1. (a) Eligibility. To be eligible to perform work in the categories described in §9.43 of this title (relating to Qualification Requirements by Work Group), a prime provider and a subprovider must be precertified in accordance with this section unless:

   1. (1) the anticipated work in an individual work category is less than 5.0% of the contract; or
   2. (2) the department has waived the precertification requirements for a contract that is less than $250,000.

2. (b) Application.

   1. (1) Registered architects, professional engineers, and registered professional surveyors or their related subproviders who desire to be precertified by the department to perform work on architectural, engineering, or surveying contracts shall submit a completed precertification questionnaire to the CRC for review and determination of precertification status.
   2. (2) A questionnaire, in a form prescribed by the department, or a precertification information packet may be obtained by contacting the Texas Department of Transportation, Design Division - Consultant Review Committee, 125 East 11th Street, Austin, Texas 78701-2483.
   3. (3) The questionnaire will include information concerning the experience of the prime provider or subprovider.

   4. (4) The precertification information packet will include:

      1. (A) a copy of the questionnaire;
      2. (B) instructions regarding the format and length restrictions for data to be submitted;
      3. (C) the requirements for precertification in each category as described in §9.43 of this title (relating to Qualification Requirements by Work Group);
      4. (D) copies of the department's standard contracts, with attachments;
      5. (E) instructions for administrative qualification; and
      6. (F) department overhead guidelines.
   5. (5) The submittal date for review deadlines as described in subsection (g) of this section shall be the date the precertification questionnaire is received by the CRC.
   6. (6) The precertification of a prime provider or subprovider by the department does not guarantee that work will be awarded to that prime provider or subprovider.
3. (c) Instructions. The department will publish instructions concerning submittal of information for precertification annually in the Texas Register and daily on an electronic bulletin board.
4. (d) Precertification deadline. When precertification is required as described in subsection (a) of this section, prime providers and subproviders must be precertified in the technical categories by the deadline for receipt of the letter of interest to be eligible for selection. The department will not delay the consultant selection process or contract execution for a prime provider or subprovider that has not been precertified.
5. (e) CCIS. The department will maintain the CCIS containing qualification information submitted in the precertification questionnaire by the prime provider or subprovider.

6. (f) Technical precertification.

   1. (1) A prime provider or subprovider may be precertified in a technical category if the firm has current employees possessing the skills and experience to meet the requirements. A prime provider or subprovider is not precertified based on the firm's experience.
   2. (2) A precertification will transfer with the employee if the employee leaves the firm.
   3. (3) The department will review a prime provider or subprovider to evaluate whether the support, equipment, and other resources necessary to do the work are provided to the employee.
   4. (4) A prime provider or subprovider with one employee who meets the appropriate requirements of multiple technical categories may be precertified in those categories. When required, prime providers and subproviders must be precertified in the categories of work they will be performing; however, a provider or subprovider is not required to be precertified in every category of work involved in the contract, unless it will be performing all of the work.
   5. (5) The department will not precertify joint ventures.

7. (g) Precertification review.

   1. (1) A prime provider or subprovider will be precertified within 60 days of receipt of complete and accurate information for the submittal or notified in writing within the same time period that they did not meet the requirements for precertification or that additional submittals will be required for review.
   2. (2) If the submittal is incomplete, a prime provider or subprovider will be requested to submit additional information for review. The prime provider or subprovider shall submit such information within 30 days of receipt of the department's request for such information. If the information is not provided within 30 days after receipt of the request, the application for precertification will be processed with the information available. The department will make a determination on precertification status within 60 days of receipt of the additional information.

   3. (3) The department will consider the following factors in reviewing the precertification questionnaires as specified in §9.43 of this title (relating to Qualification Requirements by Work Group):

      1. (A) current license or registration;
      2. (B) personal experience and training; and
      3. (C) other requirements of §9.43 of this title (relating to Qualification Requirements by Work Group).
8. (h) Annual renewal. Prime providers and subproviders will be assigned an annual renewal date by the department. Prime providers and subproviders must apply for renewal of precertification between 90 and 30 days prior to their annual renewal date. The precertification of a prime provider or subprovider that fails to submit an application for renewal at least 30 days prior to its annual renewal date will expire and the prime provider or subprovider will be ineligible to submit a letter of interest for new contracts until it is precertified.
9. (i) Appeal. A prime provider or subprovider may appeal denial of precertification by submitting additional information within 30 days of receipt of written notification of denial to the CRC in Austin. This information shall justify why the prime provider or subprovider meets the requirements for precertification. The CRC will review the information and make a determination regarding precertification. A provider may file a written complaint regarding selection for precertification with the executive director or his or her designee.

Source Note:The provisions of this §9.41 adopted to be effective April 1, 1997, 22 TexReg 64; amended to be effective June 21, 1998, 23 TexReg 6258; amended to be effective March 21, 1999, 24 TexReg 1821.