The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise:
(1) Best value--The optimum combination of economy
and quality that is the result of fair, efficient, and practical procurement
decision-making and that achieves health and human services procurement
objectives as described in Texas Government Code, §2155.144.
(2) Business entity--A sole proprietorship, including
an individual, partnership, firm, corporation, holding company, joint-stock
company, receivership, trust, or any other entity recognized by law.
(3) Central Office--DSHS's administrative offices in
Austin.
(4) Consultant contract--A contract to retain the services
consistent with Texas Government Code, Chapter 2254, Subchapter B,
to exclude:
(A) practitioners of professional services (as defined
in this section);
(B) private legal counsel;
(C) investment counselors;
(D) actuaries; or
(E) medical or dental services providers.
(5) Consumer--A person with mental illness or mental
retardation receiving services funded by DSHS.
(6) Consumer services contract--A contract for the
provision of services delivered to a consumer or consumers.
(7) Contract--A written agreement, including a purchase
order, between a facility or Central Office and a business entity
that obligates the entity to provide goods or services in exchange
for money or other valuable consideration.
(8) Contract director--The DSHS employee who is responsible
for contracts management.
(9) Contract management--Developing specifications
or scope of work or contractor qualifications, evaluating responses,
and procuring, negotiating, drafting, awarding, executing, monitoring,
and enforcing a contract.
(10) Contractor--A business entity that provides goods
or services in exchange for money or other valuable consideration
pursuant to a contract.
(11) Facility--Any state hospital, state school, or
state center operated by the Texas Department of State Health Services.
(12) Higher authority--The DSHS employee to whom the
contract director reports, as follows:
(A) at a facility--the superintendent, director, or
executive director.
(B) at Central Office--
(i) the deputy commissioner for finance and administration;
or
(ii) the director of the Support Services division.
(13) Local authority--An entity designated by the DSHS
commissioner in accordance with the Texas Health and Safety Code, §533.035(a).
(14) Performance contract--A written agreement between
DSHS and a local authority for the provision of one or more functions
as described in the Texas Health and Safety Code, §533.035(a).
(15) Professional services--Services as described in
Texas Government Code, §2254.002.
(16) DSHS--The Texas Department of State Health Services.
(17) DSHS Contracts Manual--A publication of DSHS's
internal policies and procedures relating to contracting.
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