The following words and terms have the following meanings when used in this subchapter, unless the context clearly indicates otherwise:

1. (1) Chief administrative officer--The executive commissioner of HHSC, or his designee.
2. (2) Claim--A demand for damages by the contractor based upon HHCS's alleged breach of the contract.
3. (3) Contract--As defined by §2260.001(1), Texas Government Code.
4. (4) Contractor--As defined by §2260.001(2), Texas Government Code.
5. (5) Counterclaim--A demand by HHSC based upon the contractor's claim.
6. (6) Day--A calendar day. If an action is required to occur on a day falling on a Saturday, Sunday, or holiday, the first business day should be counted as the required day for purpose of this act.
7. (7) Event--An act or omission or a series of acts or omissions giving rise to a claim.
8. (8) Goods--Supplies, materials or equipment.
9. (9) Parties--HHSC and the contractor that have entered into a contract in connection with which a claim of breach of contract has been filed under this subchapter.

10. (10) Project--As defined in §2166.001, Texas Government Code, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:

    1. (A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and
    2. (B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.
11. (11) Public Information Act--Texas law governing the release of public information by a unit of state government, as codified in Chapter 552, Texas Government Code.
12. (12) SOAH--State Office of Administrative Hearings.
13. (13) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of a unit of state government.

Source Note:The provisions of this §391.605 adopted to be effective June 17, 2015, 40 TexReg 3632.