Section 392.403 - DefinitionsThe 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 Texas Government Code, § RSA 2155.144.(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) Central Office--DSHS's administrative offices in Austin.(4) Consultant contract--A contract to retain the services 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;(E) medical or dental services providers.(5) Consumer--A person with mental illness or mental retardation receiving services funded by DSHS.(6) Consumer services contract--A contract for the provision of services delivered to a consumer or consumers.(7) 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.(8) Contract director--The DSHS employee who is responsible for contracts management.(9) Contract management--Developing specifications or scope of work or contractor qualifications, evaluating responses, and procuring, negotiating, drafting, awarding, executing, monitoring, and enforcing a contract.(10) Contractor--A business entity that provides goods or services in exchange for money or other valuable consideration pursuant to a contract.(11) Facility--Any state hospital, state school, or state center operated by the Texas Department of State Health Services.(12) Higher authority--The DSHS 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.(13) Local authority--An entity designated by the DSHS commissioner in accordance with the Texas Health and Safety Code, § RSA 533.035(a).(14) Performance contract--A written agreement between DSHS and a local authority for the provision of one or more functions as described in the Texas Health and Safety Code, § RSA 533.035(a).(15) Professional services--Services as described in Texas Government Code, § RSA 2254.002.(16) DSHS--The Texas Department of State Health Services.(17) DSHS Contracts Manual--A publication of DSHS's internal policies and procedures relating to contracting.1 Tex. Admin. Code § 392.403
Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3641, eff. 6/17/2015