Section 2.53 - DefinitionsThe following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1) Application--Documents prepared by a respondent in response to a request for applications.(2) Best value--The optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-making and which achieves the following objectives: (A) promote fairness and competition for local authority contracts;(B) support the delivery of services and benefits that best meets the needs of clients of programs administered by the local authority;(C) promote timely, high quality, and responsive performance by contractors; and(D) encourage and reward the continuing participation of quality contractors.(3) Business entity--A sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.(4) Consumer--A person in the priority population or otherwise designated in the performance contract as eligible for community services.(5) Contract--A written agreement, including a purchase order, between a local authority and a business entity that obligates the entity to provide goods or services in exchange for money or other valuable consideration.(6) Contract management--Initiating, procuring, awarding, monitoring, and enforcing a contract.(7) Contract term--The period of time during which a contract is in effect, identified by a starting and ending date.(8) Contractor--A business entity that has a contract for goods or services with a local authority.(9) Goods--Tangible personal property and intellectual property.(10) Intellectual property--Any intangible asset that consists of human knowledge and ideas (e.g., software).(11) Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and Safety Code, § 533.035(a).(12) Local service area--A geographic area composed of one or more Texas counties delimiting the population which may receive community services from a local authority.(13) Participated--To have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.(14) Particular matter--A specific investigation, application, request for a ruling or determination, proceeding related to the development of policy, contract, claim, charge, accusation, arrest, or judicial or other proceeding.(15) Performance contract--The contract between TDMHMR and a local authority in which TDMHMR agrees to pay the local authority a specified sum and in which the local authority agrees to provide local match, for, at a minimum, ensuring and/or monitoring the provision of specified mental health and mental retardation services in a local service area.(16) Priority population--Those groups of persons with mental illness and mental retardation identified in TDMHMR's current strategic plan as being most in need of mental health and mental retardation services.(17) Proposal--Documents prepared by a respondent in response to a request for proposals.(18) Respondent--A business entity that submits an oral, written, or electronic response to a solicitation. The term is intended to include "applicant," "offeror," "proposer," and other similar terminology to describe a business entity that responds to a solicitation.(19) Response--An oral, written, or electronic "offer," "proposal," "quote," "application," or other applicable expression of interest to a solicitation.(20) Services-- (A) Community services--Mental health and mental retardation services required to be available in each local service area pursuant to the Texas Health and Safety Code, § 534.053(a), for which TDMHMR contracts through the performance contract as well as all other services specified in the performance contract.(B) Non-community services--All services other than community services.(21) Solicitation--A notification of the local authority's intent to purchase community services (e.g., request for proposals and request for applications).(22) TDMHMR--The Texas Department of Mental Health and Mental Retardation.40 Tex. Admin. Code § 2.53
The provisions of this §2.53 adopted to be effective April 22, 2001, 26 TexReg 2845; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841