The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
  (1) Application--Documents prepared by a respondent in response to a request for applications.
  (2) Best value--The optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-making and which achieves the following objectives:
    (A) promote fairness and competition for local authority contracts;
    (B) support the delivery of services and benefits that best meets the needs of clients of programs administered by the local authority;
    (C) promote timely, high quality, and responsive performance by contractors; and
    (D) encourage and reward the continuing participation of quality contractors.
  (3) Business entity--A sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
  (4) Consumer--A person in the priority population or otherwise designated in the performance contract as eligible for community services.
  (5) Contract--A written agreement, including a purchase order, between a local authority and a business entity that obligates the entity to provide goods or services in exchange for money or other valuable consideration.
  (6) Contract management--Initiating, procuring, awarding, monitoring, and enforcing a contract.
  (7) Contract term--The period of time during which a contract is in effect, identified by a starting and ending date.
  (8) Contractor--A business entity that has a contract for goods or services with a local authority.
  (9) Goods--Tangible personal property and intellectual property.
  (10) Intellectual property--Any intangible asset that consists of human knowledge and ideas (e.g., software).
  (11) Local authority--An entity designated by the TDMHMR commissioner in accordance with the Texas Health and Safety Code, §533.035(a).
  (12) Local service area--A geographic area composed of one or more Texas counties delimiting the population which may receive community services from a local authority.
  (13) Participated--To have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.
  (14) Particular matter--A specific investigation, application, request for a ruling or determination, proceeding related to the development of policy, contract, claim, charge, accusation, arrest, or judicial or other proceeding.
  (15) Performance contract--The contract between TDMHMR and a local authority in which TDMHMR agrees to pay the local authority a specified sum and in which the local authority agrees to provide local match, for, at a minimum, ensuring and/or monitoring the provision of specified mental health and mental retardation services in a local service area.
  (16) Priority population--Those groups of persons with mental illness and mental retardation identified in TDMHMR's current strategic plan as being most in need of mental health and mental retardation services.
  (17) Proposal--Documents prepared by a respondent in response to a request for proposals.
  (18) Respondent--A business entity that submits an oral, written, or electronic response to a solicitation. The term is intended to include "applicant," "offeror," "proposer," and other similar terminology to describe a business entity that responds to a solicitation.
  (19) Response--An oral, written, or electronic "offer," "proposal," "quote," "application," or other applicable expression of interest to a solicitation.
  (20) Services--
    (A) Community services--Mental health and mental retardation services required to be available in each local service area pursuant to the Texas Health and Safety Code, §534.053(a), for which TDMHMR contracts through the performance contract as well as all other services specified in the performance contract.
    (B) Non-community services--All services other than community services.
  (21) Solicitation--A notification of the local authority's intent to purchase community services (e.g., request for proposals and request for applications).
  (22) TDMHMR--The Texas Department of Mental Health and Mental Retardation.

Source Note: The provisions of this §2.53 adopted to be effective April 22, 2001, 26 TexReg 2845; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841