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:

   1. (A) can support all the various rates proposed to do the work;
   2. (B) has an indirect cost rate audit that meets department requirements;
   3. (C) has a job cost accounting system adequate for segregating direct and indirect costs; and
   4. (D) is aware of federal cost eligibility and documentation requirements.
3. (3) Audit Office--An office of the department whose internal function conducts independent and objective reviews of departmental operations and procedures to ensure that they are functioning as intended and whose external function has the responsibility to audit cost reimbursement/negotiated contracts external to the department including review of indirect cost rate data.
4. (4) Available personnel--The total number of personnel employed by the provider proposed to be used on the advertised contract.
5. (5) Border district--One of the geographical areas of the department managed by a district engineer that is headquartered in El Paso, Laredo, or Pharr.
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) Consultant--An individual or entity that provides engineering, architectural, or surveying services.
9. (9) Consultant selection team (CST)--The department's managing office team that evaluates, scores, and ranks the submitting providers based on demonstrated competence and qualifications.
10. (10) Disadvantaged business enterprise (DBE)--Any business certified by the department in accordance with 49 CFR Part 26.
11. (11) DBE/HUB goal participation--The assigned participation goal for DBE/HUB providers expressed as a percentage of the total cost of the contract.
12. (12) Debarment certification--A certification that the provider and its principals are not debarred from participation and are not under consideration for debarment anywhere, and are eligible to perform the contract.
13. (13) Department--The Texas Department of Transportation.
14. (14) Department project manager--The department employee designated as the official contact for management of the contract and all correspondence between the department and the provider.
15. (15) Design Division--The department division that provides guidance and oversight of the contracting process and procedures for engineering, architectural, and surveying services.
16. (16) Firm--An individual or entity that provides engineering, architectural, or surveying services.
17. (17) Historically underutilized business (HUB)--Any business so certified by the Comptroller of Public Accounts.
18. (18) Indefinite deliverable contract--A contract containing a general scope of services that identifies the types of work that will later be required under work authorizations, but does not identify deliverables, locations, or timing in sufficient detail to define the provider's responsibilities under the contract.
19. (19) Indirect cost rate guidance--Uniform Audit and Accounting Guide for audits of transportation consultants published by AASHTO. This guidance is modified by the Differences Between TxDOT and AASHTO Requirements as described on the department's website.
20. (20) Interview and Contract Guide (ICG)--An instructional document furnished to providers on the short list when a Request for Proposals is not used.
21. (21) Letter of Interest (LOI)--A letter prepared by a prime provider and submitted in response to and according to instructions in a Notice of Intent.
22. (22) Licensed state land surveyor--A professional land surveyor described in Occupations Code, Chapter 1071.
23. (23) Long list--The list of responsive providers submitting an acceptable letter of interest for a contract.
24. (24) Lower tier debarment certification--A debarment certification form that is completed by subproviders or other lower tier participants.
25. (25) Lower tier participant--A subprovider or other participant in the contract, other than the state, that is not the prime provider.
26. (26) Managing office--The division, office, region, or district with the responsibility for selecting the provider and managing the contract.
27. (27) Managing officer--The division director, office director, regional director, or district engineer of the managing office.
28. (28) Metropolitan district--One of the geographical areas of the department managed by a district engineer that is headquartered in Austin, Corpus Christi, Lubbock, Dallas, El Paso, Fort Worth, Houston, Pharr, or San Antonio.
29. (29) Notice of Intent (NOI)--Formal notice of the department's intent to enter into one or more engineering, architectural, or surveying contracts with instructions for preparation and submittal of a Letter of Interest.
30. (30) Precertification--A review process conducted by the department to determine if a provider meets the minimum technical requirements to perform work identified in a work category.
31. (31) Prime provider--A provider submitting a letter of interest as the managing firm or that has been awarded a department engineering, architectural, or surveying contract.
32. (32) Professional engineer--An individual registered or licensed to practice engineering in the state or states that he or she performs professional services.
33. (33) Professional services provider (provider)--An individual or entity that provides engineering, architectural, or surveying services.
34. (34) Registered architect--An individual licensed to practice architecture in the state or states in which he or she performs professional services.
35. (35) Registered professional land surveyor--An individual registered or licensed to perform land surveying in the state or states in which he or she performs professional services.
36. (36) Request for proposal (RFP)--A request for submittal of a technical proposal from short-listed providers.
37. (37) Relative importance factor (RIF)--The numerical weight of each evaluation criterion as it relates to a particular contract.
38. (38) Short List--The list of providers, selected from the long list by the CST, that by score best meet the requirements indicated by the letter of interest.
39. (39) Short list meeting--A meeting held with the providers on the short list to answer questions regarding the contract and distribute the RFP or ICG prior to submittal of proposals or interviews.
40. (40) Specific deliverable contract--A contract containing a specific scope of services that identifies deliverables, locations, and timing in sufficient detail to define the provider's responsibilities under the contract, although additional particulars may later be enumerated in work authorizations, if used.
41. (41) Subprovider--A provider proposing to perform or performing work through a contractual agreement with the prime provider.
42. (42) Team--The provider and all proposed subproviders that will be working on a particular contract.

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; amended to be effective March 15, 2001, 26 TexReg 2053; amended to be effective January 9, 2003, 28 TexReg 363; amended to be effective February 17, 2005, 30 TexReg 725; amended to be effective November 18, 2010, 35 TexReg 10056.