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 §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 §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 §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.
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