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RULE §20.32Definitions

The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Adopted uniform standards and specifications--Specifications and standards developed by nationally recognized standards-making associations that are evaluated and adopted by the specifications and standards program.

  (2) Advisory groups--A group that advises and assists the standards and specification program in establishing specifications. The advisory group may include representatives from federal, state and local governments, user groups, manufacturers, vendors and distributors, bidders, associations, colleges, universities, testing laboratories and others with expertise and specialization in particular product area.

  (3) Agency--A state agency as the term is defined under the Texas Government Code, Title 10, §2151.002.

  (4) Agent of record--An employee or official designated by a qualified cooperative entity as the individual responsible to represent the qualified entity in all matters relating to the program.

  (5) Approved products list--The list is also referred to as the approved brands list or qualified products list. It is a specification developed by evaluation brands and models of various manufacturers and listing those determined to be acceptable to meet the minimum level of quality. Testing is completed in advance of procurement to determine which products comply with the specifications and standards requirements.

  (6) Auxiliary enterprise--A business activity that is conducted at a state agency, provides a service to the agency, and is not paid with appropriated money. The Commission's authority does not extend to a purchase made by an agency for an auxiliary enterprise.

  (7) Award--The act of accepting a bid, thereby forming a contract between the state and a bidder.

  (8) Bid--An offer to contract with the state, submitted in response to a bid invitation issued by the commission.

  (9) Bid deposit--A deposit required of bidders to protect the state in the event a low bidder attempts to withdraw its bid or otherwise fails to enter into a contract with the state. Acceptable forms of bid deposits are limited to: cashier's check, certified check, or irrevocable letter of credit issued by a financial institution subject to the laws of Texas and entered on the United States Department of the Treasury's listing of approved sureties; a surety or blanket bond from a company chartered or authorized to do business in Texas.

  (10) Bid sample--A sample required to be furnished as part of a bid, for evaluating the quality of the product offered.

  (11) Bidder--An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or other entity that submits a bid, such as agents, employees, and representatives.

  (12) Blanket bond--A surety bond which provides assurance of a bidder's performance on two or more contracts in lieu of separate bonds for each contract. The amount for a blanket bond shall be established by the commission based on the bidder's annual level of participation in the state purchasing program.

  (13) Board--The governing body of a county or local school district.

  (14) Brand name--A trade name or product name which identifies a product as having been made by a particular manufacturer.

  (15) Centralized master bidders list (CMBL)--A list maintained by the Commission containing the names and addresses of prospective bidders and catalog information systems vendors.

  (16) Consumable procurement budget--That portion of an agency's budget as identified by the comptroller's expenditure codes attributable to consumable supplies, materials, and equipment.

  (17) Cooperative purchasing program--A program to provide purchasing services to qualified cooperative entities, as defined herein.

  (18) Debarment--An exclusion from contracting or subcontracting with state agencies on the basis of any cause set forth in §113.102 of this title (relating to Vendor Performance and Debarment), commensurate with the seriousness of the offense, performance failure, or inadequacy to perform.

  (19) Director--The director of the Commission's purchasing division.

  (20) Distributor purchase--purchase of repair parts for a unit of major equipment that are needed immediately or as maintenance contracts for laboratory/medical equipment.

  (21) Emergency procurement--A situation requiring the state agency to make the procurement more quickly to prevent a hazard to life, health, safety, welfare, or property or to avoid undue additional cost to the state.

  (22) Environmentally sensitive products--Products that protect or enhance the environment, or that damage the environment less than traditionally available products.

  (23) Equivalent product--A product that is comparable in performance and quality to the specified product.

  (24) Escalation clause--A clause in a bid providing for a price increase under certain specified circumstances.

  (25) Formal bid--A written bid submitted in a sealed envelope in accordance with a prescribed format, or an electronic data interchange transmitted to the Commission in accordance with procedures established by the Commission.

  (26) Group purchasing program--A purchasing program that offers discount prices to two or more state agencies, which is formed as a result of interagency or interlocal cooperation and follows all applicable statutory standards for purchases.

