Electronic Notification to CMBL Vendors for ESBD Postings

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Transcript Electronic Notification to CMBL Vendors for ESBD Postings

State of Texas Procurement
Overview
Richard D. Ehlert, CTPM
Texas Building & Procurement
Commission
Internal Procurement Manager
Training Overview
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Procurement Basics
Explaining Exhibit A, HUB
Subcontracting Plan
Challenges for State of Texas
Purchasers
Value-Added Work Ethics
Summary
TBPC Internal Procurement
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What does TBPC Internal Procurement do?
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Procure Goods/Services for TBPC use
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Procure Goods/Services for other agencies as mandated by
HB3042
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Anything from office supplies to new construction of State
Office property
Custodial, Security, HVAC Repair, MEP, A/E Services, etc…
Uses all methods of procurement from term contracts to
complex solicitations
Co-sponsor (with Accounting) the P-Card program
Administer the Procurement Databases
Administer the TBPC HUB Program
TBPC Internal Procurement
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What does Internal Procurement do?
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Procurement Totals:
Purchase Orders POCN’s
Totals
FY05
858
466
$125,497,339.02
FY06
1,144
573
$ 62,305,718.34
Procurement Basics
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Purchasing Dollar Thresholds
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$0.01 - $5,000.00
Spot Purchase
ONE hard copy quote/bid required;
HUB’s suggested
$5,000.01 - $25,000.00
Informal Bid
Telephone allowed; THREE quotes/bids
required; TWO of the bids must be HUB’s;
hard copy quotes for po placement
$25,000.01 - UP
Formal Bid
Posting on ESBD & notification to all vendors
registered under the applicable Class/Item code with
minimum posting times (usually 14-21 calendar days).
Procurement Basics (con’t)
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What is a Class/Item Code?
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This is the NIGP assigned code for the item and/or service your are
procuring. These codes are listed in the NIGP Commodity Book. Example
would be:
 910-14 Door Installation, Maint & Repair (Metal)
 625-13 Binoculars
The ‘Class’ is a broad category
The ‘Item’ is more specific
Why is this important to me?
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This is your first clue as to where to look for a source to obtain your desired
item. – CLUE – LEAD TIME
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The CMBL contains a list of vendors, including HUB’s, registered by
Class/Item code.
Procurement Basics (con’t)
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How do I access the NIGP Commodity Book?
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From the TBPC website, of course. Search by alpha listing, and by
description
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http://www.tbpc.state.tx.us/com_book/index.html
Living Code is available that provides detailed, standardized descriptions w/ 11-digit
How do I access the CMBL?
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From the TBPC website, of course. Search by Class/Item code
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http://www.tbpc.state.tx.us/stpurch/index.html
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Defaults to ‘All Vendors’; choose a category
Procurement Basics (con’t)
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Purchasing Methods & Choices
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Surplus Property
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Anything valued at less than $200.00 is free to
State employees for State use
Inventory updated and available on-line
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http://www.tbpc.state.tx.us/communities/supportserv/prog/states
urplus/locations-and-inventory
State of Texas Surplus Manager:
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Shannon Franklin, 512-463-9709
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Procurement ‘Set-Asides’
These are purchases which, either
according to statute or award, are exempt
from competition.
(this means – no competition required).
Examples of these include TIBH / TCI.
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Automated Term Contracts
These are awarded, on a Statewide level, by POCS at TBPC.
All State agencies are to use term contracts whenever
possible, if the product or service meets the requirement.
Once you have determined your Class/Item Code, you may
access the Term Contracts from the TBPC website, direct
weblink below:
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http://www.tbpc.state.tx.us/cat_page/index.html
Search by Class/Item code
Determine if item description, cost, and lead time fit your
needs.
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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DIR Go Direct
These are contracts and awards for AIS (Automated
Information Systems) and technology based commodities
and services. These are also exempt from competition.
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Go to the DIR website at http://www.dir.state.tx.us/index.htm
Search by Vendor Name, Contracts, or by Class/Item
Code/CISV
Negotiation allowed
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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CISV
‘Catalogue Information Systems Vendors’; if AIS
item is not on DIR Go Direct, use these TBPC
approved vendors for AIS items/services.
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Search by Class/Item Code
Make sure vendor is a CISV Vendor
Over $5K; three quotes required
Negotiation allowed
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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TXMAS
These are contracts that are awarded to vendors that
qualify, based upon the fact that the vendor has a Federal
GSA contract in place. These are also exempt from
competition.
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Access the TxMAS Schedule from the TBPC website; direct link
below: http://portal.tbpc.state.tx.us/txmas/
