|(a) Standard work categories. Precertification establishes
the minimum technical qualifications to perform work under a standard
work category. The department may add, revise, or delete a standard
(b) Contract eligibility.
(1) To be eligible to perform work under a standard
work category, a firm providing a task leader must have active precertification
status in that work category by the closing date of the solicitation.
(2) The department will not delay the selection process
or the contract execution to accommodate a provider that is not in
active precertification status.
(c) Precertification status of firms and employees.
(1) A firm is precertified in a standard work category
only if it employs an individual precertified in that category.
(2) A firm that employs an individual who is precertified
in multiple standard work categories is, by extension, precertified
in each of those categories.
(3) A firm's precertification status is only applicable
to the incorporated business entity that employs the individual upon
whom the firm's precertification status is based and does not extend
to a subsidiary, affiliate, or parent of the incorporated entity.
(4) An employee's precertification status is based
solely on the individual's qualifications. A firm's qualifications
may not serve as a basis for precertifying an employee.
(5) Precertification status shall transfer with the
employee, should the employee leave the firm.
(d) Precertification website. The department will maintain
a precertification website that will include:
(1) the definitions of the standard work categories;
(2) the minimum technical qualifications to perform
work under the standard work categories; and
(3) the precertification application form, with instructions.
(e) Application and review process.
(1) To apply for precertification in a standard work
category, a firm must employ an individual qualified to become precertified
in that category and present the individual's qualifications in a
(2) The department will consider the following factors
in reviewing an application:
(A) the minimum technical qualifications as applicable;
(B) the individual's professional license or registration;
(C) the individual's experience and training; and
(D) any record that shows that the individual or the
firm is the subject of a final administrative or judicial determination
that the employee or firm has violated a statute or rule of a state
licensing entity related to occupational or professional conduct.
(3) If a submitted application is incomplete or inaccurate,
the firm will be given an opportunity to correct the application and
provide additional information. The firm must provide the information
within 30 days after the day that it receives the department's notice
that the application is incomplete or inaccurate.
(4) If the information is not provided under paragraph
(3) of this subsection within the 30-day period prescribed by that
paragraph, the application will be processed at the end of that 30-day
period with the information available.
(5) The department will make a good faith effort to
make a precertification determination within 60 days after the day
that the department receives a complete and accurate application or
if paragraph (4) of this subsection applies, within 60 days after
the day that the 30-day period prescribed by that paragraph ends.
(f) Appeal. A firm may appeal a precertification denial
to the department by submitting additional information within 30 days
after the day that it receives written notification of the denial.
The information must justify why precertification should be granted.
The department will review the information and make a second precertification
determination. A firm may file a written complaint regarding a second
precertification denial to the executive director or the executive
(g) Updates. A firm must report any change in its application
information no later than 45 days after the day that the change occurs.
(h) Data management. A firm's application information
will be maintained in the Consultant Certification Information System
(i) Annual renewal. To maintain contract eligibility,
a firm must renew its precertification status no later than March
31 of each year. The firm must submit its annual renewal through the
(1) A firm that has renewed its precertification status
by the annual deadline will maintain an active precertification status
in the standard work categories in which it is precertified.
(2) A firm that has not renewed its precertification
by the annual deadline will be placed in inactive status.
|Source Note: The provisions of this §9.33 adopted to be effective February 21, 2013, 38 TexReg 994; amended to be effective October 17, 2013, 38 TexReg 7122; amended to be effective February 15, 2017, 42 TexReg 569