HSP Determination Justification
Per Texas Administrative Code §20.285(a): "Analyzing potential contracts of $100,000 or more. In accordance with Government Code, Chapter 2161, Subchapter F, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract (including any renewals) shall, before the state agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract.
(1) State agencies shall use the following steps to determine if subcontracting opportunities are probable under the contract:
(A) examining the scope of work to be performed under the proposed contract and determining if it is likely that some of the work may be performed by a subcontractor;
(B) research the Centralized Master Bidders List, the HUB Directory, the Internet, and other directories, identified by the comptroller, for HUBs that may be available to perform the contract work; and
(C) a state agency may determine that subcontracting is probable for only a subset of the work expected to be performed or the funds to be expended under the contract. If a state agency determines that subcontracting is probable on only a portion of a contract, it shall document its reasons in writing for the procurement file.
(2) In addition, determination of subcontracting opportunities may include, but is not limited to, the following:
(A) contacting other state and local agencies and institutions of higher education to obtain information regarding similar contracting and subcontracting opportunities; and
(B) reviewing the history of similar state agency purchasing transactions."
Important
HSP Determinations are submitted to HUB/SB for any Procurement Method over $100K (34 TAC §20.284(a)).
HSP Review and Analysis occurs upon receipt of HUB Subcontracting Plans submitted by solicitation respondents. (34 TAC §20.284(b)).
Independent contractors are considered subcontractors.
UT HUB Subcontracting Plan Form
The current version is located with the HUB>HSP Folder in UT Box. Any updates will be linked to this UT specific form.
HSP Determination Internal Process
Email Delivery
- Requests for HSP Determination should be sent to uthub-hsp@austin.utexas.edu
- HSP Determination emails must contain Bid Invitation/RFP Number/Document ID number, or some identifier in the subject line (Example: HSP [Determination] for RFP No. 721-XXXX or Bid Invite No. XXXXXX).
- Emails will need to have the information in the subject line to search for when archived.
- HSPs for review must contain Bid Invitation/RFP/Document ID number, or some identifier in the subject line (Example: HSP Review and Analysis for RFP No. 721-XXXX or Bid Invite No. XXXXXX).
- Ensure that the solicitation document and corresponding forms are included in the email.
- There is no need to create a template for the cover sheet as the templates have been created in DocuSign.
- The solicitation document and any other pertinent documents will be added in DocuSign after the cover sheet.
If Probable:
Complete the HSP Determination form noting probability, aspirational goal, and detailing subcontracting opportunities identified.
If in making an HSP Determination the contracting officer finds that the most appropriate procurement method will be a “master agreement” through a group or cooperative services contract, an HSP clarification can be completed if there is a documented HSP associated with the “master” agreement. The HSP clarification form allows the vendor to clarify intentions to subcontract in relation to the contract being established with the university.
HSP Determination Internal Process
Internal Process Administrative Duties
Results and Submission
If Not Probable:
As of 20-21, the Information Security Office advises us to avoid sending the last page in the DocuSign package due to the disclosure of our ISP. The HUB/SB office will only submit the first page of the HSP Determination or the HSP Review and Analysis document. Exclusions to this practice is when the HUB/SB office shares the complete DocuSign package to internal users on UT BOX.
- Access the Completed Document on DocuSign.
- Click on the first page (highlighted). Do not lick on the bottom left icon.
- Click on the Save As icon (highlighted).
- Save the document in a temporary folder.
- Find the email from the department that requested the determination in the HSP-Inbox.
- Reply to the request with the saved document as an attachment.
If Probable:
In addition to the above instructions, include the HUB Subcontracting Goal that was input by the reviewer in the Special Agency Instructions/Additional Requirements section of the HUB Subcontracting Plan Form. Download the HUB Subcontracting Plan to make edits.
Add any applicable reviewer comments located in the HSP Determination Form. Place after the HUB Subcontracting Goal text. When complete, attach the edited HSP in the drafted email along with the DocuSigned HSP Determination and send the response.