Search by item or service description
Determine if item description, cost, and lead time fit your
needs.
Negotiation is allowed; Internal Procurement Purchaser will
assist.
Additional two hour TXMAS training available
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Richard San Jose 463-3421
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Interagency Contracts (IAC’s)
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Signed Contract/Memo with another agency
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Contract – over $50K
Memo – under $50K
When your agency pays for goods/services
from another agency, a purchase order should
be issued
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Internal Repairs
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Definition: When the extent of the repair cannot be reasonably
determined until the equipment is disassembled.
An internal repair must contain labor and may include parts.
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Example: Repair of an air conditioner that quit working.
Proprietary Purchases
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Justification Form required
Reference Government Code 2155.067
Must be solicited/advertised
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Emergency Purchases
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Justification Form Required
Reference Government Code 2155.137
Competition
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Spot Purchase, Informal, and Formal
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Payment Card
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A business to business MasterCard credit card which
allows designated employees to pay for spot purchases
under delegated authority and dollar limit directly from
merchants.
Goals of the Program:
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Cost reduction through time/money saved
Shortened procurement cycle
Employee empowerment
Procurement Basics (con’t)
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Purchasing Methods & Choices (con’t)
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Payment Card (con’t)
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Benefits
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Efficient tool.
Faster payment to vendors.
Provides transaction details on monthly Smart Data statement
Departmental delegated authority: agency sets limit
 Single purchase limit:
$2,000 per cardholder
 Monthly purchase limit:$5,000 per card (standard)
State law mandates that large purchases shall not be
broken down into small purchases to avoid the
competitive bid process.
Procurement Basics (con’t)
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How do I know what the order of precedence
is for a procurement?
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Generally, the order is:
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Surplus Property
DIR / CISV / CCG
Set aside
Term Contract
TXMAS
Competition
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$25K and over; posting time requirement
How do I know if what I want is available on
set-aside, Term Contract, or TXMAS?
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The TBPC website, of course.
Procurement Basics (con’t)
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How to find a source for your procurement
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Every situation is specific, however here is a brief
outline of the standard process:
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Determine
Determine
Determine
Determine
Determine
Determine
Determine
Class/Item Code
if the item can be obtained through Surplus
if the item is a DIR/Go Direct/CISV
if item can be bought from a TXMAS contract
if the item can be bought from a set-aside
if the item is on Term Contract
your competition – remember HUB reqmnt
Procurement Basics (con’t)
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The Agency Purchaser has the responsibility
and ultimate decision on assigning the correct
and most appropriate procurement method in
accordance with statute, rule, and policy.
Procurement Basics (con’t)
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State of Texas Procurement Requirements
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Structured by:
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TGC (2155, 2156, others)
http://tlo2.tlc.state.tx.us/statutes/gv.toc.htm
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TAC
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=1
&pt=5&ch=113
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Procurement Manual
http://www.tbpc.state.tx.us/communities/procurement/pub/manual
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Contract Management Guide
http://www.tbpc.state.tx.us/communities/procurement/pub/contractguide
/contractguide
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Business Best Practices
Procurement Basics (con’t)
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State of Texas Procurement Requirements
(con’t)
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Documentation for every purchase order
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Quotes/bids – hard copy format
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Original and completed requisition
Purchase Order
Comptroller check
EPLS check
Posting notification (ESBD – over $25K)
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CMBL / vendor list
14-day minimum for posting
Award notification
HSP ($100K and over)
Procurement Basics (con’t)
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State of Texas Procurement Requirements
(con’t)
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Contracts $1M and over
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CATRAD requirement
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On-line questionnaire and solicitation submission
Contracts $5M and over
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Posting on ESBD
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Including updates/amendments/pocn’s
Procurement Basics (con’t)
State of Texas Procurement Requirements
(con’t)
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LBB Reporting
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a contract for $14,000 or more for consulting services as
