(a) This subchapter does not apply to an action of the agency 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 a contract action proposed or taken by the agency for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with the Government Code, Chapter 2001.
(c) This subchapter does not apply to contracts:
  (1) between the agency and the federal government or its agencies, another state or another nation;
  (2) between the agency and one or more agencies of state government;
  (3) between the agency and a local governmental body, or a political subdivision of another state;
  (4) between a subcontractor and a contractor;
  (5) that are subject to Transportation Code, §201.112;
  (6) that are within the exclusive jurisdiction of state or local regulatory bodies;
  (7) that are within the exclusive jurisdiction of federal courts or regulatory bodies; or
  (8) that are solely and entirely funded by federal grant monies, other than contracts for a project that is defined in §1.362(10) of this title (relating to Definitions).

Source Note: The provisions of this §1.361 adopted to be effective November 29, 2001, 26 TexReg 9631