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

1. (1) AASHTO--American Association of State Highway and Transportation Officials.
2. (2) Administrative qualification--A department process conducted to determine if a prime provider or subprovider meets the requirements of 23 Code of Federal Regulations (CFR) 172.5(c) concerning the administration of engineering and design related service contracts.
3. (3) Available personnel--The total number of personnel employed by the provider proposed to be used on the advertised contract.
4. (4) Border district--One of the geographical areas of the department managed by a district engineer that is headquartered in El Paso, Laredo, or Pharr.
5. (5) Business opportunity programs section of the Construction Division (CSTB)--The department section that certifies DBEs and administers the DBE and HUB programs.
6. (6) CCIS--Consultant Certification Information System.
7. (7) Close out--The actions required to close out or complete the contract, including receipt and acceptance of deliverables, resolution of audit findings, receipt of outside approvals if applicable, resolution of other contract-related issues, and issuance of final payment.
8. (8) Constructability--The ability of a project to be accurately constructed from information presented in plans and specifications.
9. (9) Construction engineering--The interpretation of plans and specifications and formulation of engineering decisions during the period that the project is under construction.
10. (10) Construction inspection--Inspection of construction methods and materials by inspectors who report directly to the department's project manager.
11. (11) Construction management--Construction engineering performed by the professional engineer in responsible charge of the construction project to direct the contractor concerning changes, additions, or deletions to the project.
12. (12) Consultants review committee (CRC)--The department committee that oversees the provider review process.
13. (13) Consultant selection team (CST)--The department's managing office team that selects the long list and short list and evaluates proposals and interviews.
14. (14) Disadvantaged business enterprise (DBE)--Any business certified by the department in accordance with 49 CFR Part 26.
15. (15) DBE/HUB goal participation--The participation goal for DBE/HUB providers expressed as a percentage of the total cost of the contract.
16. (16) DBE/HUB special provision--A special provision to the provider contract that identifies DBE/HUB program requirements.
17. (17) Debarment certification--A certification that the provider and its principals are not debarred from participation and not under consideration for debarment anywhere, and are eligible to perform the contract.
18. (18) Department--The Texas Department of Transportation.
19. (19) Department project manager--The department employee designated in the contract as the official contact for all correspondence between the department and the provider.
20. (20) FHWA--The Federal Highway Administration.
21. (21) FONSI--Finding of No Significant Impact.
22. (22) Good faith effort--A provider must demonstrate to the department's satisfaction, that sufficient effort on its part was made to obtain DBE/HUB participation. Good faith effort is identified in the DBE/HUB Special Provision to the contract.
23. (23) Graduate engineer--An individual who meets the educational requirements for registration as provided in the Texas Engineering Practice Act.
24. (24) Historically underutilized business (HUB)--Any business so certified by the General Services Commission.
25. (25) IESNA--The Illuminating Engineering Society of North America.
26. (26) Indefinite delivery contract--A contract that contains a general scope of services, maximum contract amount, and contract termination date in which contract rates are negotiated prior to contract execution and work is authorized as needed.
27. (27) ITS--Intelligent Transportation System.
28. (28) Long list--The list of qualified providers submitting a letter of interest for a contract.
29. (29) Lower tier debarment certification (form 1734)--A debarment certification form that is completed by subproviders or other lower tier participants.
30. (30) Lower tier participant--A subprovider or other participant in the contract, other than the state, that is not the prime provider.
31. (31) Managing office--The division, office, or district with the responsibility for awarding and managing the contract.
32. (32) Managing officer--The division director, office director, or district engineer of the managing office.
33. (33) Metropolitan district--One of the geographical areas of the department managed by a district engineer that is headquartered in Austin, Dallas, Fort Worth, Houston, or San Antonio.
34. (34) Overhead guidelines--Instructions prepared by the department's Audit Office to assist the provider in administrative qualification.
35. (35) Prime provider--The provider awarded a department provider contract.
36. (36) Professional engineer--An individual licensed to practice engineering in the state or states that he or she performs professional services.
37. (37) Professional services provider (provider)--An individual or entity that provides engineering, architectural, or surveying services.
38. (38) Project specific contract--A contract that contains a specific scope of services, maximum contract amount, and contract termination date and authorizes the provider to perform the entire scope of work.
39. (39) Registered architect--An individual licensed to practice architecture in the state or states that he or she performs professional services.
40. (40) Registered professional land surveyor--An individual licensed to perform land surveying in the state or states that he or she performs professional services.
41. (41) Request for proposal (RFP)--A request for submittal of a technical proposal from a provider that demonstrates competence and qualifications to perform the requested services, and shows an understanding of the specific contract.
42. (42) Relative importance factor (RIF)--The numerical weight of each evaluation criterion as it relates to a particular contract.
43. (43) Short List--The list of providers from the long list, selected by the CST, that best meet the requirements indicated by the letter of interest.
44. (44) Short list meeting--A meeting held with the providers on the short list to answer questions regarding the contract and distribute the RFP prior to submittal of proposals or interviews.
45. (45) Small business concern--A small business as defined in the Small Business Act, codified in 15 United States Code §632, and relevant regulations.
46. (46) Subprovider--A provider proposing to perform work through a contractual agreement with the prime provider.
47. (47) Team--The provider and all proposed subproviders who will be working on a particular contract.
48. (48) Technical precertification--A review process conducted by the department to determine if a prime provider or subprovider meets the technical requirements to perform work identified in a work category.

Source Note:The provisions of this §9.31 adopted to be effective November 25, 1994, 19 TexReg 8768; amended to be effective April 23, 1996, 21 TexReg 3221; amended to be effective January 13, 1997, 22 TexReg 64; amended to be effective June 21, 1998, 23 TexReg 6258; amended to be effective March 21, 1999, 24 TexReg 1821; amended to be effective December 12, 1999, 24 TexReg 10905.