(a) This subchapter does not apply to an action of the department for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.     
      (b) This subchapter does not apply to contracts:      
        (1) between the department and the federal government or its agencies, another state or another nation;       
        (2) between two or more units of state government;       
        (3) between the department and a local governmental body, or a political subdivision of another state;       
        (4) between a subcontractor and a contractor;       
        (5) subject to §201.112 of the Transportation Code;       
        (6) within the exclusive jurisdiction of state or local regulatory bodies;       
        (7) within the exclusive jurisdiction of federal courts or regulatory bodies; or       
        (8) that are solely and entirely funded by federal grant monies other than for a project defined in §1.1803 of this title (relating to Definitions);       
     Source Note:        The provisions of this §1.1802 adopted to be effective November 27, 2000, 25 TexReg 11658