Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 31. NATURAL RESOURCES AND CONSERVATION |
PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT |
CHAPTER 51. EXECUTIVE |
SUBCHAPTER J. CONTRACT DISPUTE RESOLUTION |
SECTION 51.201. Definitions
Latest version.
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The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
(1) Chief administrative officer--The executive director, or other executive officer responsible for the day to day operations of the department. (2) Claim--A demand for damages by the contractor based upon the department's alleged breach of the contract. (3) Contract--A written contract between the department and a contractor by the terms of which the contractor agrees either: (A) to provide goods or services, by sale or lease, to or for the department; or (B) to perform a Project. (4) Contractor--Independent contractor who has entered into a contract directly with the department. 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 the department; or (C) A student at an institution of higher education. (5) Counterclaim--A demand by the department based upon the contractor's claim. (6) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days should be counted as the required day for purpose of this act. (7) Department--Texas Parks and Wildlife Department. (8) Event--An act or omission or a series of acts or omissions giving rise to a claim. (9) Goods--Supplies, materials or equipment. (10) Parties--The contractor and the department when they have entered into a contract in connection with which a claim of breach of contract has been filed under this chapter. (11) Project--A building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of: (A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and (B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility. (12) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the department. Source Note: The provisions of this §51.201 adopted to be effective January 30, 2001, 26 TexReg 979; amended to be effective January 2, 2013, 37 TexReg 10221