1. (a) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.

2. (b) This subchapter does not apply to contracts:

   1. (1) between the department and the federal government or its agencies, another state or another nation;
   2. (2) between two or more units of state government;
   3. (3) between the department and a local governmental body, or a political subdivision of another state;
   4. (4) between a subcontractor and a contractor;
   5. (5) subject to §201.112 of the Transportation Code;
   6. (6) within the exclusive jurisdiction of state or local regulatory bodies;
   7. (7) within the exclusive jurisdiction of federal courts or regulatory bodies; or
   8. (8) that are solely and entirely funded by federal grant monies other than for a project defined in §1.1803 of this title (relating to Definitions);

Source Note:The provisions of this §1.1802 adopted to be effective November 27, 2000, 25 TexReg 11658.