Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 391 - PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 391.107 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Bid--An offer, submitted
				  in response to an Invitation for Bids, to contract with the state.
(2) Bidder--An individual or entity that
				  submits a bid. The term includes anyone acting on behalf of the individual or
				  entity that submits a bid, such as an agency, employee or
				  representative.
(3) Competitive
				  range--Consists of the offers or proposals that have a reasonable chance of
				  being selected for award considering the evaluation criteria and basis for
				  award as stated in the solicitation.
(4) Comptroller--The Texas Comptroller of
				  Public Accounts or an authorized representative.
(5) Contract--A written agreement, including
				  a purchase order, between HHS and a contractor for the purchase of goods or
				  services.
(6) Contract Advisory
				  Team--An interagency oversight team responsible for reviewing and making
				  recommendations on the solicitation documents for state agency contracts in
				  accordance with Texas Government Code, Chapter 2262, Subchapter C.
(7) Contract file--Encompasses the
				  procurement file and any other documentation related to the management and
				  monitoring of the resulting contract.
(8) Contractor--A business entity or
				  individual that has a contract to provide goods or services to HHS.
(9) DFPS--The Texas Department of Family and
				  Protective Services.
(10)
				  Electronic State Business Daily (ESBD)--The state's online directory listing
				  procurement opportunities.
(11)
				  Emergency purchase--A procurement that must occur quickly to prevent a hazard
				  to life, health, safety, welfare, or property or to avoid undue additional cost
				  to the state.
(12) Group purchasing
				  organization (GPO)--A program administered by a business entity that offers
				  discount prices on goods and services to participants in the program.
(13) Health care program--A program or
				  activity administered or funded by a state agency to provide health care
				  services, research, education, or goods.
(14) HHS--The Texas Health and Human Services
				  system. For the purposes of this chapter, unless specifically stated otherwise
				  in certain subchapters, the HHS system includes HHSC and the Texas Department
				  of State Health Services.
(15)
				  HHSC--The Texas Health and Human Services Commission.
(16) Historically underutilized business
				  (HUB)--A business as defined in Texas Government Code §
										RSA
				  2161.001(2).
(17) Interested parties--Respondents
				  connected to a solicitation, response evaluation, or contract award that is
				  being protested.
(18) Invitation
				  for Bids (IFB)--A formal written competitive sealed bid solicitation that
				  involves price and specifications as the most important considerations when
				  evaluating bids.
(19) Notice of
				  intent to award--A publicly posted document that provides notice of HHS's
				  intent to award a contract; may also be referred to as a tentative award
				  .
(20) Open enrollment --A method
				  of contracting that does not involve a competitive element, but instead is
				  based upon vendor eligibility and non-negotiable contracts and predetermined
				  rates.
(21) Procurement--Refers to
				  all aspects of the sourcing activities, including drafting and issuing the
				  solicitation, evaluation of responses, selection of successful respondents, the
				  negotiation of contracts, and the actual purchasing of goods or
				  services.
(22) Procurement
				  file--Written documentation pertaining to the management of a
				  procurement.
(23) Procurement
				  method--The procedure employed by HHS to acquire goods and services.
(24) Procurement personnel--HHSC personnel
				  involved in purchasing and contract development activities.
(25) Proposal--A written response to a
				  solicitation; may also be referred to as a solicitation response.
(26) Proprietary--A product or service that
				  has a distinctive feature or characteristic not shared or provided by competing
				  or similar products or services.
(27) Protest--A challenge to the terms of a
				  solicitation or the award of a contract.
(28) Protestant--Any respondent that files a
				  protest in connection with a solicitation, evaluation, or award of a contract
				  in accordance with Subchapter C of this chapter (relating to
				  Protests).
(29) Purchase
				  preference--A preference in the procurement of goods or services established in
				  state or federal law.
(30) Quality
				  Assurance Team--An interagency oversight team responsible for reviewing and
				  providing recommendations on contracts for the development or implementation of
				  major information resources projects in accordance with Texas Government Code
				  §
										RSA
				  2054.158.
(31) Quote--An estimated price for goods or
				  services.
(32) Request for Offers
				  (RFO)--A written solicitation requesting the submission of offers for
				  information technology goods and services.
(33) Request for Proposals (RFP)--A written
				  solicitation for purchases acquired by the competitive sealed proposal
				  method.
(34) Request for
				  Qualifications (RFQ)--A written solicitation utilized to purchase services
				  where respondents are evaluated on their qualifications.
(35) Respondent--An individual or entity that
				  submits a written response to a solicitation.
(36) Reverse auction--A bidding process
				  conducted in accordance with Texas Government Code §
										RSA
				  2155.062.
(37) Sole source--A type of proprietary
				  purchase where the good or service is only available for purchase through a
				  single vendor.
(38)
				  Solicitation--An Invitation for Bids, Request for Offers, Request for
				  Proposals, Request for Qualifications, or similar instrument that HHSC publicly
				  posts.
(39) Specifications--A set
				  of requirements to be satisfied by a product, material, or service.
(40) TCCO--The Texas Civil Commitment
				  Office.
(41) Value engineering--An
				  organized effort directed at analyzing designed building features, systems,
				  equipment, and material selections for the purpose of achieving essential
				  functions at the lowest life cycle cost consistent with required performance,
				  quality, reliability, and safety.
(42) Vendor--A provider of goods or
				  services.