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Page 1: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

HUB Participation and HUB Subcontracting Plan Requirements

Training

Administrative Services Development HUB Program Office

Page 2: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

Health and Human Services CommissionHistorically Underutilized Business (HUB)Participation Requirements

HHSC HUB Program Mission, Goals and Objective

Statutory Requirements for HUB Participation

Administrative HUB Rules

HHSC Requirements for HUB Participation

Page 3: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

HUB Program Mission, Goals

And Objectives

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HUB Program Mission

State of Texas Disparity Study Goals

Utilization of HUBs in procurement and contracting processes

Contract Directly Contract Indirectly(Subcontracting)

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HUB Program Goals and Objectives

The Commission is committed to promoting full and equal business

opportunities for all businesses in State contracting as

referenced in HUB Rules and in accordance with the

goals as related to the State of Texas Disparity Study:

11.9% for heavy construction other than building contracts; 26.1% for all building construction 57.2% for all special trade construction contracts; 20% for professional services contacts; 33% for all other services contracts; and, 12.6% for commodities contracts.

Reference: Texas Administrative Code. Title 34. Part 1. Chapter 20. Subchapter B. Rule 20.11 and Rule 20.13.

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Statutory Requirements for

HUB Participation

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What is a HUB?

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Statutory Requirements for HUB Participation

TX GOVERNMENT CODE. CHAPTER 2161.001. HISTORICALLY UNDERUTILIZED BUSINESSES. SUBCHAPTER A.

“Historically Underutilized Businesses” is defined as:

Business where headquarters resides in Texas For profit business 51% or more of the business is owned by an Economically Disadvantaged Person

(EDP) EDP actively participates in the business’ control, operation, and management

“Economically Disadvantaged Person” is defined as:

A person who is economically disadvantaged because of the person’s identification as a member of a certain group (i.e. Black Americans, Hispanic Americans, Women, Asian Pacific Americans, and Native Americans) and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control.

Page 9: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

Statutory Requirements for HUB Participation

Texas Legislature

TX GOVERNMENT CODE. CHAPTER 2161.002 (2) (C). HISTORICALLY UNDERUTILIZED

BUSINESSES. SUBCHAPTER A.

TX Comptroller of Public Accounts

TX GOVERNMENT CODE. CHAPTER 2161.003. HISTORICALLY UNDERUTILIZED

BUSINESSES. SUBCHAPTER A.

State Agencies and Institutions of Higher Education

Rules apply to the Agency’s construction projects and purchases of goods and services

paid for with appropriated money without regard to whether a project or purchase is

otherwise subject to this subtitle.

Page 10: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

Statutory Requirements for HUB Participation

Good faith effort to increase contract awards during a fiscal year to historically

underutilized businesses

TX GOVERNMENT CODE. CHAPTER 2161.181 – 182. HISTORICALLY UNDERUTILIZED BUSINESSES. SUBCHAPTER D.

STATE AGENCY PURCHASING GOALS

Contract directly or indirectly

HUB Disparity Goals.

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Statutory Requirements for HUB Participation

HUB Subcontracting Plan

TX GOVERNMENT CODE. CHAPTER 2161.252. HISTORICALLY UNDERUTILIZED BUSINESSES. SUBCHAPTER D.

AGENCY DETERMINATION REGARDING SUBCONTRACTING OPPORTUNITIES

Contract over $100,000 + Subcontracting

=

Page 12: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

Statutory Requirements for HUB Participation

TX GOVERNMENT CODE. CHAPTER 2161.253. HISTORICALLY UNDERUTILIZED BUSINESSES. SUBCHAPTER D.

GOOD FAITH COMPLIANCE WITH BUSINESS SUBCONTRACTING PLAN.

HUB Subcontracting Plan

HUB Subcontracting Plan (HSP):

• The HSP is included as a part of the contract.

• Good faith effort to implement the plan during the term of the contract.

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Administrative HUB Rules

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Administrative HUB Rules

Rules 20.11, 20.13, and 20.14 involve HUB policy and procedures in state

agency procurement/contracting processes

Texas Administrative Code. Title 34. Part 1. Chapter 20. Subchapter B.

Rule 20.11 – 20.28 20.11 Policy and Purpose 20.12 Definitions 20.13 Annual Procurement Utilization Goals 20.14 Subcontractors 20.15 Agency Planning Responsibilities 20.16 State Agency Reporting Requirements 20.17 Certification Process 20.18 Protest 20.19 Recertification 20.20 Revocation 20.21 Certification and Compliance Reviews 20.22 Texas Historically Underutilized Business Certification Directory 20.24 Program Review 20.25 Memorandum of Understanding between the Department of Economic Development and the Texas

Comptroller of Public Accounts 20.26 HUB Coordinator Responsibilities 20.27 HUB Forum Programs for State Agencies 20.28 Mentor Protégé Program

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=B&rl=Y

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Administrative HUB Rules

Texas Administrative Code. Title 34. Part 1. Chapter 20. Subchapter

B. Rule 20.11. Policy and Purpose.

Policy of the Commission:Encourage HUB utilization by State Agencies and to assist agencies in the implementation of this policy through race, ethnic, and gender-neutral means.

Promote full and equal business opportunities for all businesses in state contracting in accordance with the goals related to the State of Texas Disparity Study and 34 TAC Sections 20.11 through 20.28.

