| (a) The Mentor-Protégé Program is a program
administered by the comptroller in accordance with Government Code, §2161.065,
and implemented by state agencies. The purpose of the Mentor-Protégé
Program is to foster long-term relationships between experienced contractors
and HUBs and to increase the ability of HUBs to obtain and perform
contracts and subcontracts for state agency business. Each state agency
with a biennial appropriation that exceeds $10 million shall implement
the Mentor-Protégé Program.
(b) Each state agency that implements the Mentor-Protégé
program shall consider:
(1) the needs of protégé businesses requesting
to be mentored;
(2) the availability of mentors who possess unique
skills, talents, and experience related to the mission of the state
agency's program; and
(3) the state agency's staff and other resources.
(c) Agencies may elect to implement the Mentor-Protégé
Program individually or in cooperation with other agencies, public
entities, or private organizations. Agencies are encouraged to implement
a Mentor-Protégé Program to address the needs of protégé
businesses in the following areas:
(1) construction;
(2) commodities; and
(3) services.
(d) State agencies may consider, but are not limited
to, the following factors in developing their Mentor-Protégé
Program:
(1) internal procedures, including an application process,
regarding the Mentor-Protégé Program which identifies
the eligibility criteria and the selection criteria for mentors and
potential HUB protégé businesses;
(2) recruitment of contractor mentors and protégés;
(3) documentation of the roles and expectations of
the state agency, the mentor and the protégé;
(4) monitoring progress of mentor-protégé
relationships;
(5) key agency resources including senior managers
and procurement personnel to assist with the implementation of the
program;
(6) partnerships with local governmental and nonprofit
entities;
(7) the appropriate length of time for mentor-protégé
relationships to continue (generally limited to four years);
(8) guidance related to the Mentor-Protégé
Program in the Disparity Study; and
(9) assessment of the effectiveness of their Mentor-Protégé
Program by conducting periodic surveys and interviews of mentors and
protégés.
(e) A state agency's Mentor-Protégé Program
implementation must include mentor eligibility and selection criteria.
In determining the eligibility and selection of a mentor, state agencies
shall require each mentor to be registered on the Centralized Master
Bidders List (CMBL); and may additionally consider the following criteria:
(1) whether the mentor has extensive work experience
and can provide developmental guidance in areas that meet the needs
of the protégé, including but not limited to, business,
financial, and personnel management; technical matters such as production,
inventory control and quality assurance; marketing; insurance; equipment
and facilities; and other related resources;
(2) whether the mentor is in "good standing" with the
State of Texas and is not in violation of any state statutes, rules
or governing policies;
(3) whether the mentor has mentoring experience;
(4) the number of protégés that a mentor
can appropriately assist;
(5) whether the mentor has a successful past work history
with the state agency;
(6) the amount of time a HUB has participated as a
mentor in the program, or in other agencies' programs; and
(7) whether and to what extent the mentor and protégé
businesses share management, board members, partners, current or former
employees, or other resources that might indicate that they are related
or affiliated businesses.
(f) A state agency's Mentor-Protégé Program
implementation must include protégé eligibility and
selection criteria. In determining the eligibility and selection of
HUB protégés, state agencies may use the following criteria:
(1) whether the protégé is eligible and
willing to become certified as a HUB;
(2) whether the protégé's business has
been operational for at least one year;
(3) whether the protégé is willing to
participate with a mentor and will identify the type of guidance that
is needed for its development;
(4) whether the protégé is in "good standing"
with the State of Texas and is not in violation of any state statutes,
rules, or governing policies;
(5) whether the protégé is involved in
a mentoring relationship with another contractor;
(6) the amount of time a HUB has participated as a
protégé in the program, or in other agencies' programs;
and
(7) whether and to what extent the mentor and protégé
businesses share management, board members, partners, employees, or
other resources that might indicate that they are related or affiliated
businesses.
(g) The mentor and the protégé should
agree on the nature of their involvement under the state agency's
Mentor-Protégé Program. The state agency will monitor
the progress of the relationship. The mentor and protégé
relationship should be reduced to writing and may include, but is
not limited to, the following:
(1) identification of the developmental areas in which
the protégé needs guidance;
(2) the time period which the developmental guidance
will be provided by the mentor;
(3) points of contact that will oversee the agreement
of the mentor and protégé;
(4) procedure for a mentor to notify the protégé
in advance if it intends to withdraw from the program or terminate
the mentor-protégé relationship;
(5) procedure for a protégé to notify
the mentor in advance if it intends to terminate the mentor-protégé
relationship; and
(6) a mutually agreed upon timeline to report the progress
of the mentor-protégé relationship to the state agency.
(h) The protégé must maintain its HUB
certification status for the duration of the agreement.
(i) Each state agency must notify its mentors and protégés
that participation is voluntary. The notice must include written documentation
that participation in the state agency's Mentor-Protégé
Program implementation is neither a guarantee of a contract opportunity
nor a promise of business; but the program's intent is to foster positive
long-term business relationships.
(j) State agencies may demonstrate their good faith
under this section by submitting a supplemental letter with documentation
to the comptroller with their HUB report or legislative appropriations
request identifying the progress and testimonials of mentors and protégés
that participate in the state agency's program.
(k) Each state agency that implements the Mentor-Protégé
Program must report that information to the comptroller upon completion
of a signed agreement by both parties. Information regarding the Mentor-Protégé
Agreement shall be reported in a form prescribed by the comptroller
within 21 calendar days after the agreement has been signed. The comptroller
will register that agreement on the approved list of mentors and protégés.
Approved Mentor-Protégé Agreements are valid for all
state agencies in determining good faith effort for the particular
area of subcontracting to be performed by the protégé
as identified in the HUB subcontracting plan.
(l) The comptroller shall retain and make available
to state agencies all registered Mentor-Protégé Agreements.
The sponsoring state agency shall monitor and report the termination
of an existing Mentor-Protégé Agreement that has been
registered with the comptroller within 21 calendar days.
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