| (41) Perishable goods--Goods that are subject to spoilage
within a relatively short time and that may be purchased by agencies
under delegated authority.
(42) Post-consumer materials--Finished products, packages,
or materials generated by a business entity or consumer that have
served their intended end uses, and that have been recovered or otherwise
diverted from the waste stream for the purpose of recycling.
(43) Pre-consumer materials--Materials or by-products
that have not reached a business entity or consumer for an intended
end use, including industrial scrap material, and overstock or obsolete
inventories from distributors, wholesalers, and other companies. The
term does not include materials and by-products generated from, and
commonly reused within, an original manufacturing process or separate
operation within the same or a parent company.
(44) Prescribed form--The entry screens available in
the ESBD.
(45) Proprietary--Products or services manufactured
or offered under exclusive rights of ownership, including rights under
patent, copyright, or trade secret law. A product or service is proprietary
if it has a distinctive feature or characteristic which is not shared
or provided by competing or similar products or services.
(46) Public utility or utility--A public utility or
utility as the term is defined under Utilities Code, §11.004.
(47) Purchase orders--A document issued by a qualified
ordering entity to make a purchase under a term contract issued by
the comptroller by these rules.
(48) Purchasing functions--The development of specifications,
receipt and processing of requisitions, review of specifications,
advertising for bids, bid evaluation, award of contracts, and inspection
of merchandise received. The term does not include invoice, audit,
or contract administration functions.
(49) Qualified cooperative entity--An entity that qualifies
for participation in the cooperative purchasing program and includes:
(A) a local government;
(B) a mental health and mental retardation community
center identified in Government Code, §2155.202, that receive
grants-in-aid under the provisions of Health and Safety Code, Chapter
534, Subchapter B;
(C) an assistance organization as defined in Government
Code, §2175.001, that receive any state funds; and
(D) a political subdivision, as defined by Government
Code, Chapter 791.
(50) Qualified Ordering Entity--An entity that is either:
(A) a state agency; or
(B) a qualified cooperative entity that has registered
with the comptroller to participate in the cooperative purchasing
program as defined in Local Government Code, Subchapter D, §271.081.
(51) Recycled material content--The portion of a product
made with recycled materials consisting of pre-consumer materials
(waste), post-consumer materials (waste), or both.
(52) Recycled materials--Materials, goods, or products
that contain recyclable material, industrial waste, or hazardous waste
that may be used in place of raw or virgin materials in manufacturing
a new product.
(53) Recycled product--A product, including recycled
steel that meets the requirements for recycled material content as
prescribed by the rules established by the Texas Commission on Environmental
Quality in consultation with the comptroller.
(54) Registered agent--A representative designated
by each state agency responsible for posting eligible procurement
opportunities in the ESB.
(55) Remanufactured product--A product that has been
repaired, rebuilt, or otherwise restored to meet or exceed the original
equipment manufacturer's (OEM) performance specifications; provided,
however, the warranty period for a remanufactured product may differ
from the OEM warranty period.
(56) Request for proposal--A written request for offers
concerning goods or services the state intends to acquire by means
of the competitive sealed proposal procedure.
(57) Requisition--
(A) Open market purchase requisition. An initiating
request from an agency describing needs and requesting the comptroller
to purchase goods or services to satisfy those needs.
(B) Term contract purchase requisition. A request from
a qualified ordering entity for delivery of goods under an existing
term contract.
(58) Resolution--Document of legal intent adopted by
the governing body of a qualified cooperative entity that evidences
the qualified cooperative entity's participation in the cooperative
purchasing program.
(59) Respondent--A person that submits a response to
a solicitation.
(60) Retail electric provider--A retail electric provider
as the term is defined under Utilities Code, §31.002(17).
(61) Reverse auction--A real time bidding procedure
that is Internet dependent and which is conducted at a pre-scheduled
time and Internet location in which multiple suppliers, anonymous
to each other, submit bids for designated goods or services.
(62) Schedule--A list of multiple award contracts from
which agencies may purchase goods and services.
(63) Sealed bid--A formal written bid.
(64) Solicitation--An invitation for bids or a request
for proposals or any other document issued by a state agency for the
purpose of soliciting offers in any form from a vendor to sell goods
or services to the state and that includes at a minimum the information
identified in Government Code, §2155.083(g).
(65) Specification--A concise statement of a set of
requirements to be satisfied by a product, material or service, indicating
whenever appropriate the procedures to determine whether the requirements
are satisfied.
(66) Standard specification--A description of what
the purchaser requires and what a bidder or proposer must offer.
(67) State agency--A state agency as the term is defined
under Government Code, Title 10, §2151.002.
(68) Successor-in-interest--Any business entity that
acquires or otherwise obtains the controlling ownership of a business
entity.
(69) Tabulation of bids--The recording of bids and
bidding data for purposes of bid evaluation and recordkeeping.
(70) Term contract purchase--A purchase by a qualified
ordering entity under a term contract, which established a source
of supply for particular goods at a given price for a specified period
of time.
(71) Testing--An element of inspection involving the
determination, by technical means, of the properties or elements of
item(s) or component(s), including function operation.
(72) Texas uniform standards and specifications--Standards
and specifications prepared and published by the standards and specifications
program of the comptroller.
(73) Unit price--The price of a selected unit of a
good or service, e.g., price per ton, per labor hour, or per foot.
(74) Using agency--An agency of government that requisitions
goods or services through the comptroller.
(75) Vendor--A person that offers goods and services
in the state.
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