40 Tex. Admin. Code § 456.8 - Negotiation Timetable
(a) Following
receipt of a contractor's notice of claim, the agency's Director of Resource
Management or designee, shall review the contractor's claim and the agency's
counterclaim, if any, and initiate negotiations with the contractor to attempt
to resolve the claim and counterclaim.
(b) Subject to subsection (c) of this
section, the parties shall begin negotiations within a reasonable period of
time, not to exceed 60 calendar days following the later of:
(1) the date of termination of the
contract;
(2) the completion date
in the original contract; or
(3)
the date the agency receives the contractor's notice of claim.
(c) The agency may delay
negotiations until after the 180th day from the date of the event giving rise
to the claim of breach of contract by delivering written notice to the
contractor that the commencement of negotiations will be delayed and notice of
when the agency will be ready to begin negotiations.
(d) The parties may conduct negotiations
according to an agreed schedule as long as they complete the negotiations no
later than 270 days after the agency receives the contractor's notice of
claim.
(e) The parties may agree in
writing on or before the 270th day after the agency receives the contractor's
notice of claim to extend the time for negotiations. The agreement shall be
signed by representatives of the parties with 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.
(f) The contractor may request a contested
case hearing before the State Office of Administrative Hearings on or before
the 270th day after the agency receives the contractor's notice of claim, or
the expiration of any extension agreed to by the parties.
(g) The parties may agree to mediate the
dispute at any time before the 270th day after the agency receives the
contractor's notice of claim or before the expiration of any extension agreed
to by the parties pursuant to subsection (e) of this section.
Notes
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