 VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.

VID Number Approximate Expected Company Name Texas certified HUB Percentage of

(Required if Texas Dollar Amount Contractcertified HUB)

List HUB Certified vendors you notified - Yes check 1 - No VID # $ XXXX XX%

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

c. 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):

Provide detailed explanation for the use of not HUB certified vendor.

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)

Rev. 5/26

State of Texas Subcontracting Plan When is a subcontracting plan required?

A subcontracting plan is required for state of Texas contracts when the contracting agency has determined that subcontracting opportunities are probable with prospective vendors certified by the Texas Comptroller through the Veteran Heroes United in Business (VetHUB) program, for a contract with an expected value of $100,000 or more. (Texas Government Code Chapter 2161, Subchapter F; 34 Texas Administrative Code Section 20.285.)

When a state agency requires a subcontracting plan as part of the contract solicitation, a bid, proposal, offer or other applicable expression of interest must contain a completed plan to be considered responsive.

Who completes a subcontracting plan?

Every responding vendor — whether a prime contractor or self-performing with no subcontractors — must submit a complete subcontracting plan.

A vendor who intends to use subcontractors must demonstrate their good faith effort to recruit certified VetHUBs, whether or not they ultimately award business to them. A state agency will not use the subcontractors’ VetHUB status to select the winning vendor. All subcontractors must be listed in the subcontracting plan.

A self-performing vendor who will not subcontract any of the work on the contract must indicate that it will complete the con-tract with its own resources and submit the completed subcontracting plan.

Does a subcontracting plan have to be followed?

The subcontracting plan forms part of the contract. Subcontractors may not be dropped or replaced without amending the subcontracting plan with approval by the agency. A self-performing contractor may not use subcontractors without amending the subcontracting plan.

SUBCONTRACTING PLAN INSTRUCTIONS

The contracting agency must complete this section and include this form in the solicitation.

AGENCY COORDINATOR FOR COURTESY REVIEWS (OPTIONAL)

Name

SOLICITATION POINT OF CONTACT

Name

The contracting agency must describe the subcontracting goal and provide examples of potential subcontracting opportunities. This information may also be included in the solicitation document.

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2161&artSec=2161.251 https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2161&artSec=2161.251 https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=20&division=1&interface=VIEW_TAC&part=1&subchapter=D&title=34

Section 1: Respondent Information

Is your company a state of Texas Certified VetHUB? Yes No

Section 2: Declaration of Self-performing or Subcontracting 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 subcontract-ing opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. 34 Texas Administrative Code Section 20.282 defines a “Subcontractor” as an entity that contracts with a prime contractor to work or contribute toward completing work under a purchase order or other contract. The term does not include employees of the contractor but includes contracted workers who will work on the contract.

Will your company fulfill the entire contract with its own resources, including employees, goods and services?

Section 3: Affirmation of Self-performing Contractor 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 subcontracting plan is true and correct. Respondent understands and agrees that, if awarded any portion of the contract:

• The respondent must seek approval from the contracting agency prior to making any modifications to its subcontracting plan, including hiring subcontractors to perform any work under this contract. If the subcontracting plan is modified with-out 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 headquar-ters and/or work site where services are being performed and must provide documentation regarding staffing and other resources.

Section 4: Respondent’s Subcontracting Opportunities This section must be completed by all respondents who propose to subcontract portions of the contract work.

List below all opportunities (commodities, services or contractor staffing) you will subcontract. Also, based on the total value of the contract, provide the percentage of the contract you expect to subcontract to certified VetHUBs, and the percentage of the contract you expect to award to other subcontractors.

Search NIGP Code Book at https://commbook.app.cpa.state.tx.us/

Item Number Subcontracting Opportunity Description NIGP Code

VetHUB-certified subcontracted percentage of total contract

Other subcontracted percentage of total contract

1 % %

2 % %

3 % %

4 % %

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Section 5: Subcontracting Plan – Good Faith Effort

Section 5.1: Subcontracting Opportunity Submit a copy of Section 5 for each subcontracting opportunity you listed in Section 4. Download additional forms at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

Enter the item number and description of the subcontracting opportunity you listed in Section 4.

Item Number Subcontracting Opportunity

Section 5.2 Mentor Protégé Program If respondent is participating as a mentor in a state of Texas Mentor Protégé Program, submitting a protégé (protégé must be a state of Texas certified VetHUB) as a subcontractor to perform the subcontracting opportunity listed in Section 5.1 constitutes a good faith effort for 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 Sec-tion B-1 to your protégé.

