34 Tex. Admin. Code § 1.369 - Timetable
(a) Following the agency's receipt of a
contractor's notice of claim, the comptroller or a designated representative
shall review the contractor's claim and the agency's counterclaim, if any, and
begin negotiations with the contractor in attempt to resolve the claim and any
counterclaim.
(b) Except as
subsection (c) of this section provides, the parties shall begin negotiations
within a reasonable period of time, not later than 60 days following the later
of:
(1) the date of termination of the
contract;
(2) the completion date,
or substantial completion date in the case of construction projects, in the
original contract; or
(3) the date
on which the agency receives the contractor's notice of claim.
(c) The agency may delay
negotiations until after the 180th day following the date of the event that
gives rise to the contractor's claim, by delivery of written notice to the
contractor that states that the commencement of negotiations will be delayed
and when the agency will be 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 that are described in subsections (b) or (c) of this
section, whichever applies.
(e)
Subject to subsection (f) of this section, the parties shall complete the
negotiations that are described in this subchapter as a prerequisite to a
contractor's request for a contested case hearing and no later than 270 days
after the agency receives the contractor's notice of claim.
(f) On or before the 270th day after the
agency receives the contractor's notice of claim, the parties may agree in
writing to extend the time for negotiations. The agreement shall be signed by
representatives of the parties who have authority to bind each respective
party, and shall provide for the extension of the statutory negotiation period
until a date certain. The parties may enter into a series of written extension
agreements that comply with the requirements of this section.
(g) After the 270th day following the
agency's receipt of the contractor's notice of claim or upon the expiration of
any extension to which the parties agree under subsection (f) of this section,
the contractor may request a contested case hearing before the State Office of
Administrative Hearings (SOAH) pursuant to §
1.374 of this title (relating to
Request for Contested Case Hearing).
(h) The parties may agree to mediate the
dispute at any time before the 270th day following the agency's receipt of the
contractor's notice of claim or before the expiration of any extension to which
the parties agree pursuant to subsection (f) of this section. The mediation
shall be governed by §§
1.375-1.384 of this title (relating to
Negotiation and Mediation of Contract Disputes).
(i) Nothing in this section is intended to
prevent the parties from their agreement to commence negotiations earlier than
the deadlines that are described in subsections (b) and (c) of this section, or
from their continuation or resumption of negotiations after the contractor
requests a contested case hearing before SOAH.
Notes
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