1. (a) This subchapter is adopted pursuant to Texas Government Code, §2260.052 and governs the negotiation and mediation of a claim of breach of contract asserted by a contractor against the Land Office under Texas Government Code, Chapter 2260.

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

   1. (1) claims or contracts to which Texas Government Code, Chapter 2260 does not apply;
   2. (2) an action of the Land Office that entitles a contractor to a specific remedy pursuant to state or federal law;
   3. (3) a contract action proposed or taken by the Land Office for which a contractor receiving Medicaid funds under that contract is entitled by state law or regulation to a hearing conducted in accordance with Texas Government Code, Chapter 2001;
   4. (4) a contract that is solely and entirely funded by federal grant monies other than for a project defined in Texas Government Code, §2166.001;
   5. (5) a contract between the Land Office and the federal government or its agencies, another state, or another nation;
   6. (6) a contract between the Land Office and another unit of state government;
   7. (7) a contract between the Land Office and a local governmental body or a political subdivision of this or another state;
   8. (8) a contract between a contractor and a subcontractor, officer, employee, agent, or other person furnishing goods or services to a contractor;
   9. (9) a contract within the exclusive jurisdiction of: federal courts or regulatory bodies; or state or local regulatory bodies;
   10. (10) a claim of a purported third-party beneficiary to a contract; or
   11. (11) a claim based on a contract obligation that is within the GLO's sole discretion to perform.

Source Note:The provisions of this §3.60 adopted to be effective November 25, 2019, 44 TexReg 7186.