SECTION 391.107. Definitions

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.

Source Note: The provisions of this §391.107 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732