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

(1) Commission--The Texas Facilities Commission.

(2) Contractor's Qualification Form--A Commission promulgated form which contractors must complete and return to the Commission prior to consideration for a construction contract award.

(3) Cost of Services--Commission costs incurred in providing construction project administration services, including Project management, professional inspection, staff time, prior Project Analysis cost, travel expense, the estimated cost of minor and incidental materials used in pursuit of a Project, and may include overhead employee benefit costs.

(4) Design Professional--Persons licensed by the State of Texas to practice architecture in accordance with Texas Occupations Code, Chapter 1051 or engineering in accordance with Texas Occupations Code, Chapter 1001.

(5) Division--The Commission division responsible for administration of construction projects under the Commission's jurisdiction and such other projects that the Commission has agreed to manage.

(6) Executive Director--The Executive Director of the Commission.

(7) Project Analysis--A study done before the legislative appropriation process for a Project to establish basic program elements and scope of work and to develop a reliable estimate of the cost of the Project to be used in the appropriations process, and as authorized by Texas Government Code, Title 10, Subtitle D, Chapter 2166, Subchapter D.

(8) Project--A building construction project as defined in Texas Government Code, §2166.001(4).

(9) Purchasing Agency--An instrumentality of the State of Texas that is appropriated funds for a construction Project involving a real property acquisition.

(10) Using Agency--An instrumentality of the State of Texas that occupies and uses a state-owned or state-leased building, or the Commission, with respect to a state-owned building maintained by the Commission.

Source Note: The provisions of this §123.1 adopted to be effective March 18, 2002, 27 TexReg 2005; amended to be effective March 14, 2004, 29 TexReg 2622; amended to be effective November 15, 2011, 36 TexReg 7658