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 Texas Building and Procurement Commission.
2. (2) Contractor's Qualification Form--A Commission promulgated form which contractors must complete and return to the agency prior to consideration for a construction contract award.
3. (3) Cost of Services--Commission costs incurred 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 overhead employee benefit costs.
4. (4) Design Professional--Persons licensed by the State of Texas to practice architecture in accordance with Texas Occupations Code, Chapter 1051 or engineering in accordance with Texas Occupations Code, Chapter 1001.
5. (5) Facilities Construction and Space Management Division--The Commission 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) Notice to Proceed--A Commission order issued to a general contractor under contract on a project which establishes the start date and projected completion date.
7. (7) Planning Fund--A fund administered by the Facilities Construction and Space Management Division from which authorized planning expenditures are initially paid.
8. (8) Project Analysis--A study done before the legislative appropriation process for a project to establish basic program elements and scope of work, and 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.
9. (9) Project--A building construction project as defined in §2166.001(4).
10. (10) Project Request Forms--The Commission promulgated form which using agencies must complete, including funds certification information, and return to TBPC prior to initiation of a construction project.
11. (11) 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.
12. (12) Uniform General Conditions (UGC)--The terms and conditions for state building construction projects promulgated in accordance with Texas Government Code, Title 10, Subtitle D, Chapter 2166, Subchapter G.
13. (13) 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; amended to be effective March 14, 2004, 29 TexReg 2622.