No. Go to Section 5.3: Notification of Subcontracting Opportunity.

Yes. Go to Section 5.4: Subcontractor Selection.

Section 5.3 Notification of Subcontracting Opportunity Demonstrate your good faith effort to notify Texas certified VetHUBs by communicating each subcontracting opportunity you listed in Section 4.

Search the VetHUB Directory by business category or NIGP code to identify appropriate VetHUBs that work in the area where you are seeking subcontractors. Certified VetHUBs can be sourced using the VetHUB-only search and will be marked with the Active Bidder (A-Approved) VetHUB status.

Send either the Subcontracting Opportunity Notification template or an email notice that includes at minimum:

• Scope of work

• Location to review plans and specifications (if applicable)

• Bonding and insurance requirements

• Required qualifications

• Name of state agency

• State agency’s point of contact

• State agency point of contact’s phone number

• Requisition/solicitation number

• Prime contractor’s contact name

• Prime contractor’s contact email

• Prime contractor’s contact phone number

• Date response required; allow at least seven business days for response excluding weekends and state holi-days.

Save copies of emails sent to VetHUBs and the responses received and attach to your subcontracting plan to document the good faith effort. A contract shall not be awarded to a prime contractor whose subcontracting plan good faith effort does not contain accurate supporting documentation.

List two VetHUBs you notified of the subcontracting opportunity listed in Section 5.3. Include the company’s Texas Vendor Iden-tification (VID) Number, the date of the notice and indicate whether the HUB responded.

Company Name Texas VID

(Do not enter Social Security Nos.)

Date Notice Sent

(mm/dd/yyyy)

VetHUB Response

Yes No

Yes No https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

Section 5.4 Subcontractor Selection A copy of Section 5 must be completed for each subcontracting opportunity you listed in Section 4. Download additional forms at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

Company Name Certified VetHUB

Texas VID or Federal EIN

(Do not enter Social Security Nos.)

Approximate Dollar Amount

Expected Percentage of

Contract

Yes No $ %

Yes No $ %

Yes No $ %

Yes No $ %

Yes No $ %

Yes No $ %

Section 6: Affirmation of Prime Contractor I am an authorized representative of the respondent listed in Section 1 (“Respondent”). I affirm that the information and sup-porting documentation submitted with this subcontracting plan is true and correct. Respondent understands and agrees that, if awarded a contract:

• Respondent will promptly notify all the subcontractors of their selection as a subcontractor for the contract. The notice must specify the contracting agency’s name, point of contact for the contract, the contract award number, the subcon-tracting opportunity the subcontractor will perform and the value of the subcontract.

• Respondent must obtain approval from the contracting agency prior to modifying its subcontracting plan, including hiring subcontractors to perform any work under this contract.

• Respondent must submit progress assessment reports (PAR) with each invoice to the contracting agency. The PAR tem-plate is available on the Comptroller’s website.

• Respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and work site where services are being performed and provide documentation regarding staffing and other resources.

Subcontracting Opportunity Notification Form

If your business is interested in bidding on the subcontracting opportunity identified in Section C, please reply by the date listed.

Section A: Prime Contractor’s Information

Company Name

Section B: Contracting State Agency Information

Section C: Due Date and Description

Subcontracting Opportunity

Time and Date Response Due (minimum seven business days):

Time_ ___________ a.m. p.m. on Date (mm/dd/yyyy)______________

Subcontracting Opportunity Scope of Work: Not Applicable

Required Qualifications: Not Applicable

Bonding and insurance requirements: Not Applicable

Other contract requirements: Not Applicable

Location to review plans/specifications: Not Applicable

RANDOM LIST OF HUB SUBCONTRACTORS

Texas Workforce Commission IFB No. 3202xxxxx

HUB Subcontracting Opportunity Notification Form In accordance with Texas Gov’t Code, Chapter2161, 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, §20.14 requires all respondents (prime contractors) bidding on the contract to provide notice 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, §20.11(19) (C).

We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, and 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:

This is the template to be used to notify potential HUB certified vendors. Include all records of notification and proof of receipt with your HSP. State of Texas VID #:

Point-of-Contact: Phone #:

E-mail Address: Fax #:

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, D ESCRIPTION, R EQUIREMENTS 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 on Central Time Date (mm/dd/yyyy)

In accordance with 34 TAC §20.14, 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, §20.11(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

Attachment 7 - HSP Subcontracting Plan Guide 1 (2)