SECTION 392.103. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Applicant--A person or organization that applies for a DARS ECI contract through a non-competitive process, including contract renewal.

(2) Application--An application for a DARS ECI contract through a non-competitive process, including contract renewal.

(3) Competition--A process using a solicitation instrument that allows the simultaneous and comparative evaluation of proposals or offers from two or more qualified respondents acting independently.

(4) Contract--A written agreement between DARS ECI and a subrecipient to deliver all ECI system requirements within a designated region of Texas.

(5) DARS--The Texas Department of Assistive and Rehabilitative Services.

(6) Monitoring--Ongoing activities to ensure compliance with the contract, state and federal laws and regulations, and applicable DARS rules, policy and procedures, including subsequent amendments. Monitoring includes desk reviews of financial data, client records, and other pertinent information and comprehensive on-site visits, follow up on-site visits, and focused on-site visits.

(7) Office of Management and Budget (OMB) Circulars--Financial management policies issued by the Office of Management and Budget (OMB) in the Executive Office of the President and made applicable to Texas and its subgrantees and contractors by regulations of the U.S. Department of Education or other funding agencies. The circulars are found in Title 2 of the Code of Federal Regulations or in official White House publications.

(8) Proposal--A binding offer submitted by a respondent in response to a request for proposals (RFP).

(9) Respondent--A person or entity that submits an oral, written, or electronic response to a solicitation instrument. A respondent may also be referenced as an "offeror" or "proposer."

(10) Solicitation--A document requesting submittal of bids or proposals for goods or services in accordance with the advertised specifications. May also apply to grant arrangements.

(11) Subrecipient--A non-federal agency that expends federal funds received from a pass-through entity to carry out objectives of the federal program or award.

(12) TKIDS--Texas Kids Intervention Data System (TKIDS). DARS' automated data system established by Human Resources Code, §73.0051(k) used to plan, manage, and maintain records of client services.

(13) UGMS--Uniform Grant Management Standards (UGMS) adopted under the authority of Texas Government Code, Chapter 783.

(14) Uniform Grant and Contract Management Act (UGCMA)--Texas Government Code, Chapter 783.

Source Note: The provisions of this §392.103 adopted to be effective June 17, 2015, 40 TexReg 3638