PURPOSE: This rule defines the terms used in this chapter.

Editor's Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The terms defined in section 630.005, RSMo are incorporated by reference for use in this chapter as though set out in this rule unless those terms have been redefined under section (2) as for purposes of this rule.

2. (2) Unless the context clearly requires otherwise, the following terms used in this chapter shall mean:

   1. (A) Affiliated community service provider, an entity so designated by the Department of Mental Health—1) to provide, directly or by purchase from community providers, for clients of the Division of Mental Retardation and Developmental Disabilities a comprehensive array of services or for a comprehensive array of services for clients of the Division of Comprehensive Psychiatric Services under Chapter 632, RSMo or 2) to provide community support program services to clients referred by a Department of Mental Health facility. Affiliated community service providers are independent contractors providing an array of services for clients of the Divisions of Comprehensive Psychiatric Services or Mental Retardation and Developmental Disabilities;
   2. (B) Award, the presentation by the department of a contractual agreement to an offeror selected after responding to a request for a proposal (RFP) as set out in this chapter;
   3. (C) Community support program, an array of supportive services provided to assist clients of the department living in generic housing or an array of specialized services provided to enable a client of the department to live in community residential programs;
   4. (D) Comparative evaluation, the process set out in this chapter where the department evaluates completed proposals from responsive offerors to determine the best proposal(s) for the Department of Mental Health. Multiple contracts may be awarded in the best interest of the department;
   5. (E) Comparative negotiation, the process set out in this chapter, where the department evaluates a completed proposal from a responsive offeror with other proposals or existing arrangements in an area to determine the most desirable aspects of proposals submitted. The department then informs the responsive offerors of the desirable aspects and uses them as the basis for negotiating an award to one (1) or more offerors;
   6. (F) Comprehensive array of services, for the Division of Comprehensive Psychiatric Services, it is the capacity of an agency to provide services, including mental health evaluation and assessment services, individual and group therapies, day treatment, medical services, administrative coordination, case management, information and education services and general access to or provision of inpatient care on both a scheduled and twenty-four (24)-hour-a-day basis; for the Division of Mental Retardation and Developmental Disabilities, it is the capacity of an agency to provide services including, but not limited to, assessment services, counseling, respite care, recreation, habilitation, training, vocational rehabilitation, residential care, homemaker services, developmental day care, sheltered workshops, referral to appropriate services, placement and transportation;
   7. (G) Contractual agreement, the document executed by a department official and the offeror selected as set out in this chapter to provide certain services to certain clients in a certain geographic area;
   8. (H) Department, the Department of Mental Health and its Divisions of Comprehensive Psychiatric Services, Mental Retardation and Developmental Disabilities, Alcohol and Drug Abuse and the department’s designated staff;
   9. (I) Early intervention services, developmental services provided by qualified personnel to meet infant’s or toddler’s developmental needs in one (1) or more of the following areas: physical development, including vision and hearing; cognitive development; social or emotional development; social or emotional development or adaptive development. Early intervention services must be provided in conformity with an individualized family service plan (P.L. 102— 119, Part H);
   10. (J) Evaluation of proposal, the examination of proposals after the proposal closing time and date to determine whether an offeror is responsible and responsive to the criteria stated in the RFP; 9 CSR 25-2
   11. (K) First Steps, an interagency program which provides coordinated, early intervention services and assistance for eligible children, birth to age three (0—3), who have delayed development or who have diagnosed conditions that are associated with development disabilities and their families. First Steps is the Missouri program in response to Part H of the Individuals With Disabilities Education Act Amendments of 1991 (P.L. 102—119);
   12. (L) Fiscal year, July 1 of one (1) year to June 30 of the following year for the department;
   13. (M) General provisions, standard clauses of a contractual agreement;
   14. (N) Multiple award, contractual agreements awarded to more than one (1) offeror for comparable services at various prices if the award to a single provider would be impracticable to serve clients in a particular area;
   15. (O) Noncompetitive negotiation, the process set out in this chapter where the Divisions of Comprehensive Psychiatric Services and Mental Retardation and Developmental Disabilities negotiate with eligible service providers. A contract(s) is awarded in accordance with the fiscal and programmatic interests of the department;
   16. (P) Nonresponsive proposal, an offeror’s proposal which does not conform to the mandatory or essential requirements of an RFP;
   17. (Q) Offeror, a provider or potential provider submitting a proposal in response to an RFP;
   18. (R) Preproposal conference, a meeting called by the department and held with prospective offerors after issuance of an RFP for explanation and clarification purposes;
   19. (S) RFP, a request for a proposal developed by the department for solicitation of prospective offerors to provide certain services to clients according to certain criteria, terms and conditions specified by the department;
   20. (T) Responsive offeror, an offeror whose proposal complies with the criteria, specifications and terms set out in an RFP;
   21. (U) Service, any type of evaluation, transportation, prevention, care, treatment, habilitation or rehabilitation work for clients specified and purchased by the department from a provider as set out in this chapter;
   22. (V) Solicitation, the process of notifying prospective offerors that the department seeks proposals to purchase certain services for clients in a certain area;
   23. (W) Successful offeror, an offeror who receives an award after an evaluation of proposal;
   24. (X) Unit price, the price of providing any service for a specific unit of measurement (for example, one (1) hour, one (1) mile);
   25. (Y) Unsuccessful offeror, an offeror not selected by the department to receive an award for specified reasons; and
   26. (Z) Weighted average unit price, the weighted price of designated categories of units of services proposed to be provided by an offeror in response to an RFP.
3. (3) Singular terms include the plural and vice versa, unless the context clearly indicates otherwise.

AUTHORITY: sections 34.100, 630.050 and 630.405, RSMo 1986.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed May 15, 1990, effective May 25, 1990, expired Sept. 21, 1990. Amended: Filed Aug. 1, 1990, effective Dec. 31, 1990. Emergency amendment filed July 7, 1992, effective July 17, 1992, expired Nov. 13, 1992. Amended: Filed July 7, 1992, effective Feb. 26, 1993. *Original authority: 34.100, RSMo 1945, amended 1983; 630.050, RSMo 1980; and 630.405, RSMo 1980.