16 Tex. Admin. Code § 20.39 - Timetable
(a) Following receipt of a contractor's
notice of claim, the Director or, if designated in the contract, another
officer or employee of the Commission, shall review the contractor's claim and
the Commission's counterclaim, if any, and initiate negotiations with the
contractor to attempt to resolve the claim and counterclaim.
(b) Except as noted in subsection (c) of this
section, the parties shall begin negotiations within a reasonable period of
time, not to exceed 60 days following the later of:
(1) the date of termination of the
contract;
(2) the completion date
in the contract; or
(3) the date
the Commission receives the contractor's notice of claim.
(c) The Commission may delay negotiations
until after the 180th day after the date of the event giving rise to the claim
of breach of contract by:
(1) delivering
written notice to the contractor that the commencement of negotiations will be
delayed; and
(2) delivering written
notice to the contractor when the Commission is ready to begin
negotiations.
(d) The
parties may conduct negotiations according to an agreed schedule as long as
they begin negotiations no later than the deadlines set forth in subsection (b)
or (c) of this section, whichever is applicable.
(e) Except as noted in subsection (f) of this
section, the parties shall complete the negotiations that are required by the
rules in this division as a prerequisite to a contractor's request for a
contested case hearing no later than 270 days after the Commission receives the
contractor's notice of claim.
(f)
The parties may agree in writing to extend the time for negotiations on or
before the 270th day after the Commission receives the contractor's notice of
claim. The agreement shall provide for the extension of the statutory
negotiation period until a date certain. The Director, or his designee, shall
sign the agreement on behalf of the Commission. The contractor, or a
representative of the contractor with authority to bind the contractor, shall
also sign the agreement. The parties may enter into a series of written
extension agreements that comply with the requirements of this
section.
(g) The contractor may
request a contested case hearing before SOAH pursuant to §20.49 of this
division (relating to Request for Contested Case Hearing) after the 270th day
after the Commission receives the contractor's notice of claim, and the
expiration of any extensions agreed to under subsection (f) of this
section.
(h) The parties may agree
to mediate the dispute at any time before the 270th day after the Commission
receives the contractor's notice of claim or before the expiration of any
extensions agreed to by the parties pursuant to subsection (f) of this
section.
(i) Nothing in this
section is intended to prevent the parties from agreeing to commence
negotiations earlier than the deadlines established in subsections (b) and (c)
of this section, or from continuing or resuming negotiations after the
contractor requests a contested case hearing before SOAH.
Notes
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