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