defined by Section 2254.021(1), Government Code;
a contract for $14,000 or more for professional services as
defined by Section 2254.002(2), Government Code;
a contract for $14,000 or more for construction services;
a contract for $100,000 or more for major information
systems as defined by Section 2054.008, Government Code;
or
a contract for $50,000 or more for goods or services that are
not consulting services, professional services, construction
services or major information systems
Procurement Basics (con’t)
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State of Texas Procurement Requirements
(con’t)
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Renewing and Managing Contracts and Purchase
Orders
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Contract Administrator should call the vendor to discuss
the renewal and obtain verbal approval from vendor
Contract Administrator should be familiar with the
contract in order to know how much the renewal will
cost:
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Escalation fees and allowed increases
Complete requisition
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Procurement verifies costs to the contract and
communicates the renewal to the vendor in the form of a
Purchase Order Change Notice (POCN)
Procurement Basics (con’t)
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State of Texas Procurement Requirements
(con’t)
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Renewing and Managing Contracts and Purchase
Orders (con’t)
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Contract and/or Purchase Order Term:
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All contracts/purchase orders must have a term defined
Accounts Payable cannot pay for an item or service unless
it falls inside the term date
If your purchase order will not be completed within the
originally defined term period, then you should complete a
Purchase Order Change Notice (POCN) to define the new
term date
Provide a brief reason
Procurement Basics (con’t)
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State of Texas Procurement Requirements
(con’t)
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Renewing and Managing Contracts and Purchase
Orders (con’t)
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What are some of the reasons for a POCN?
 Price Change
 Purchase Order Term Change
 Increase or decrease the dollar amount on a PO
 Change Org Code or Funding Source
Explaining Exhibit A – the HSP
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HSP is required for all solicitations
$100K and greater
TBPC Link to HSP Form:
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http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hubforms
Explaining Exhibit A – the HSP
(con’t)
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§ 2161.252. AGENCY DETERMINATION REGARDING
SUBCONTRACTING OPPORTUNITIES; BUSINESS
SUBCONTRACTING PLAN. (a) 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 for the contract,
determine whether there will be subcontracting opportunities
under the contract. If the state agency determines that there is
that probability, the agency shall require that each bid, proposal,
offer, or other applicable expression of interest for the contract
include a historically underutilized business subcontracting plan.
(b) When a state agency requires a historically underutilized
business subcontracting plan under Subsection (a), a bid,
proposal, offer, or other applicable expression of interest for the
contract must contain a plan to be considered responsive.
Added by Acts 1999, 76th Leg., ch. 1499, § 2.10, eff. Sept. 1,
1999.
Explaining Exhibit A – the HSP
(con’t)
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§ 2161.253. GOOD FAITH COMPLIANCE WITH BUSINESS SUBCONTRACTING
PLAN. (a) When a state agency requires a historically underutilized business
subcontracting plan under Section 2161.252, the awarded contract shall contain,
as a provision of the contract that must be fulfilled, the plan that the contractor
submitted in its bid, proposal, offer, or other applicable expression of interest for
the contract. The contractor shall make good faith efforts to implement the plan.
A contractor's participation in a mentor-protege program under Section
2161.065 and submission of a protege as a subcontractor in the contractor's
historically underutilized business subcontracting plan constitutes a good faith
effort under this section for the particular area of the subcontracting plan
involving the protege. (b) To the extent that subcontracts are not contracted for
as originally submitted in the historically underutilized business subcontracting
plan, the contractor shall report to the state agency all the circumstances that
explain that fact and describe the good faith efforts made to find and
subcontract with another historically underutilized business. (c) The state
agency shall audit the contractor's compliance with the historically underutilized
business subcontracting plan. In determining whether the contractor made the
required good faith effort, the agency may not consider the success or failure of
the contractor to subcontract with historically underutilized businesses in any
specific quantity. The agency's determination is restricted to considering factors
indicating good faith. (d) If a determination is made that the contractor failed to
implement the plan in good faith, the agency, in addition to any other remedies,
may bar the contractor from further contracting opportunities with the agency.
(e) The commission shall adopt rules to administer this subchapter.
Reviewing the HSP
Why is it important to give clear
direction?
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Intensive process
Vendor compliance reliant
You need the vendors bid or proposal
The vendor needs clear direction for
success
Reviewing the HSP (con’t)
INTRODUCTORY REMARKS
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The Historically Underutilized Business Program activities are
designed to promote full and equal business opportunities for all
businesses in the State of Texas. Therefore, in accordance with
Gov’t Code §2161.252, the contracting agency has determined
that subcontracting opportunities are probable under this
