Words and terms defined in chapter 217 shall have those same
meanings when used in this chapter. The following words and terms,
when used in this chapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Commodity items--commercially available Software,
Hardware and Technology Services that are generally available to businesses
or the public and for which the department determines that a reasonable
demand exists in two or more state agencies.
(2) Contract--a binding agreement between a vendor
and DIR customer pursuant to a cooperative contract issued by the
department under the authority of §2157.068, Texas Government
Code. All contracts shall be subject to the terms and requirements
of the underlying cooperative contract.
(A) Any of the following will constitute a contract:
(i) The DIR customer's fully executed purchase order;
(ii) Purchase order change notice.
(B) Any of the following do not constitute a contract
for purposes of determining dollar value:
(i) Optional extensions or renewals;
(ii) Documents executed for purposes of encumbering
funds but not constituting a binding transaction;
(iii) Any related document without an accompanying
purchase order, including but not limited to statements of work, license
agreements, maintenance agreements, or service agreements.
(3) Software--commercially available programs that
operate hardware. The term includes all supporting documentation,
media on which the software may be contained or stored, related materials,
modifications, versions, upgrades, enhancements, updates or replacements.
The term does not include hardware.
(4) Hardware--the physical technology used to process,
manage, store, transmit, receive or deliver information. The term
does not include software.
(5) Technology services--all the services, functions
and activities that facilitate the design, implementation, creation,
or use of software or hardware. The term includes seat management,
staffing augmentation, training, maintenance and subscription services.
The term does not include telecommunications services.
(6) Seat management--services through which a state
agency transfers its responsibilities to a vendor to manage its personal
computing needs, including all necessary Hardware, Software and Technology
(7) Purchase--to obtain ownership, any rights with
respect to the use, transfer of ownership, or delivery of commodity
items through acquisition, lease or any other method.
(8) Request for pricing--An invitation for a vendor
to submit competitive prices for an existing contract, under the existing
terms and conditions, or for a prospective contract. A state agency
may request additional information to evaluate the vendor and its
(9) State agency--a department, commission, board,
office, council, authority or other agency in the executive branch
or judicial branch of state government, that is created by the constitution
or a statute of the state. The term does not include institutions
of higher education, as defined in §61.003, Education Code, unless
an institution has been determined to be out of compliance with the
purchasing standards required under §51.9337, Education Code.
(10) Statement of Work--a document that states the
requirements for a contract for certain services, including deliverables,
performance specifications and other requirements that are not specified
in a contract awarded by the department under Texas Government Code §2157.068
for contracts more than $50,000; also referred to as SOW. A statement
of work is not applicable to:
(A) IT staffing services;
(B) contracts exclusively for hardware or software
and not including services;
(C) the vendors' standard commercially available support,
maintenance, and warranties as documented in the DIR cooperative contract
or modified in accordance with the DIR cooperative contract provision
addressing modification of contract terms and/or amendments.
(11) Board--the governing board of the Department of
(12) Director--the Executive Director of the Department
of Information Resources.