(a) A contractor who asserts a claim of breach of contract under Government Code, Chapter 2260, must file a notice of the claim as provided under this section.
(b) The notice of claim shall:
  (1) be written and signed by the contractor or the contractor's authorized representative;
  (2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the agency officer who is designated in the contract to receive a notice of claim of breach of contract under Government Code, Chapter 2260; if no person is designated in the contract, then the notice shall be delivered to the comptroller; and
  (3) state in detail:
    (A) the nature of the alleged breach of contract, including the date of the event that the contractor cites as the basis of the claim and each contractual provision that the contractor alleges has been breached;
    (B) a description of damages that resulted from the alleged breach, including the amount and method that the contractor has used to calculate those damages; and
    (C) the legal theory for recovery, including the causal relationship between the alleged breach and the damages that the contractor claims.
(c) In addition to the mandatory contents of the notice of claim that are required under subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the agency's evaluation of the contractor's claim.
(d) The notice of claim shall be delivered not later than 180 days after the date of the event that the contractor cites as the basis of the claim.

Source Note: The provisions of this §1.365 adopted to be effective November 29, 2001, 26 TexReg 9631