contract. Therefore, respondents, including State of Texas
certified Historically Underutilized Businesses (HUBs), must
complete and submit a State of Texas HUB Subcontracting Plan
(HSP) with their solicitation response.
NOTE: Responses that do not include an HSP WILL be
rejected pursuant to Gov’t Code §2161.252(b).
The percentages located in the second major paragraph at the
top of page one of the HUB Subcontracting Plan are goals
established by the Texas Building & Procurement Commission for
each of the listed contract types. These goals are defined in
Texas Administrative Code 111.13.
Reviewing the HSP (con’t)
SECTION 1 Everyone will complete Section 1.
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Section 1a: Complete the fields for:
‘Respondent/Company Name’
‘State of Texas VID #’
‘Point of Contact’ at your firm during the
solicitation
‘Phone #’ of the primary contact
Section 1b; check either ‘Yes’ or ‘No’ if your firm is a certified
State of Texas HUB. Remember, even if you are a State of Texas
Certified HUB, you must complete the HUB Subcontracting Plan
as directed in the following sections.
Section 1c: complete by placing the solicitation number in this
field.
Reviewing the HSP (con’t)
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SECTION 2 Everyone will complete Section 2 and select either ‘Yes’ or ‘No’.
Section 2: if you select ‘No, I will not be subcontracting any portion of
the contract and will be fulfilling the entire contract with my own
resources’:
Skip to Section 9 on the third page of the HSP, and state in narrative format
your justification, ability, and affirmation to self perform all portions of this
contract.
Complete Section 10 with your signature, printed name, title, and date. This
form must be signed by an authorized representative of your company, and
by your signature you affirm that if awarded, your company will comply with
the requirements of the HSP and those requirements listed in Section 10.
Section 2: if you select ‘Yes, I will be subcontracting portion(s) of the
contract’:
For every trade that you will subcontract, you must list those trades in the
fields provided. For example, if, in a construction solicitation you would be
subcontracting mechanical drawings, you would place the trade name
‘mechanical and cad drawings’ in Box #1 in Section 2. Complete the boxes
provided in Section 2 for as many trades as you will subcontract. If you have
more than twenty trades to subcontract, simply download the extension from
the link provided at the bottom of Section 2 on this first page of the HSP.
Reviewing the HSP (con’t)
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SECTION 3 - SECTION 8
For every trade that you listed in Section 2, you must complete page 2 of
the HSP Sections 3 – Section 8; this is where you will document your
required ‘Good Faith Effort’ in developing and completing the HSP. As an
example, if you listed four trades in Section 2, then you will perform a
Good Faith Effort for all four trades, and submit four pages of the HSP
containing Section 3 – Section 8.
At the top of page 2 complete the field for ‘Enter your company’s name
here’ and ‘solicitation number’.
SECTION 3
Section 3: continuing with our example from Section 2 Box #1,
‘mechanical and cad drawings’, place the line item number and trade
description from Section 2 in the spaces provided in Section 3. Example
‘Line Item #1’, and ‘Description cad and mechanical drawings’.
Reviewing the HSP (con’t)
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SECTION 4
If you, the prime contractor (and respondent to the RFP) are a mentor to
the selected subcontractor for this particular trade, and this relationship
is documented by an official State of Texas Mentor-Protégé Agreement,
you have met the Good Faith Effort for this particular subcontracting
opportunity under Texas Administrative Code 111.14, and may select
‘Yes’ and move on to Section 8 and Section 10.
If your firm does not meet the Mentor-Protégé requirements listed
above, select ‘No’, and move on to Section 5.
Reviewing the HSP (con’t)
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SECTION 5
This section applies only to Professional Services contracts (as defined by
Texas Gov’t Code 2254.002). Contracts that are defined as ‘Professional
Services Contracts’ are those that require the services of a licensed
professional such as:
accounting;
architecture;
landscape architecture;
land surveying;
medicine;
optometry;
professional engineering;
real estate appraising;
professional nursing
Normally these services are solicited on an Request for Qualification
(RFQ).
If this is not a Professional Services solicitation, then this section does
not apply, you may check ‘No’ and proceed to Section 6.
Reviewing the HSP (con’t)
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SECTION 5 (con’t)
If this is a Professional Services solicitation, and the total HUB
subcontracting percentage is at least 20% or more of the contract, you
have met the Good Faith Effort under Texas Administrative Code 111.14.
Select ‘Yes’, and then move on to Section 8 and Section 10.
If this is a Professional Services solicitation, and the total HUB
subcontracting percentage is less than 20%, you must go on to Section
6 and perform the Good Faith Effort requirements listed in Section 6.
Please note that the 20% requirement for Professional Services HUB
Subcontracting is the total of all HUB Subcontracting requirements, not a
‘per subcontracting trade’ requirement.
Reviewing the HSP (con’t)
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SECTION 6
There are three main components of the ‘Good Faith Effort’; you must
satisfy all three of the listed components, 6a, 6b, and 6c, and provide
supporting documentation:
6a) you must solicit at least three certified HUB vendors, for
each trade you plan to subcontract, that provide services or
commodities in the applicable trade, from the CMBL & HUB
directory located at the link provided
6b) you must provide written notification of the subcontracting
opportunities listed in Section 3 to a minority or women
trade organization or development centers to assist in
identifying potential HUB’s. To locate these organizations,
follow the links provided in Section 6b.
6c) you must allow five days for these HUB vendors to respond
to your request for quote or bid for the services you are
