1. (a) Contract Eligibility. To be eligible for selection in the categories approved according to §9.43 of this subchapter (relating to Precertification Requirements), a provider must be precertified under this section unless the department has waived the precertification requirements for a contract that is less than $250,000.

2. (b) Application.

   1. (1) Registered architects, registered professional engineers, registered or licensed professional surveyors, and other technical staff who desire to be precertified by the department to perform work on architectural, engineering, or surveying contracts shall submit a completed precertification application to the Design Division for review and determination of precertification status.
   2. (2) An application form prescribed by the department may be obtained by contacting the Texas Department of Transportation, Design Division, 125 East 11th Street, Austin, Texas 78701-2483, or through the department's web site.
   3. (3) The application form will request information concerning the experience of the individual.

   4. (4) The precertification web site will include:

      1. (A) a copy of the application form;
      2. (B) instructions concerning submittal of information for precertification, including format and length restrictions for data to be submitted; and
      3. (C) the requirements for precertification in each category.
   5. (5) The submittal date for review deadlines as described in subsection (f) of this section shall be the date the precertification application is received by the Design Division.
   6. (6) The precertification of a provider by the department does not guarantee that work will be awarded to that provider.
3. (c) Deadline. When precertification is required as described in subsection (a) of this section, prime providers and subproviders must be precertified in the individual work 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.
4. (d) Data management. The department will maintain the CCIS containing qualification information submitted in the precertification application by the firm for an employee.

5. (e) Firm and employee status.

   1. (1) A firm may be precertified in a work category if the firm has a current employee precertified in the category.
   2. (2) A firm employee may be precertified in a work category if the department determines the employee possesses the skills and experience to meet the requirements. An employee is not precertified based on the firm's experience.
   3. (3) A precertification will transfer with the employee if the employee leaves the firm.
   4. (4) The department may review a firm's information to evaluate whether the support, equipment, and other resources necessary to do the work are provided to the employee.
   5. (5) A firm with one employee who is precertified in multiple work categories is 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 in a lead capacity on all categories of work.

6. (f) Review process.

   1. (1) An individual, and therefore the firm, 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 firm will be requested to submit additional information for review. The firm 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 applications:

      1. (A) current license or registration;
      2. (B) personal experience and training;
      3. (C) work category requirements as maintained on the department's web site; and
      4. (D) any record of unprofessional conduct.
7. (g) Updates. A firm must report any change in the information included in the original application no later than 45 days after the change occurs.
8. (h) Annual renewal. To maintain eligibility under subsection (a) of this section, no later than March 31 of each year, the provider must renew the precertification of the provider and the provider's employees. The provider shall submit its annual renewal through CCIS.
9. (i) Inactive status. Any provider that has not renewed by the annual renewal deadline is inactive. When precertification is required as described in subsection (a) of this section, a provider in an inactive status on the deadline for receipt of the letter of interest is not eligible for selection. To become active and eligible the provider must renew under subsection (h) of this section.
10. (j) Appeal. A firm may appeal denial of precertification by submitting additional information within 30 days of receipt of written notification of denial to the Design Division. This information shall justify why the applicant meets the requirements for precertification. The department will review the information and make a determination regarding precertification. A firm may file a written complaint regarding precertification denial 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; 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.