The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
  (1) Best value--The optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-making and that achieves health and human services procurement objectives as described in Texas Government Code, §2155.144.
  (2) Business entity--A sole proprietorship, including an individual, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
  (3) Central Office--DSHS's administrative offices in Austin.
  (4) Consultant contract--A contract to retain the services consistent with Texas Government Code, Chapter 2254, Subchapter B, to exclude:
    (A) practitioners of professional services (as defined in this section);
    (B) private legal counsel;
    (C) investment counselors;
    (D) actuaries; or
    (E) medical or dental services providers.
  (5) Consumer--A person with mental illness or mental retardation receiving services funded by DSHS.
  (6) Consumer services contract--A contract for the provision of services delivered to a consumer or consumers.
  (7) Contract--A written agreement, including a purchase order, between a facility or Central Office and a business entity that obligates the entity to provide goods or services in exchange for money or other valuable consideration.
  (8) Contract director--The DSHS employee who is responsible for contracts management.
  (9) Contract management--Developing specifications or scope of work or contractor qualifications, evaluating responses, and procuring, negotiating, drafting, awarding, executing, monitoring, and enforcing a contract.
  (10) Contractor--A business entity that provides goods or services in exchange for money or other valuable consideration pursuant to a contract.
  (11) Facility--Any state hospital, state school, or state center operated by the Texas Department of State Health Services.
  (12) Higher authority--The DSHS employee to whom the contract director reports, as follows:
    (A) at a facility--the superintendent, director, or executive director.
    (B) at Central Office--
      (i) the deputy commissioner for finance and administration; or
      (ii) the director of the Support Services division.
  (13) Local authority--An entity designated by the DSHS commissioner in accordance with the Texas Health and Safety Code, §533.035(a).
  (14) Performance contract--A written agreement between DSHS and a local authority for the provision of one or more functions as described in the Texas Health and Safety Code, §533.035(a).
  (15) Professional services--Services as described in Texas Government Code, §2254.002.
  (16) DSHS--The Texas Department of State Health Services.
  (17) DSHS Contracts Manual--A publication of DSHS's internal policies and procedures relating to contracting.

Source Note: The provisions of this §392.403 adopted to be effective June 17, 2015, 40 TexReg 3638