(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.
(b) This subchapter does not apply to contracts:
(1) between the department and the federal government or its
agencies, another state or another nation;
(2) between two or more units of state government;
(3) between the department and a local governmental body, or
a political subdivision of another state;
(4) between a subcontractor and a contractor;
(5) subject to §201.112 of the Transportation Code;
(6) within the exclusive jurisdiction of state or local regulatory
bodies;
(7) within the exclusive jurisdiction of federal courts or
regulatory bodies; or
(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);
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