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RULE §102.205Definitions

The following words and terms, when used in this chapter and Chapter 101 of this title (relating to Administrative Rules and Procedures), have the following meanings, unless the context clearly indicates otherwise:

  (1) Award--The act of communicating acceptance of a bid or offer to the bidder or offeror, thereby forming a contract. The term also applies to the act of communicating acceptance of a grant proposal. Preliminary awards to not form a contract at that time.

  (2) Bid--An offer to contract with the state submitted in response to a bid invitation.

  (3) Bona fide emergency--A purchase of goods or services required as a direct result of an emergency that constitutes an immediate threat to public health or safety or which creates an imminent risk of loss to the purchasing entity that the entity documents and justifies in the procurement record.

  (4) Contract--A promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. It is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. The term also encompasses the written document that describes the terms of the agreement. For state contracting purposes, it generally describes the terms of a purchase of goods or services from a vendor or service provider; however, the term also encompasses grant arrangements.

  (5) Contractor--An entity or person holding a written agreement with a purchasing entity to provide goods and services; or a recipient or subrecipient holding a written agreement with a grantor or recipient to carry out all or part of a program.

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

  (7) Formal competitive procurement--A competitive procurement with an estimated value that equals or exceeds the value required for posting the solicitation on the Electronic State Business Daily.

  (8) Goods--Transportable articles of trade or commerce that can be bartered or sold. Goods do not include services or real property. For health and human services agencies, goods do not include:

    (A) goods within the definition of "automated information system" under Government Code, Chapter 2157;

    (B) goods obtained under an Interagency Contract or an Interlocal Contract; or

    (C) goods used in support of a health and human services agency's health care programs and acquired under Government Code, §2155.144.

  (9) Informal competitive procurement--A competitive procurement with a value that is less than the value required for posting the solicitation on the Electronic State Business Daily.

  (10) Offer--A proposal by one party to another that invites the other party to accept. An offer may consist of a proposal to sell something, buy something, take some action, or refrain from doing something. If the offer is accepted and there is an exchange of consideration, a contract is created.

  (11) Procurement--The acquisition of goods or services. Procurement can refer to the act of obtaining something through effort, and therefore does not necessarily involve the exchange of consideration or create a contract. The term is broader than purchasing, which has the connotation of an exchange of consideration (that is, buying), but the terms are generally used interchangeably.

  (12) Provider--An individual or business entity that supplies goods or services to a purchasing entity under an agreement or contract to provide such goods or services.

  (13) Proposal--Binding offer submitted by a respondent in response to a request for proposals (RFP).

  (14) Purchase Order--A written document issued by DARS to accept a bid or an offer, thereby creating an agreement between the bidder or offeror and DARS.

  (15) 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.

  (16) Subcontract--A written agreement between the original contractor and a third party to provide all or a specified part of the goods, services, work, and materials required in the original contract.

Source Note: The provisions of this §102.205 adopted to be effective March 12, 2012, 37 TexReg 1720

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