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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 9CONTRACT AND GRANT MANAGEMENT
SUBCHAPTER CCONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES
RULE §9.33Precertification

(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 work category.

(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 precertification application.

  (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 director's designee.

(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 (CCIS).

(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 CCIS.

  (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

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