The following words and terms, when used in this chapter, shall have
the following meaning, unless the context clearly indicates otherwise:
(1) Claim - A demand for damages by the contractor based upon
the agency's alleged breach of the contract.
(2) Contract - A written contract between the agency and
a contractor (including contract documents, work orders, purchase order change
notices, and other documents amending, modifying, or supplementing the contract)
by the terms of which the contractor agrees either:
(A) to provide goods or services, by sale or lease, to or for
the agency; or
(B) to perform a project as defined by Texas Government Code, §2166.001.
(3) Contractor - Independent contractor who has entered
into a contract directly with a unit of state government. The term does not
include:
(A) the contractor's subcontractor, officer, employee, agent,
or other person furnishing goods or services to a contractor;
(B) an employee of a unit of state government; or
(C) a student at an institution of higher education.
(4) Counterclaim - A demand by the agency relating
to the contractor's claim.
(5) Deputy director of OLS - the deputy director for the
Office of Legal Services (OLS) or the director of a similar successor unit
within the agency serving as legal counsel for the executive director and
includes individuals designated to act for the deputy director of OLS or a
similar unit.
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