| (a) In accordance with Government Code, §2161.065,
the comptroller shall design a Mentor-Protégé Program
to foster long-term relationships between prime contractors and Historically
Underutilized Businesses (HUBs) and to increase the ability of HUBs
to contract with the state or to receive subcontracts under a state
contract. The objective of the Mentor-Protégé Program
is to provide professional guidance and support to the protégé
to facilitate their development and growth. All participation is voluntary
and program features should remain flexible so as to maximize participation.
Each state agency with a biennial appropriation that exceeds $10 million
shall implement a Mentor-Protégé Program.
(b) In efforts to design a Mentor-Protégé
Program, each state agency, because of its unique mission and resources,
is encouraged to implement a Mentor-Protégé Program
that considers;
(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 resources.
(c) Agencies may elect to implement Mentor-Protégé
Programs individually or cooperatively with other agencies, and/or
other public entities and private organizations, with skills, resources
and experience in Mentor-Protégé Programs. Agencies
are encouraged to implement a Mentor-Protégé Program
to address the needs of its protégé businesses in the
following critical areas of the state's procurements:
(1) construction;
(2) commodities; and/or
(3) services.
(d) State agencies may consider, but are not limited
to, the following factors in developing their Mentor-Protégé
Program:
(1) develop and implement 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) recruit prime contractor or vendor mentors and
protégé to voluntarily participate in the program;
(3) establish a Mentor-Protégé Program
objective identifying both the roles and expectations of the state
agency, mentor and the protégé;
(4) monitor the progress of the mentor protégé
relationship;
(5) identify key state agency resources including senior
managers and procurement personnel to assist with the implementation
of the program;
(6) encourage partnerships with local governmental
and nonprofit entities to implement a community based Mentor-Protégé
Program;
(7) the appropriate length of time for mentor-protégé
relationships to continue. As a general matter, the statewide HUB
program recommends that such relationships be limited to four years;
(8) explore other methods and procedures related to
Mentor-Protégé Programs recommended in the Texas Disparity
Study-2009; and
(9) assess the effectiveness of their Mentor-Protégé
Program by conducting periodic surveys/interviews of both mentors
and protégés.
(e) A state agency's Mentor-Protégé Program
must include mentor eligibility and selection criteria. In determining
the eligibility and selection of a mentor, state agencies may consider
the following criteria:
(1) whether the mentor is a registered bidder on the
comptroller's Centralized Master Bidders List (CMBL);
(2) 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/or other related resources;
(3) 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;
(4) whether the mentor has mentoring experience;
(5) the number of protégés that a mentor
can appropriately assist;
(6) whether the mentor has a successful past work history
with the state agency;
(7) the amount of time a HUB has participated as a
mentor in the program, or in other agencies' programs; and
(8) 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
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 mentoring firm 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 initiative. Each state agency will monitor
the process of the relationship. The mentor and protégé
relationship should be reduced to writing and that agreement 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) name, address, phone and fax numbers, and the points
of contact that will oversee the agreement of the mentor and protégé;
(4) procedure for a mentor firm to notify the protégé
in advance if it intends to voluntarily withdraw from the program
or terminate the mentor-protégé relationship;
(5) procedure for a protégé firm 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. If a prime
contractor has been awarded a contract with a state agency, which
requires a HUB subcontracting plan, and the Mentor-Protégé
Agreement is terminated, or the protégé's HUB certification
expires, the prime contractor must either:
(1) enter into a new agreement with a certified HUB
protégé, or
(2) comply with the requirements of this title relating
to developing and submitting a HUB subcontracting plan.
(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 is neither a guarantee for 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. In accordance with §20.296
of this title (relating to HUB Coordinator Responsibilities) the state
agency's HUB coordinator shall facilitate compliance by its state
agency.
(k) Each state agency that sponsors a 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 to the comptroller 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 maintain 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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