SECTION 11.101. Definitions

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.

Source Note: The provisions of this §11.101 adopted to be effective August 20, 2000, 25 TexReg 7719