Presentation on theme: " A "Historically Underutilized Business"... is at least 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American."— Presentation transcript:
A "Historically Underutilized Business"... is at least 51% owned by an Asian Pacific American, Black American, Hispanic American, Native American and/or American woman, is a for-profit entity that has not exceeded the size standards prescribed by 34 TAC §20.23, and has its principal place of business in Texas, and34 TAC §20.23 has an owner residing in Texas with a proportionate interest that actively participates in the control, operations and management of the entity's affairs.
HUB certification is free of charge. Certification is valid for 4 years, provided that business continues to meet the eligibility requirements*.* Business is registered on the Comptroller’s Web- based HUB Directory. State agencies use the HUB Directory in conjunction with the Comptroller’s Centralized Master Bidders List (CMBL) to solicit bids from certified HUBs for state purchasing and public works contracts. Prime contractors also use the HUB Directory to identify HUBs to whom they will send notification of their subcontracting opportunities.HUB Directory Centralized Master Bidders List (CMBL)
Certification Agreements Texas-based minority and woman-owned businesses who are certified with an organization listed below may automatically receive HUB certification if: the certifying entity determines that the business is HUB-eligible, and the certifying entity submits the business´ information to the Statewide HUB Program for approval and inclusion in the HUB Directory.HUB Directory City of Austin City of Houston Dallas/Fort Worth Minority Supplier Development Council El Paso Hispanic Chamber of Commerce Houston Minority Supplier Development Council South Central Texas Regional Certification Agency Southwest Minority Supplier Development Council Texas Department of Transportation Women's Business Council - Southwest Women's Business Enterprise Alliance
In accordance with Texas Gov't Code §2161.252 and Texas Administrative Code §20.14, each state agency (including institutions of higher education) as defined by §2151.002 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. If subcontracting opportunities are probable, each state agency's invitation for bids or other purchase solicitation documents for construction, professional services, other services, and commodities with an expected value of $100,000 or more shall state that probability and require a HUB Subcontracting Plan (HSP).
Infrastructure – Maintenance and Repair - Construction in Progress/Highway Network - (Restricted to TxDOT use only) Infrastructure Infrastructure/Preservation Costs(Restricted to TxDOT use only) Ex. highways and bridges
Facilities and Other Improvements Real Property and Improvements Buildings Infrastructure/Preservation Costs Building Construction would be considered the entire project construction project. Use this category unless a project is individually bid out in parts (ex. drywall only = special trade construction; the complete building = Building Construction).
Buildings - Maintenance and Repair Facilities and Other Improvements/Maintenance and Repair Building Improvements Leasehold Improvements Land Improvements Special Trades would be considered things like mechanical, electrical, roofing, drywall, etc.
Financial and Accounting Services Medical Services Architectural/Engineering Services
Insurance and Bonds Consultants Training Services Legal Services Veterinary Services Other Professional Services Investment Services Maintenance and Repair of Services Moving Services Disposal Services Reproduction and Printing Temp Employment Technology Services Cleaning Services Freight/Delivery
Consumables Fuels and Lubricants Promotional Items Chemicals and Gases Medical Supplies Food Supplies and Materials Furnishings & Equip Plants Fabrics and Linens Computers and Parts Software Vehicles/Boats/Aircraft Animals Raw Materials Resale Merchandise Equipment Leases
The following are not included in the State HUB report: ◦ benefits ◦ claims and judgments ◦ Inter-fund transfers ◦ interagency payments ◦ investments ◦ payment of interest and principal ◦ public assistance payments ◦ rentals and leases ◦ utilities ◦ salaries and wages ◦ travel ◦ grants and scholarships ◦ real estate purchases ◦ rights-of-way, emergency abatement, response ◦ other expenses, as determined by the 2009 State of Texas Disparity Study (as defined by 34 TAC § 20.12(7)), will be excluded from the HUB Report.
Questions: Can second (2nd) tier HUB Subcontracting be reported? What is HUB Subcontracting double reporting? Answer: You can submit HUB subcontracting dollars to any tier level until a HUB subcontractor is paid under the object codes that are allowed on the HUB Report. However, HUB subcontracting double reporting is not allowed. For example, once an agency receives HUB credit, whether it is at the prime level (first level/tier), or subcontractor (second or third level/tier), HUB subcontracting reporting is not allowed beyond the level/tier at which HUB dollars are reported and HUB credit is received.
