ESBD_File_323663_582-24-50014 - Pre-Proposal Conference HUB Program.pdf

Claribel Diaz – HUB Program Coordinator Wendy Cole – Assistant HUB Program Coordinator

Texas Statewide Historically

Underutilized Business (HUB)

Program

Mentor Protégé Program

Important Links

Key Personnel

HUB

Subcontracting

Plan (HSP)

Good Faith Efforts (GFE)

Texas Rules/Codes

Topics of Discussion

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.

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) 20.285 - A Respondent may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities.

Notes:

HUB requirements are for any contract that is $100,000 or more over the life of the contract, including any renewals.

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 https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/ http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 http://texreg.sos.state.tx.us/public/readtac$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

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.

Note: TCEQ doesn’t have construction contracts.

CPA Statewide HUB Goals http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=284 http://texreg.sos.state.tx.us/public/readtac$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

Legal Authority for HUB Program and DBE Program

Legal Authority for the State HUB Program

• Texas Government Code

(TGC) §2161.252

• 34 Texas Administrative Code (TAC) §20.281 - §20.298

Legal Authority for EPA Federal DBE Program

• Title 40 Part 33, Code of Federal Regulations (CFR)

Note: Some Contracts at TCEQ have both state and

EPA Federal funding.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y https://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://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=203aed22848fd8cb14fe3830de3ac9a9&mc=true&r=PART&n=pt40.1.33#se40.1.33_1105 https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=203aed22848fd8cb14fe3830de3ac9a9&mc=true&r=PART&n=pt40.1.33#se40.1.33_1105

Good Faith Efforts

(GFE)

From the Texas Comptroller of Public Accounts (CPA):

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.

Note: The 5+ years is defined by having ONE continuous contract for five years or more. If the Contractor has multiple contracts with the HUB vendor with staggered time frames, then it is not applicable.

GFE 3

Meeting/ Exceeding HUB Goal

Subcontracting all work to only

Texas certified HUB vendors.

GFE 2

Active HUBs

Subcontracting any portion of the contract to Texas certified HUB vendors and Non- HUB vendors or only to Non-HUB vendors.

GFE 1

Solicitation

Method

Good Faith Efforts (GFE)

Who Completes an HSP?

Everyone who is submitting a proposal as a probable Prime.

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

Even if you are Self- Performing and not subcontracting any part of the Contract.

Even if the Respondent is an active HUB.

Subcontracting?

Yes!

List all subcontractors on the

HSP Form.

Including 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.

At any time during the contract, you may amend or change your

HSP.

HUB Subcontracting Plan (HSP)

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).

You must provide copies of CMBL profiles for all vendors to confirm their

HUB statuses and VIDs.

Reminder: You can only use this GFE 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.

HSP Attachment A Form (Method A)

HSP Sections: 1, 2, 4, A-1, A-2

GFE 3 – Meeting/Exceeding Will you be meeting and/or 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 you’ll also be using Non-HUB vendors?

Copies of notification emails not needed. All vendors must be Active

HUBs. You must provide copies of CMBL profiles for all active HUB vendors to confirm their HUB statuses and

VIDs.

HSP Attachment A Form (Method A)

HSP Sections: 1, 2, 4, A-1, A-2

GFE 2 – Active HUB

Will you be subcontracting all work to active

HUBS?

Notify a minimum of 3 Active HUBs from the CMBL and a minimum of 2 Minority/Women Owned

Trade Organizations for each Subcontracting Opportunity.

You must provide copies of the submitted email notifications with the “7 working days deadline”. Note:

We do not need copies of the vendors’ responses. You must also provide copies of

CMBL profiles for all vendors to confirm their HUB statuses and VIDs.

HSP Attachment B Form

(Method B)

HSP Sections: 1, 2, 4, B-1, B-2, B-3, B-4

GFE 1 – Solicitation Method

Will you be subcontracting part of the work with active

HUBs and non-HUBs?

Which GFE Should You Do? Self-Perform 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) you must submit the HSP stating this information.

HSP Sections:

1, 2a., 3 and 4.

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.

CPA’s HSP Opportunity Notification Form for Good

Faith Effort (GFE) 1 – Solicitation Method

Another option when processing GFE 1:

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) https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-opportunity-notification.pdf https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-opportunity-notification.pdf

HSP

and

Subcontractors

HSP:

• Ensure all your subcontractors are listed in the

HUB Subcontracting Plan (HSP).

Key Personnel Tab - Reminder:

• Any staff that is a “1099 employee” – not on your payroll and is listed in your Proposal’s Key Personnel tab is considered a “subcontractor” and must be listed in the HSP.

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 monthly compliance reports (the Contractor Progress Assessment Report (PAR)) to the contracting agency, verifying compliance with the HSP.

• The Respondent must seek approval from the contracting agency prior to making any modifications to their HSP, including hiring additional subcontractors or replacing a current HSP subcontractor.

• The Respondent (Prime) must use TCEQ’s internal “HSP Amendment Request Form” to amend their HSP.

Post Contract Award

Progress Assessment Report (PAR)

• 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.

After Contract Award Monitoring Progress Assessment Report

(PAR)

•The PAR is a condition of payment.

•The Prime must complete the PAR and submit with the invoice on a monthly basis.

•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).

*Environmental Protective Agency

(EPA)

Disadvantage Business Enterprise.

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 TAC Rule §20.298.

CPA Mentor-Protégé Program https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

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 https://comptroller.texas.gov/ https://comptroller.texas.gov/ https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/vendor/hub/resources.php https://comptroller.texas.gov/purchasing/vendor/hub/resources.php https://comptroller.texas.gov/purchasing/vendor/hub/resources.php https://comptroller.texas.gov/purchasing/vendor/hub/resources.php https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=D&div=1&rl=Y https://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://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

Questions?

Contact the

TCEQ HUB

Program for assistance via email.

Claribel Diaz – HUB Coordinator Claribel.Diaz@tceq.texas.gov

Wendy Cole – Assistant HUB Coordinator

Wendy.Cole@tceq.texas.gov

Include both Claribel and Wendy when email is submitted.

HSP Courtesy Reviews

Provided by

TCEQ HUB

Program when requested!

TCEQ HUB Program mailto:Claribel.Diaz@tceq.texas.gov mailto:Wendy.Cole@tceq.texas.gov