subcontracting. Send your notification to HUB and
Minority/Women trade organizations at least five days prior
to solicitation submission deadline.
Note that procurement letters, requests for quote or bid, fax logs, phone
logs, and emails are proof of your compliance to the Good Faith Effort
and should be submitted with your proposal or bid package.
Reviewing the HSP (con’t)
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SECTION 7
In this section you will list the three HUB vendors you solicited for the
applicable trade listed in Section 3. List the certified HUB vendor’s
Company Name, VID number, and the date you contacted the HUB
vendor for a quote or bid. Lastly, indicate in the boxes whether or not
you received a response to your request for quote or bid from the HUB
vendors.
Please note that this section is subject to verification by the soliciting
Agency’s HUB Coordinator. You must document your notifications to
HUB’s and Minority and Women trade organizations and submit with your
proposal or bid package.
SECTION 8
In this section you will list your chosen subcontractor for the applicable
trade. If the vendor you have chosen is not a certified HUB vendor, you
must provide, in the space provided at the bottom of Section 8, a brief
explanation as to why you did not choose one of your solicited certified
HUB vendors (i.e. Best Value, Best Qualified, Lowest Price)
Reviewing the HSP (con’t)
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SECTION 9
This section applies only if you have chosen ‘No, I will not be
subcontracting any portion of the contract’ in Section 2.
State in narrative format your justification, ability, and affirmation to self
perform any and all portions of this contract.
SECTION 10
Complete Section 10 with your signature, printed name, title, and date.
The Hub Subcontracting Plan must be signed by an authorized
representative of your company, and by your signature you affirm that if
awarded, your company will comply with the requirements of the HSP
and the requirements listed in Section 10.
Reviewing the HSP (con’t)
SUMMARY In summary:
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If you ARE NOT subcontracting any portion of this contract, complete
Section 1, Section 2 select ‘No’, Section 9 and Section 10.
If you ARE subcontracting any portion of this contract, complete Section
1, Section 2 select ‘Yes’, complete Section 2 by providing the names of
the trades you will be subcontracting, complete Section 3, Section 4 (if
applicable), Section 5 (if applicable), Section 6, Section 7, Section 8, and
Section 10.
You may contact the HUB Coordinator at the Agency that posted the
solicitation for assistance in completing this form. You may also contact
the Statewide HUB Program Manager at 512-475-2414 and/or the TBPC
Assistant HUB Coordinator at 512-463-1785 if you need assistance in
completing the form.
HSP - Frequently Asked
Questions
If I am a HUB Vendor do I still need to complete the form?
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Answer: Yes, the HUB Subcontractor Plan provides
opportunities for subcontractors not Prime vendors.
How do I find HUB Vendors on the CMBL?
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Answer: There are two databases: ‘HUB’s on the CMBL’
and ‘HUB’s not on the CMBL’. You may contact your
Agency HUB or Asst. HUB Coordinator for assistance and
step by step instructions.
HSP - Frequently Asked
Questions (con’t)
Where do I find a list of Minority/Women entities I can
contact to advertise my subcontracting opportunities?
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Answer: Visit our Minority/Women Business Links at
www.tbpc.state.tx.us/hub/minoritywomenbuslinks.html
Each link provides a telephone number or email address of the
appropriate person to contact.
If I am a Mentor can I use my Protégé instead of searching
for three HUB vendors on the CMBL?
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Answer: Yes, if you have mentored with a protégé and have an
official documented TBPC Mentor-Protégé agreement in place,
and the protégé provides the specific class and item code for
your subcontracting opportunity, you have met the Good Faith
Effort requirements.
HSP - Frequently Asked
Questions (con’t)
Is the supporting documentation I submit with the HSP
verified?
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Answer: Yes, certified HUB vendors may be contacted randomly
to verify that the Good Faith Effort was performed.
What determines a Good Faith Effort?
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Answer: Besides satisfying the three requirements listed
in Section 6 a, b, and c: sending HUB vendors detailed
written specifications for each specific class & item code
you are subcontracting; contacting vendors who provide
that specific Class/Item code; and contacting Certified
Texas HUB vendors listed on the TBPC CMBL database.
HSP - Frequently Asked
Questions (con’t)
If I fail to complete my HSP correctly, will it be rejected?
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Answer: Not necessarily. Clarification may be sought by
the HSP evaluator to determine Good Faith Effort
compliance before a final decision is made whether to
accept or reject an HSP.
What are some reasons that HSP’s are rejected?
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Answer: If the HSP is not developed per the Good Faith
Effort requirements listed in Section 6; not legally
qualifying for the Mentor-Protégé GFE exemption listed in
Section 4; ignoring the HSP requirement.
HSP - Frequently Asked
Questions (con’t)
How many days do I have to solicit a quote from a HUB vendor?
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Answer: Five business days prior to bid closing date (Section 6b
Good Faith Effort requirement).
What resources are available if I need help or have questions
completing the HSP form?
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Answer: you may contact the soliciting Agency HUB or Asst.
HUB Coordinator or Purchaser assigned to the solicitation; visit
the TBPC website at
http://www.tbpc.state.tx.us/hub/forms/index.html
and review the MP3 Audio File; contact the TBPC Asst. HUB
Coordinator at 512-463-1785 or e-mail
[email protected];
contact the TBPC Statewide HUB Program Manager Stephanie
Richmond at 512-475-2414
HSP - What’s New at TBPC

