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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 9CONTRACT AND GRANT MANAGEMENT
SUBCHAPTER FCONTRACTS FOR SCIENTIFIC, REAL ESTATE APPRAISAL, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES
RULE §9.81Definitions

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

  (1) Appraiser--An individual certified by the Texas Appraiser Licensing and Certification Board to provide real estate appraisal services in Texas.

  (2) Competitive sealed proposals--A procurement method in which offers are solicited from a number of sources, and selection is made using criteria other than cost, although reasonableness of cost is a selection criterion.

  (3) Department--The Texas Department of Transportation.

  (4) Department-certified appraiser--An appraiser who has been certified by the department in accordance with §9.89 of this subchapter to perform real estate appraisal services.

  (5) 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.

  (6) Landscape architect--An individual licensed to practice landscape architecture in the state or states that he or she performs professional services.

  (7) Mandatory/minimum qualifications--Those qualifications listed in the request for proposals that the provider must demonstrate it meets in order for the proposal to be considered responsive.

  (8) Provider--An individual or entity that provides scientific, appraisal, right of way acquisition, or landscape architectural services.

  (9) Request for proposals (RFP)--A request for submittal of a proposal that demonstrates competence and qualifications of the provider to perform the requested services and shows an understanding of the specific project.

  (10) Right of way acquisition provider (ROW provider)--A firm performing right of way acquisition, including appraisal services, but excluding surveying, engineering, or architectural services.

  (11) State-certified general appraiser--An appraiser authorized to appraise all types of real property without regard to complexity or transaction value.

  (12) State-certified residential appraiser--An appraiser authorized to appraise 1-4 unit residential properties without regard to transaction value or complexity of the appraisal.

  (13) Subprovider--A provider proposing to perform work through a contractual agreement with the provider.

  (14) Scientific services--Environmental or cultural studies, analyses, and document preparation services required by state or federal law, for a transportation project within the authority or jurisdiction of the department, and performed by an archeologist, biologist, geologist, historian, architectural historian, or other technical expert.

  (15) Technical expert--An archeologist, biologist, geologist, historian, architectural historian, or other non-engineering expert in a natural, social, historical, or environmental science qualified to conduct an environmental or cultural study required by state or federal law for a transportation project. This definition includes a firm or institution employing one or more technical experts.


Source Note: The provisions of this §9.81 adopted to be effective March 21, 1999, 24 TexReg 1829; amended to be effective February 20, 2000, 25 TexReg 1146; amended to be effective January 4, 2001, 25 TexReg 13009; amended to be effective February 18, 2016, 41 TexReg 1127

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