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

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

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) Competitive 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) 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;
   6. (F) 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;
   7. (G) 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;
   8. (H) Multiple award, a contract awarded to two (2) or more offerors for services required to meet the needs of the department;
   9. (I) Noncompetitive negotiation, the noncompetitive procedure where the department establishes contracts with eligible service providers through direct negotiation, and a contract(s) is awarded in accordance with the fiscal and programmatic interests of the department.
   10. (J) Nonresponsive proposal, an offeror whose proposal does not conform to the mandatory or essential requirements of an RFP;
   11. (K) Offeror, a provider or potential provider submitting a proposal in response to an RFP;
   12. (L) 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, 9 CSR 25-2

terms and conditions specified by the department;

1. (M) Responsive offeror, an offeror whose proposal does conform to the mandatory or essential requirements of the RFP; and
2. (N) Solicitation, the process of notifying prospective offerors that the department seeks proposals to purchase certain services for clients in a certain area.

1. (3) Singular terms include the plural and vice versa, unless the context clearly indicates otherwise.

AUTHORITY: sections 34.100 and 630.050, RSMo 2000 and 630.405, RSMo Supp. 2003.* 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. Amended: Filed June 30, 2003, effective Dec. 30, 2003.

*Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, amended 1993, 1995; and 630.405, RSMo 1980, amended 1993, 1995, 2001.