40 Tex. Admin. Code § 7.53 - Definitions

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

(1) Best value--The optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-making and that achieves health and human services procurement objectives as described in §391.21 of Title 1 (relating to Health and Human Services Procurement Objectives).

(2) Business entity--A sole proprietorship, including an individual, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.

(3) CC&PS--The Central Contracting and Procurement Support division at Central Office.

(4) Central Office--TDMHMR's administrative offices in Austin.

(5) Consultant contract--A contract to retain the services of a business entity that does not involve the traditional relationship of employer and employee to study an existing or proposed operation or project, or to provide advice with regard to the operation or project consistent with Texas Government Code, Chapter 2254, Subchapter B, to exclude:

(A) practitioners of professional services (as defined in this section);

(B) private legal counsel;

(C) investment counselors;

(D) actuaries; or

(E) medical or dental services providers.

(6) Consumer--A person with mental illness or mental retardation receiving services funded by TDMHMR.

(7) Consumer services contract--A contract for the provision of services delivered to a consumer or consumers.

(8) Contract--A written agreement, including a purchase order, between a facility or Central Office and a business entity that obligates the entity to provide goods or services in exchange for money or other valuable consideration.

(9) Contract director--The TDMHMR employee who is responsible for contracts management as follows:

(A) at a facility--the director of Contract and Materials Management section.

(B) at Central Office--

(i) the director of CC&PS or

(ii) the director of the Maintenance and Construction section.

(10) Contract management--Developing specifications or scope of work or contractor qualifications, evaluating responses, and procuring, negotiating, drafting, awarding, executing, monitoring, and enforcing a contract.

(11) Contractor--A business entity that provides goods or services in exchange for money or other valuable consideration pursuant to a contract.

(12) Facility--Any state hospital, state school, or state center operated by the Texas Department of Mental Health and Mental Retardation.

(13) Higher authority--The TDMHMR employee to whom the contract director reports, as follows:

(A) at a facility--the superintendent, director, or executive director.

(B) at Central Office--

(i) the deputy commissioner for finance and administration; or

(ii) the director of the Support Services division.

(14) Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and Safety Code, § 533.035(a).

(15) Performance contract--A written agreement between TDMHMR and a local authority for the provision of one or more functions as described in the Texas Health and Safety Code, § 533.035(a).

(16) Professional services--As specified in the Texas Government Code, § 2254.002, those services:

(A) within the scope of the practice, as defined by state law, of:

(i) accounting;

(ii) architecture;

(iii) landscape architecture;

(iv) land surveying;

(v) medicine;

(vi) optometry;

(vii) professional engineering;

(viii) real estate appraising; or

(ix) professional nursing; or

(B) provided in connection with the professional employment or practice of a person who is licensed or registered as:

(i) a certified public accountant;

(ii) an architect;

(iii) a landscape architect;

(iv) a land surveyor;

(v) a physician, including a surgeon;

(vi) an optometrist;

(vii) a professional engineer;

(viii) a state certified or state licensed real estate appraiser; or

(ix) a registered nurse.

(17) Respondent--A business entity that submits an oral, written, or electronic response to a solicitation. The term is intended to include "bidder," "offeror," "proposer," and other similar terminology to describe the business entity that responds to a solicitation.

(18) Response--A respondent's oral, written, or electronic "bid," "offer," "proposal," "quote," "application," or other applicable expression of interest to a solicitation.

(19) Solicitation--A written or electronic notification of TDMHMR's intent to purchase goods or services, such as a request for proposals (RFP) or an invitation for bids (IFB).

(20) TDMHMR--The Texas Department of Mental Health and Mental Retardation.

(21) TDMHMR Contracts Manual --A publication of TDMHMR's internal policies and procedures relating to contracting.

Notes

40 Tex. Admin. Code § 7.53

The provisions of this §7.53 adopted to be effective July 1, 2001, 26 TexReg 4719; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841