Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 392 - PURCHASE OF GOODS AND SERVICES FOR SPECIFIC HEALTH AND HUMAN SERVICES COMMISSION PROGRAMS › Subchapter D - DARS CONTRACT MANAGEMENT REQUIREMENT › Section 392.303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Amendment--A formal
				  revision or addition to a contract.
(2) Bid--An offer to contract with the state
				  submitted in response to a bid invitation.
(3) Commissioner--The Chief Executive Officer
				  of the Texas Department of Assistive and Rehabilitative Services.
(4) Contract--A promise, or a set of
				  promises, for breach of which the law gives a remedy, or the performance of
				  which the law in some way recognizes as a duty. It is an agreement between two
				  or more parties creating obligations that are enforceable or otherwise
				  recognizable at law. The term also encompasses the written document that
				  describes the terms of the agreement. For state contracting purposes, it
				  generally describes the terms of a purchase of goods or services from a vendor
				  or service contractor; however, the term also encompasses grant
				  arrangements.
(5) Contract
				  Assignment--The transfer of contractual rights held by one party to another
				  party.
(6) Contractor--An entity or
				  person holding a written agreement with a purchasing entity to provide goods
				  and services; or a recipient or sub-recipient holding a written agreement with
				  a grantor or sub-recipient to carry out all or part of a program.
(7) Contract records--All financial and
				  programmatic records, supporting documents, papers, statistical data, or any
				  other written or electronic materials that are pertinent to each specific
				  contract instrument.
(8) Corrective
				  action plan--Specific steps to be taken by a contractor to resolve identified
				  deficiencies and/or to address concerns that the contracting agency has
				  regarding the contractor's compliance with contract terms or other applicable
				  laws, rules, or regulations. The corrective action plan may also focus on
				  improving contractor performance (as it relates to service delivery, reporting,
				  and/or financial stability).
(9)
				  DARS--The Texas Department of Assistive and Rehabilitative Services.
(10) DARS policies--For the purposes of this
				  chapter only, the standards that DARS provides to contractors that stipulate
				  performance expectations for contractors to provide goods or services under the
				  contract.
(11) Effective date--The
				  date of complete execution of the contract or the date upon which the parties
				  agree the contract takes effect.
(12) Entity--An association, organization,
				  governmental or business body, or existing body or class of persons that is
				  chartered or organized for representing the interest of persons.
(13) Grant--An award of financial assistance,
				  including cooperative agreements, in the form of money, property in lieu of
				  money, or other financial assistance paid or furnished by the state or federal
				  government to an eligible grantee to carry out a program in accordance with
				  rules, regulations, and guidance provided by the grantor agency.
(14) Memorandum of Understanding (MOU)--A
				  written document evidencing the understanding or agreement of two or more
				  parties regarding the subject matter of the agreement. Because the underlying
				  agreement may or may not be legally binding and enforceable in and of itself, a
				  memorandum of understanding may or may not constitute a contract. It is
				  generally considered a less formal way of evidencing an agreement, and is
				  ordinarily used in state government only between or among state agencies or
				  other government entities. The term is used interchangeably with "memorandum of
				  agreement."
(15) Program--DARS
				  activities designed to deliver services or benefits provided by
				  statute.
(16) Subcontract--A
				  written agreement between the original contractor and a third party to provide
				  all or a specified part of the goods, services, work, and/or materials required
				  in the original contract.