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 can:

   1. (A) 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) Business opportunity programs section of the Construction Division (CSTB)--The department section that certifies DBEs and administers the DBE and HUB programs.
7. (7) CCIS--Consultant Certification Information System.
8. (8) 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.
9. (9) Consultant selection team (CST)--The department's managing office team that selects the long list and short list and evaluates proposals and interviews.
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 participation goal for DBE/HUB providers expressed as a percentage of the total cost of the contract.
12. (12) DBE/HUB special provision--A special provision to the provider contract that identifies DBE/HUB program requirements.
13. (13) 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.
14. (14) Department--The Texas Department of Transportation.
15. (15) 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.
16. (16) Design Division--The department division responsible for overseeing the contracting procedures for professional services, including engineering, architectural, and surveying services.
17. (17) FHWA--The Federal Highway Administration.
18. (18) 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.
19. (19) Historically underutilized business (HUB)--Any business so certified by the Texas Building and Procurement Commission.
20. (20) Indefinite deliverable contract--A contract containing a general scope of services that identifies the types of work that will be later required under work authorizations, but does not identify deliverables, locations, or timing in sufficient detail to define the provider's responsibilities under the contract.
21. (21) 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.
22. (22) Interview and Contract Guide (ICG)--An instructional document furnished to providers on the short list when a Request for Proposals is not used.
23. (23) Letter of Interest (LOI)--A letter from a prime provider to be prepared and submitted in response to and according to instructions in a Notice of Intent.
24. (24) Licensed state land surveyor--A professional land surveyor described in Occupations Code, Chapter 1071.
25. (25) Long list--The list of qualified providers submitting an acceptable letter of interest for a contract.
26. (26) Lower tier debarment certification --A debarment certification form that is completed by subproviders or other lower tier participants.
27. (27) Lower tier participant--A subprovider or other participant in the contract, other than the state, that is not the prime provider.
28. (28) Managing office--The division, office, or district with the responsibility for awarding and managing the contract.
29. (29) Managing officer--The division director, office director, or district engineer of the managing office.
30. (30) 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.
31. (31) Notice of Intent (NOI)--Formal notice of the department's intent to enter into one or more professional service contracts with instructions or reference to instructions for preparation and submittal of a Letter of Interest.
32. (32) Precertification --A review process conducted by the department to determine if a prime provider or subprovider meets the minimum technical requirements to perform work identified in a work category.
33. (33) Prime provider--The provider awarded a department provider contract.
34. (34) Professional engineer--An individual licensed to practice engineering in the state or states that he or she performs professional services.
35. (35) Professional services provider (provider)--An individual or entity that provides engineering, architectural, or surveying services.
36. (36) Registered architect--An individual licensed to practice architecture in the state or states that he or she performs professional services.
37. (37) Registered professional land surveyor--An individual licensed to perform land surveying in the state or states that he or she performs professional services.
38. (38) 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.
39. (39) Relative importance factor (RIF)--The numerical weight of each evaluation criterion as it relates to a particular contract.
40. (40) 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.
41. (41) 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.
42. (42) 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.
43. (43) Subprovider--A provider proposing to perform work through a contractual agreement with the prime provider.
44. (44) Team--The provider and all proposed subproviders who 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.