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RULE §212.1Commodity Items Definitions

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; and

      (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 Services.

  (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 response.

  (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 Information Resources.

  (12) Director--the Executive Director of the Department of Information Resources.

Source Note: The provisions of this §212.1 adopted to be effective September 22, 2005, 30 TexReg 5945; amended to be effective November 23, 2015, 40 TexReg 8195

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