The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Commission--The six member board of the General Services Commission of the State of Texas, or its successor organization, the seven member board of the Texas Building and Procurement Commission.
2. (2) Contractor's Qualification Form--The TBPC provided document which contractors must complete and return to TBPC in order to be considered for a construction contract award.
3. (3) Cost of Services--The costs incurred by TBPC in providing construction project administration services, including project management, professional inspection, staff time, prior project analysis cost, travel expense, the estimated cost of minor and incidental materials used in pursuit of a project, and may include an overhead rate to cover employee benefit costs.
4. (4) Design Professional--Persons licensed by the State of Texas to practice architecture in accordance with Texas Civil Statutes, Article 249a (relating to Architects) or engineering in accordance with Texas Civil Statutes, Article 3271a (relating to the Texas Engineering Practice Act).
5. (5) Facilities Construction and Space Management Division (FCSMD)--The TBPC division responsible for administration of construction projects under the commission's jurisdiction, and such other projects that the commission has agreed to manage.
6. (6) TBPC--The General Services Commission, or its successor agency, the Texas Building and Procurement Commission (herein referred to collectively as "TBPC"), for the State of Texas.
7. (7) Notice to Proceed--A TBPC written order issued to a general contractor under contract on a project which establishes the start and completion dates for the contract and the project schedule.
8. (8) Planning Fund--A fund administered by FCSMD from which authorized planning expenditures are initially paid.
9. (9) Project Analysis--A study done before the legislative appropriation process for a project to develop a reliable estimate of the cost of the project to be used in the appropriations process, and as authorized by Texas Government Code, Title 10, Subtitle D, Chapter 2166, Subchapter D.

10. (10) Project--A building construction project as defined in Texas Government Code, §2166.001(4) that is financed wholly or partly by a specific appropriation, a bond issue or federal money. The term includes the construction of:

    1. (A) a building, structure or appurtenant facility or utility, including the acquisition and installation or original equipment and original furnishings; and
    2. (B) an addition to, alteration, rehabilitation or repair of, an existing building, structure, or appurtenant facility or utility.
11. (11) Project Request Forms--The TBPC provided document which using agencies must complete and return to TBPC in order to initiate a project for construction.
12. (12) Using Agency--An instrumentality of the state that occupies and uses a state-owned or state-leased building, or the commission, with respect to a state-owned building maintained by the commission.
13. (13) Uniform General Conditions (UGC)--The terms and conditions for state construction projects promulgated in accordance with Texas Government Code, Title 10, Subtitle D, Chapter 2166, Subchapter G.
14. (14) Wage Rates--The schedule of the hourly rate of pay plus payments made to or on behalf of employees for benefits such as health insurance, pension plans, death benefits and vacation pay.

Source Note:The provisions of this §123.1 adopted to be effective March 18, 2002, 27 TexReg 2005.