The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise:
(1) Application--Documents prepared by a respondent
in response to a request for applications.
(2) Best value--The optimum combination of economy
and quality that is the result of fair, efficient, and practical procurement
decision-making and which achieves the following objectives:
(A) promote fairness and competition for local authority
contracts;
(B) support the delivery of services and benefits that
best meets the needs of clients of programs administered by the local
authority;
(C) promote timely, high quality, and responsive
performance by contractors; and
(D) encourage and reward the continuing participation
of quality contractors.
(3) Business entity--A sole proprietorship, partnership,
firm, corporation, holding company, joint-stock company, receivership,
trust, or any other entity recognized by law.
(4) Consumer--A person in the priority population or
otherwise designated in the performance contract as eligible for community
services.
(5) Contract--A written agreement, including a purchase
order, between a local authority and a business entity that obligates
the entity to provide goods or services in exchange for money or other
valuable consideration.
(6) Contract management--Initiating, procuring, awarding,
monitoring, and enforcing a contract.
(7) Contract term--The period of time during which
a contract is in effect, identified by a starting and ending date.
(8) Contractor--A business entity that has a contract
for goods or services with a local authority.
(9) Goods--Tangible personal property and intellectual
property.
(10) Intellectual property--Any intangible asset that
consists of human knowledge and ideas (e.g., software).
(11) Local authority--An entity designated by the TDMHMR
commissioner in accordance with the Texas Health and Safety Code, §533.035(a).
(12) Local service area--A geographic area composed
of one or more Texas counties delimiting the population which may
receive community services from a local authority.
(13) Participated--To have taken action as an officer
or employee through decision, approval, disapproval, recommendation,
giving advice, investigation, or similar action.
(14) Particular matter--A specific investigation, application,
request for a ruling or determination, proceeding related to the development
of policy, contract, claim, charge, accusation, arrest, or judicial
or other proceeding.
(15) Performance contract--The contract between TDMHMR
and a local authority in which TDMHMR agrees to pay the local authority
a specified sum and in which the local authority agrees to provide
local match, for, at a minimum, ensuring and/or monitoring the provision
of specified mental health and mental retardation services in a local
service area.
(16) Priority population--Those groups of persons with
mental illness and mental retardation identified in TDMHMR's current
strategic plan as being most in need of mental health and mental retardation
services.
(17) Proposal--Documents prepared by a respondent in
response to a request for proposals.
(18) Respondent--A business entity that submits an
oral, written, or electronic response to a solicitation. The term
is intended to include "applicant," "offeror," "proposer," and other
similar terminology to describe a business entity that responds to
a solicitation.
(19) Response--An oral, written, or electronic "offer,"
"proposal," "quote," "application," or other applicable expression
of interest to a solicitation.
(20) Services--
(A) Community services--Mental health and mental retardation
services required to be available in each local service area pursuant
to the Texas Health and Safety Code, §534.053(a), for which TDMHMR
contracts through the performance contract as well as all other services
specified in the performance contract.
(B) Non-community services--All services other than
community services.
(21) Solicitation--A notification of the local authority's
intent to purchase community services (e.g., request for proposals
and request for applications).
(22) TDMHMR--The Texas Department of Mental Health
and Mental Retardation.
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