| (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.
(b) This subchapter does not apply to:
(1) claims or contracts to which Texas Government Code,
Chapter 2260 does not apply;
(2) an action of the Land Office that entitles a contractor
to a specific remedy pursuant to state or federal law;
(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) 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) a contract between the Land Office and the federal
government or its agencies, another state, or another nation;
(6) a contract between the Land Office and another
unit of state government;
(7) a contract between the Land Office and a local
governmental body or a political subdivision of this or another state;
(8) a contract between a contractor and a subcontractor,
officer, employee, agent, or other person furnishing goods or services
to a contractor;
(9) a contract within the exclusive jurisdiction of:
federal courts or regulatory bodies; or state or local regulatory
bodies;
(10) a claim of a purported third-party beneficiary
to a contract; or
(11) a claim based on a contract obligation that is
within the GLO's sole discretion to perform.
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