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.
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