Policy

Purpose

To encourage the use of Historically Underutilized Businesses (HUBS) by Texas Parks and Wildlife Department (TPWD). To promote full and equal business opportunities for all businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study.

To establish policies and procedures to ensure TPWD compliance with statutes and Texas Procurement and Support Services (TPASS) rules regarding the State of Texas HUB program. HUB Procedures are outlined in Procedure.

Definitions

Good Faith Effort
Utilization of HUB in contracts for construction, services including professional and consulting services, and other service and commodity purchases as specified in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B and Texas Government Code, Sections 2161.181 and 2161.182.
Historically Underutilized Business (HUB)
A business operating for profit with its principal place of business in Texas in which the owner(s) have a proportionate interest and demonstrate active participation in the control, operation, and management of the entities' affairs; and are economically disadvantaged because of their identification as members of these groups: Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and American Women.
Black American
Persons having origins in any of the Black racial groups of Africa.
Hispanic Americans
Persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race.
Native Americans
Persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians.
Asian Pacific Americans
Persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, the Northern Marianas, and Subcontinent Asian Americans which includes persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan or Nepal.
American Women
Women of any ethnicity except those specified as Black American or Asian Pacific American.
Historically Underutilized Business (HUB) Coordinator
The HUB Coordinator is a TPWD employee who reports to the Director of Purchasing, Contracting and Distribution Services in the Administrative Resources Division. The HUB Coordinator advises and assists TPWD staff in complying with HUB requirements. The duties and responsibilities of the HUB Coordinator include, but are not limited to:
  • Review of TPWD's procurement specifications,
  • Evaluation of HUB subcontracting plans,
  • Evaluation of contracts for HUB compliance,
  • HUB reporting
  • Marketing and outreach efforts.
HUB Report
A semi-annual and annual report of TPWD's total expenditures and contract awards made to HUB.
HUB Subcontracting Plan
Written documentation regarding the use of HUB subcontractors which a potential contractor/vendor must prepare and return with their bid, proposal, offer, or other applicable expression of interest. A HUB Subcontracting Plan is required for procurements with an expected value of $100,000 or more. The HUB subcontracting plan subsequently becomes a provision of the contract awarded as a result of the procurement process.
Mentor Protégé Program
A program designed by TPASS to assist agencies in identifying prime contractors/vendors and HUB for potential long-term contractual relationships.
Other Services
All services other than construction and professional services. Includes consulting services which are defined as the practice of studying and advising a state agency in a manner not involving the traditional employer/employee relationship (Texas Government Code, Chapter 2254, Subchapter B).
Professional Services
Services of accountants, architects, engineers, land surveyors, and physicians purchased by state agencies under Texas Government Code, Chapter 2254, Subchapter A.
Subcontractor
A person who contracts with a vendor to provide labor, to supply commodities, or contribute toward completing work for a governmental entity as defined in Texas Government Code, §2251.001.

Policy

TPWD shall strive to ensure that all businesses, regardless of size, economic, social, or ethnic status have an equal opportunity to participate in the agency's procurement process. TPWD shall provide opportunities to increase HUB participation in the procurement of TPWD's goods and services, including construction.

In accordance with Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B and Texas Government Code, Sections 2161.181 and 2161.182, TPWD shall make a good faith effort to utilize HUB in contracts for construction, services (including professional and consulting services), and other service and commodity purchases.

A good faith effort shall be made to assist HUB in receiving a portion of the total contract value of all contracts that the agency expects to award in a fiscal year in accordance with the following percentages:

The TPWD strategic plan shall include a written plan for the use of HUB in purchasing, and in public works contracts in accordance with Texas Government Code, Chapter 2056, and Chapter 2161, §2161.123.

A detailed report shall be submitted with the appropriations request identifying Good Faith Effort (GFE) compliance. The report should include TPWD's effort to identify HUB for contracts and subcontracts, TPWD's utilization of HUB, and the successes and shortfalls in increasing HUB participation.

A report shall be made to TPASS, not later than March 15 of each year regarding the previous six-month period and on September 15 of each year regarding the preceding fiscal year. The report includes information on payments made by TPWD for the purchase of goods and services awarded and paid to HUB.

The HUB Coordinator shall provide management a monthly report on TPWD's HUB expenditures.

In accordance with the Texas Government Code, Section 2161.065, TPWD shall develop a Mentor Protégé Program to foster long-term relationships between contractors/vendors and HUB and increase the ability of HUB to contract with TPWD or to receive subcontracts under a TPWD contract.

The HUB Coordinator will design forums in which HUB are invited to deliver technical and business presentations that demonstrate their capability to do business with TPWD. The forums shall provide opportunity for HUB to become familiar with state purchasing and TPWD needs. The forums shall also provide TPWD purchasers and end users the opportunity to become familiar with potential vendors.


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