Authority/Reference(s) Texas Government Code, §§2161.251-52; 34 Texas Administrative Code §20.285
Revision Date December 2, 2024

Policy

Procurement Planning and HUB Subcontracting Determination

In accordance with Texas Government Code, §2161.252, when a procurement has an estimated value of $100,000 or more, a HUB Subcontracting Determination must be made.

Open enrollments and Request for Applications (RFAs) are not considered procurements and are excluded from HUB applicability.  Open enrollments are not a procurement under state law and the Federal Grant Act distinguishes Procurement Contracts (competitive bidding) from Assistance (i.e. - grants and cooperative agreements). If the state/federal grant includes specific small business requirements, then contract staff or the program area is responsible for informing the DFPS HUB Coordinator to ensure DFPS compliance.

To accomplish this, the DFPS HUB Coordinator will participate in the procurement kick-off meeting to lead discussions on:

  • Potential Subcontracting Opportunities.
  • HUB Subcontracting Plan (HSP) Requirements.
  • Coordination of HSP training within a Vendor Conference or as a separate presentation to assist interested respondents.

HUB Coordinator Responsibilities in Subcontracting Determination

  • Complete the PCS Form 406, in coordination with the contract manager.
  • Submit PCS Form 406 to the HHS-PCS Purchaser to inform HUB requirements.
  • Be available to respondents to conduct an HSP training, and answer HSP questions. 
  • Upon request from the respondent, provide courtesy HSP reviews, and provide feedback to deficiencies prior to respondent's solicitation submission.

The HUB Coordinator does not determine HSP responsiveness through the courtesy review process.

HUB Coordinator's Evaluation of the HSP

Once the solicitation closes, the HHS-PCS Purchaser sends the respondent's proposal and HSP Form to the DFPS HUB Coordinator for completion and submission of PCS-415 to document whether: 

  • HSP requirements were met.
  • HSP submission demonstrated good faith with minor deficiencies identified, allowing the HUB Coordinator to contact the respondent to request clarification. 
  • Respondent failed to comply with HSP requirements and/or demonstrate good faith effort, and therefore deemed non-responsive and not considered for contract award.