MP3 Audio file on TBPC Website that
vendors can access to listen to an
explanation of how to accurately
complete the HSP.
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http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hub-forms
MP3 reference is listed on ‘HUB
Requirement Clause’ for Term Contract
solicitations with a link to the HSP Form
and MP3 Audio/Video File
Challenges for State of Texas
Purchasers

Compliance and Reporting issues

Business driven issues

Developing Competition
Challenges for State of Texas
Purchasers (con’t)

Compliance issues

Statute requirements

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Internal Agency
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Authorized purchases
Appropriate procurement method selected
Solicitation process has integrity
Procurement Training for your agency
HUB/PAR
Open Records / Transparency in Gov’t
Delegation Authority and Review
Challenges for State of Texas
Purchasers (con’t)

Reporting requirements

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PCC Codes
NIGP Codes
ESBD Postings
LBB Reporting
Contract Workforce
HUB/PAR
CAT Review
Challenges for State of Texas
Purchasers (con’t)

Business Driven Issues

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Purchaser is the ‘gatekeeper’ in regards to fair,
honest, and open competition
Purchaser must be:

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Ethical barometer
Wordsmith / Editor
Facilitator
Project Driver
Advocate for the State and the Vendor
Time driven constraints
Resource constraints
Challenges for State of Texas
Purchasers (con’t)

Developing Competition

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
The dilemma: every vendor starts anew with each
solicitation
The answer: fair, honest, and professional
business practices will attract good vendors, and
keep them coming back
Work with vendors, not against


Win/Win scenarios
Educational opportunities

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Pre-proposal conferences
HSP development
Vendor debriefs
Value-Added Work Ethics

BE RESPONSIVE

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BE TRANSPARENT

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To your end users and the public
Adopt and utilize good business practices
BE ETHICAL

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There can be no appearance of impropriety
Purchaser is the ‘ethics barometer’
Value-Added Work Ethics
(con’t)

BE COMPETENT

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Or ask for assistance
BRING SOMETHING TO THE TABLE

Make it clear to the end user / customer that you
are here to bring value and closure ( = award) to
the procurement process, not hinder or stop it.

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Administrative
Professional
Summary

Know your procurement options and
methods as a State of Texas purchaser


so that you can assign and facilitate the
appropriate procurement method
Know your basic requirements as a
State of Texas purchaser

So that you can protect the State of Texas
from damages due to negligence or errors
Summary (con’t)

Know how to explain the HUB Subcontracting
Plan


So that you can promote the State of Texas’ HUB
utilization efforts and goals and to promote small
and disadvantaged businesses
Bring Value to customers

So that you can award and bring Best Value to the
State of Texas regarding your procurements
Questions?

Richard D. Ehlert, CTPM
Internal Procurement Manager
Texas Building & Procurement Commission
512-463-0209
[email protected]