♦ HUB CREDIT - Agencies and institution of higher education will receive HUB credit for payments made to 11-digit VID numbers that were HUB certified at any time during the current fiscal year’s reporting period. Payments meeting this criterion are added to the total expenditure column and HUB expenditure column. ♦ NO HUB CREDIT - Agencies and institution of higher education will not receive HUB credit for payments made to 11-digit VID numbers that were not HUB certified during the current fiscal year’s reporting period. Payments meting this criterion are added to the total expenditure column and the Non-HUB expenditure column. ♦ If a HUB vendor is active/certified at any time during the current fiscal year’s reporting period, agencies and institutions of higher education will receive HUB credit for the entire fiscal year (retroactive). In addition, if a vendor is decertified at any time during the current fiscal year’s reporting period, an agency will still receive HUB credit for the entire fiscal year. An agency will not receive HUB credit for a decertified HUB the following fiscal year, unless that HUB becomes recertified.
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).
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.
For example, if there is a construction contract that you are submitting a proposal on, it is common to divide the work as follows: mechanical/HVAC, glass, electrical, roofing, tile/flooring, drywall, painting, demolition, etc.
Depending on what goals you have met, determines what the State of Texas requires. If you are ONLY using Texas certified HUBs to perform all subcontracting opportunities, you can use method A of the Subcontracting plan. or If you meet the HUB goals listed in the earlier slide (In the example before, this contract was considered a building construction contract and the HUB goal was 21.1% )… you can utilize Method A of the Subcontracting plan. **The HUBs you are using for this must be for contracts in place 5 years or less.
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.
Depending on what goals you have met, determines what the State of Texas requires. If you are NOT using ONLY Texas certified HUBs to perform all subcontracting opportunities, you can use method A of the Subcontracting plan. or If you HAVE NOT met the HUB goals listed in the earlier slide… you MUST utilize Method B of the Subcontracting plan.
Minority & Women Organization Links The Statewide HUB Program collaborates with various minority and women business trade organizations and development centers to circulate information pertaining to the initiatives of the Statewide HUB Program. Identified below are some of the minority and women trade organizations and development centers the Statewide HUB Program has work with. In addition, these entities have expressed their willingness to accept notices of subcontracting opportunities from vendors to distribute to their minority and woman-owned business members. American Indian Chamber of Commerce of Texas Dallas/Fort Worth Minority Supplier Development Council Houston Minority Supplier Development Council Southwest Minority Supplier Development Council Texas Association of Historically Underutilized Businesses Tri-County Black Chamber of Commerce Women Contractors Association Women's Business Council – Southwest Women's Business Enterprise Alliance NOTE: The entities listed above have consented to be listed on this site and have agreed to participate in allowing vendors to provide them with notice of their subcontracting opportunities per TAC §20.14. To be added to the list, please call (512) 463-6958.TAC §20.14
Method AMethod B If you are only using HUB subs OR you meet the University’s goals. Do not have to solicit. Do not have to advertise in minority trade publication Must solicit at least three HUBs for EACH subcontracting opportunity identified. Must advertise in a minority trade publication.
The State of Texas Mentor Protégé Program is designed to foster relationships between prime contractors and Historically Underutilized Businesses (HUBs). The objective of the Mentor Protégé Program is to provide professional guidance and support to the protégé (HUB) in order to facilitate their growth and development and increase HUB contracts and subcontracts with the State of Texas. The mentor-protégé relationship is mutually beneficial since mentors can use their protégés to fulfill HUB subcontracting requirements when bidding on state contracts with expected values of $100,000 or more. It is advantageous to build a partnership prior to a solicitation or contract award to establish confidence in performance.
The following criteria may be considered for Mentor participation by state agencies: Registration with the State of Texas Centralized Master Bidders List,Centralized Master Bidders List Previous mentoring experience and prior work history, Ability to provide developmental guidance in areas identified by the protégé, and "Good Standing" in doing business with the State of Texas.Good Standing The following criteria may be considered for Protégé participation by state agencies: Eligibility and willingness to obtain HUB certification under the State of Texas HUB Program (Protégé must be certified as a HUB prior to TPASS listing the Mentor Protégé Agreement on the official list),HUB certification Business in operation for at least one year, Desire to participate with a mentoring firm, Ability to identify the type of guidance needed for business development, and "Good Standing" in doing business with the State of Texas.Good Standing For more information, please contact TPASS's Statewide HUB Program toll-free at: 1-888-863-5881
Make sure you sign and date the Subcontracting Plan Make sure you provide supporting documentation (emails, logs, etc.) Fill out all relevant sections of the form Look into using a Mentor-Protégé program Contact the University for assistance in locating HUBs or access the states search site at http://www.window.state.tx.us/procurement/ cmbl/hubonly.html http://www.window.state.tx.us/procurement/ cmbl/hubonly.html
Not identifying all relevant subcontracting opportunities (we will compare with industry standards and compare with other submitted HUB Subcontracting Plans). Not providing at least 7 days notice to potential HUBS as required. Not providing notice in a minority or women trade publication. Not soliciting registered HUBs. Not soliciting at least THREE HUBs for each subcontracting opportunity.