  (27) Informal bid--An unsealed, competitive bid submitted by letter, telephone, telegram, or other means.

  (28) Invitation for bids (or IFB)--A written request for submission of a bid; also referred to as a bid invitation.

  (29) Late bid--A bid that is received at the place designated in the bid invitation after the time set for bid opening.

  (30) Level of quality--The ranking of an item, article, or product in regard to its properties, performance, and purity.

  (31) Local government--a county, municipality, special district, school district, junior college district, regional planning commission, or other political subdivision of the state pursuant to Local Government Code, §271.101.

  (32) Manufacturer's price list--A price list published in some form by the manufacturer and available to and recognized by the trade. The term does not include a price list prepared especially for a given bid.

  (33) Multiple award contract (as it applies to Multiple Award Schedule Contracts)--an award of a contract for an indefinite amount of one or more similar goods or services from a vendor.

  (34) Multiple award contract procedure--A purchasing procedure by which the Commission establishes one or more levels of quality and performance and makes more than one award at each level.

  (35) Non-competitive purchase--A purchase of goods or services (also referred to as "spot purchase") that does not exceed the amount stated in §113.11(c)(1) of this title (relating to Delegated Purchases).

  (36) Notice of award--A letter signed by the director or his designee which awards and creates a term contract.

  (37) Open market purchase--A purchase of goods, usually of a specified quantity, made by buying from any available source in response to an open market requisition.

  (38) Performance bond--A surety bond which provides assurance of a bidder's performance of a certain contract. The amount for the performance bond shall be based on the bidder's annual level of potential monetary volume in the state purchasing program. Acceptable forms of bonds are those described in the definition for "bid deposit".

  (39) Perishable goods--Goods that are subject to spoilage within a relatively short time and that may be purchased by agencies under delegated authority.

  (40) 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.

  (41) 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.

  (42) 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.

  (43) Public bid opening--The opening of bids at the time and place advertised in the bid invitation, in the presence of anyone who wishes to attend. On request of any person in attendance, bids will be read aloud.

  (44) Purchase orders--

    (A) Open market purchase order--A document issued by the Commission to accept a bid, creating an open market purchase contract.

    (B) Automated contract purchase order--A release order issued by the Commission under an existing term contract, and pursuant to a requisition from a qualified ordering entity.

    (C) Non-automated purchase order--A release order issued by an agency as a non-automated term contract, and pursuant to a requisition by the qualified ordering entity.

  (45) 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.

  (46) Information systems vendor catalog offer--A request for offers of prices from catalog vendors (CISV).

  (47) Qualified cooperative entity--An entity that qualifies for participation in the cooperative purchasing program:

    (A) A county, municipality, school district, special district, junior college district, or other legally constituted political subdivision of the state that is a local government.

    (B) Mental health and mental retardation community centers in Government Code, §2155.202, that receive grants-in-aid under the provisions of Subchapter B, Chapter 534, Health and Safety Code.

    (C) An assistance organization as defined in Government Code, §2175.001, that receive any state funds.

    (D) A political subdivision, under Chapter 791, Government Code.

  (48) Qualified Ordering Entity--A state agency as the term is defined under the Texas Government Code, Title 10, §2151.002, or an entity that qualifies for participation in the cooperative purchasing program as defined in Local Government Code, Subchapter D, §271.081.

  (49) Recycled material content--The portion of a product made with recycled materials consisting of pre-consumer materials (waste), post-consumer materials (waste), or both.

  (50) 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.

  (51) 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 Texas Building and Procurement Commission.

  (52) 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.

  (53) 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.

  (54) Requisition--

    (A) Open market purchase requisition--An initiating request from an agency describing needs and requesting the Commission 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.

  (55) Responsible vendor--A vendor who has the capability to perform all contract requirements in full compliance with applicable state law, ethical standards, and applicable Commission rules.

  (56) 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.

  (57) 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.

  (58) Schedule--a list of multiple award contracts from which agencies may purchase goods and services.

  (59) Scheduled purchase--A purchase with a prescheduled bid opening date, allowing the Commission to combine orders for goods.


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