Section 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.34 Tex. Admin. Code § 1.369
The provisions of this §1.369 adopted to be effective November 29, 2001, 26 TexReg 9631