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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 391PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER GNEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST HHSC
DIVISION 1GENERAL
RULE §391.705Definitions

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

  (1) Chief administrative officer--The Executive Commissioner of HHSC, or their designee.

  (2) Claim--A demand for damages by the contractor based upon HHSC's alleged breach of the contract.

  (3) Contract--As defined by Texas Government Code §2260.001(1).

  (4) Contractor--As defined by Texas Government Code §2260.001(2).

  (5) Counterclaim--A demand by HHSC based upon the contractor's claim.

  (6) Day--A calendar day. If an act is required to occur on a Saturday, Sunday, or holiday, then the next working day that is not one of these days is counted as the required day for the purpose of this act.

  (7) Goods--Supplies, materials or equipment.

  (8) HHSC--The Texas Health and Human Services Commission.

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

    (A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and

    (B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.

  (11) Public Information Act--Texas law governing the release of public information by a unit of state government, as codified in Texas Government Code, Chapter 552.

  (12) State Office of Administrative Hearings (SOAH)--A state agency that resolves disputes between Texas agencies, other governmental entities, and private citizens either through an administrative hearing or mediation.


Source Note: The provisions of this §391.705 adopted to be effective May 12, 2021, 46 TexReg 3017

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