| (a) This chapter does not apply to an action of the
agency for which a contractor is entitled to a specific remedy pursuant
to state or federal constitution or statute.
(b) This chapter does not apply to contracts:
(1) between the agency and the federal government or
its agencies, another state, or another nation;
(2) between the agency and another unit of state government;
(3) between the agency and a local governmental body,
or a political subdivision of another state;
(4) between a subcontractor and a contractor;
(5) subject to the Transportation Code, §201.112;
(6) within the exclusive jurisdiction of state or local
regulatory bodies;
(7) within the exclusive jurisdiction of federal courts
or regulatory bodies;
(8) for grants of funds from the agency to grantees
or subgrantees; or
(9) for engineering, architectural, or construction
services or for materials related to engineering, architectural, or
construction services brought by a party to the written contract,
in which the amount in controversy is not less than $250,000.
(c) This subchapter applies to claims for breach of
contract against the agency asserted by a contractor under Texas Government
Code, Chapter 2260 and to counterclaims of the agency. No employee
or agent of the commission is authorized to waive the requirements
of this subchapter nor the sovereign immunity of the agency, whether
by means of acceptance of goods and services or otherwise.
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