HSP Analysis and Review

Per Texas Administrative Code §20.285(b)(1) "If, through the analysis in subsection (a) of this section, a state agency determines that subcontracting opportunities are probable, then its invitation for bids, request for proposals or other purchase solicitation documents shall state that probability and require a HUB subcontracting plan. A bid, proposal, offer, or other expression of interest to such a solicitation must include a completed HUB subcontracting plan to be considered responsive."

Combined with the HSP "Quick Checklist" provided by TPASS, the following provides specific instruction on review and analysis of submitted HSPs for completeness and good faith effort.

• The HSP shall be submitted with the solicitation, with the exception of HSPs for alternative delivery method in construction, if the HSP is not received at bid open date and time, the response will be rejected §20.285(b)(2)(3)

If respondent will be awarding all of the subcontracting work to only Texas Certified HUB vendors-

• Method A should be completed
• Check for identified scopes of work.
• Check HUB status of vendors identified

If respondent will be subcontracting to mix of HUBs and non-HUBs however meets or exceeds goal

• Method A should be completed
• Check HUB status of vendors identified
• Check percentages to verify meet or exceed goal

If respondent subcontracting however does not meet or exceed goal

Method B should be completed

• Check identified scopes; ensure Method B completed for each scope For each method B
• Check that at three State of Texas certified HUBs were notified of opportunity
• Check that HUBs were given seven (7) working days to respond to prime respondent
• Check that at least two Minority Trade Organizations were notified of opportunity
• Check that subcontractors selected are identified
• If non-HUB subcontractors identified ensure justification for selection is completed

If respondent is self-performing

• Check that self-performance justification is completed
• Check that Section 4 Affirmation is completed with Signature

If respondent is completing a HSP Clarification

The vendor respondent should identify the existing contract name and number, and the details of the HSP associated with that contract (completion of Method A or B or self-performance.)  The vendor respondent should then provide an explanation of their subcontracting intentions for the university contract (Will subcontractors be engaged?  What is the scope of work to be performed by those subcontractors?).  Any subcontractors to be used through the course of the university contract should be listed with their company name, State of Texas CMBL/HUB VID, the approximate dollar amount to be subcontract over the life of the contract and the percentage of the total contract value that that amount represents.  If the vendor intends to self-perform they must provide a substantive self-performance justification of how they intend to complete the entirety of the contract with their own employees, resources, and/or equipment. 

If any of above checks is unclear, reach out to respondent via contact information in Section1 for clarification. §20.285(b)(4) Best practice is to reach out via email to document that you are seeking clarification and set up a time to discuss via phone. After discussion document conversation via email and provide respondent timeframe (generally 48 hours) in which to respond if additional information is needed.

If respondent fails to complete the HSP in good faith the HSP is rejected. Documentation of rejection of the HSP should be included within the notes section of the HSP Review and Analysis Cover Sheet. The reason for rejection will be shared with the point of contact from the procurement team. 20.285(e) The procurement point of contact will provide notification to the respondent in the course of the procurement process.

From https://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