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HHSC Requirements for HUB Participation

1. HUB Subcontracting Plan (HSP) Determination of HUB Probability

2. Inclusion of the HSP

3. Development and Submission of HSP

4. HSP Evaluation and Findings

5. Vendor Conference

6. HSP Overview

7. HUB Post Award Meeting

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HSP Determination of HUB ProbabilityManaged by HUB Coordinators

State Agencies shall use the following steps to determine if subcontracting opportunities are probable under the contract with an expected value of $100,000 or more:

Review HUB Annual Procurement Utilization Goals;

Research Centralized Master Bidders List, HUB Directory, Internet and other directories identified by the Commission for HUBS that may be available to perform the contract work;

Contact other state and local agencies and institutions of higher education to obtain information regarding similar contracting and subcontracting opportunities; and,

Review history of similar agency purchasing transactions.

Once a determination has been made by the HHSC Coordinator/Administrator, the determination is documented , with the appropriate form, in the procurement file

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Inclusion of the HSPManaged by HUB Coordinators

The HUB Participation Section (Section 4) of the solicitation instrument will be updated with the appropriate language, which will also include potential subcontracting

opportunities related to the procurement as identified by HHSC

Contract over $100,000 + Subcontracting

=HUB Subcontracting Plan

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Development and Submission of the HSP

The HUB subcontracting plan shall be submitted at the same time as the response (bid, proposal, offer, or other applicable expression of interest), except for construction contracts involving alternative delivery methods.

Responses that do not include a completed HUB Subcontracting plan will be rejected due to material failure to comply with advertised specifications in accordance with Subsection 113.6(a) of Title 34 relating to Bid Evaluation and Award, or Section 20.14 relating to Development and Submission of the HSP.

Managed by Respondents

Page 20: HUB Participation and HUB Subcontracting Plan Requirements Training Administrative Services Development HUB Program Office.

HSP Evaluation and FindingsManaged by HUB Coordinators

The HUB subcontracting plan shall be reviewed and evaluated prior to contract award and, if accepted, shall become a provision of the agency’s contract.

Revisions necessary to clarify and enhance information submitted in the original HUB subcontracting plan may be made in an effort to determine good faith effort.

State agencies shall review the documentation submitted by the respondent to determine if a good faith effort has been made in accordance with Title 34.

If HHSC determines that a submitted HUB subcontracting was not developed in good faith, HHSC will determine a material failure to comply with advertised specifications and the subject response (bid, proposal, offer) shall be rejected. The reasons for rejection shall be recorded in the procurement file.

HHSC HUB Coordinator/Administrator will document its finding and determination for compliance which will be sent to the project manager for inclusion in the procurement/contract file (copy to HUB Program Office).

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Vendor ConferenceManaged by HUB Coordinators

A Vendor Conference is always encouraged to highlight the HUB Requirement for the development and submission of the HSP, and any new requirements related to the

procurement/contract.

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HUB Subcontracting Plan(HSP) Overview

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If HSP is inadequate, response will be rejected

HSP Information Page

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HSP Information Page

HUB GOALS

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Special reminders and instructions

HSP Information Page

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Section 1: Company

Information

HSP Information Page

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Section 2:

SubcontractingDeclaration

OrSelf Performance

Declaration

HSP Information Page

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If more than 20 subcontracting

opportunities, click the link provided to

continue adding

HSP Information Page

Section 2:Enter

subcontracting opportunities

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One page for each area

subcontracted(listed on page

1)

HSP Information Page

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Section 3:List Line # and Subcontracting

Opportunity

HSP Information Page

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Section 4:Protégé

performing the work

HSP Information Page

Section 8:Skip to

Sections 8 and 10

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Section 5: Professional

Services Category

HSP Information Page

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Section 6(a): Good Faith Efforts to

find/include Texas Certified HUB Vendors

HSP Information Page

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Section 6(b):Contact HUB

Trade Organization

HSP Information Page

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Section 6(c):Written

Notification Requirements

HSP Information Page

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Section 7:List 3 HUBs

Contacted for this

Subcontracting Opportunity

HSP Information Page

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Section 8:List Subs Selected

(HUBs & Non-HUBs) for this

Subcontracting Opportunity

HSP Information Page

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Section 8:Reason why HUB

was not selected for this Subcontracting

Opportunity

HSP Information Page

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Section 9:Self Performance

Explanation

HSP Information Page

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Section 10: Signature

Affirms that True and Correct

Information is Provided

HSP Information Page

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• Required with ALL Pay Requests

• List ALL Sub payments (HUBs & Non-HUBs)

HSP Prime Contractor Progress Assessment Report

ATTACHMENT “E”

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HUB Post Award MeetingManaged by HUB Coordinators

The Post Award Meeting is conducted to address questions and provide clarification regarding:

• Monthly Reporting using the Progress Assessment Report (PAR); • Notification of changes in subcontractors; or the original HSP;• Amendments and Renewals;• Fiscal Year Expenditure Totals (September 1st – August 31st);• Determining HUB or Minority Status;• HUB Certification and Re-Certification with the State’s HUB Program; and,• Any Other Contract Requirements.

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Administrative Services Development HUB Program Office

Robert L. Hall, C.P.M. Director of Administrative Services Development

- (512) 424-6596- [email protected]

Carlos A. Balderas ASD HUB Administrator

- (512) 424-6896- [email protected]

Sherice V. Williams-Patty ASD HUB Administrator

- (512) 424-6903- [email protected]

Sharon AddisonASD Procurement / HUB Program Team Leader- (512) 487-3404- [email protected]


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