Current through Reg. 49, No. 38; September 20, 2024
(a) Upon receipt of a protest, the Deputy
Executive Commissioner of Procurement and Contracting Services may:
(1) dismiss the protest if:
(A) it is not timely; or
(B) it does not meet the requirements of
§ 391.305 of this subchapter (relating to Filing of a Protest);
(2) solicit written responses to
the protest from other interested parties; or
(3) attempt to resolve the protest by mutual
agreement.
(b) The
Deputy Executive Commissioner of Procurement and Contracting Services may
confer with the HHSC Chief Counsel at any time during the review of the
protest.
(c) If the protest is not
dismissed or resolved by mutual agreement, the Deputy Executive Commissioner of
Procurement and Contracting Services will issue a written determination on the
protest.
(1) If the Deputy Executive
Commissioner of Procurement and Contracting Services determines that no
violation of the specific statutory or regulatory provision cited by the
protestant has occurred, they shall so inform the protestant and other
interested parties by letter that sets forth the reasons for the
determination.
(2) If the Deputy
Executive Commissioner of Procurement and Contracting Services determines that
HHS violated the specific statutory or regulatory provision cited by the
protestant in a case where HHS has not awarded a contract, they shall so inform
the protestant and other interested parties by letter that sets forth the
reasons for the determination and any appropriate remedial action.
(3) If the Deputy Executive Commissioner of
Procurement and Contracting Services determines that HHS violated the specific
statutory or regulatory provision cited by the protestant in a case where HHS
awarded a contract, they shall so inform the protestant and other interested
parties by letter that sets forth the reasons for the determination, which may
include ordering the contract void.
(4) The Deputy Executive Commissioner of
Procurement and Contracting Services' written determination is the final
administrative action by HHSC on a protest filed under this subchapter unless
the protestant files an appeal of the determination under subsection (d) of
this section.
(d) The
protestant may appeal the Deputy Executive Commissioner of Procurement and
Contracting Services' determination on a protest to the HHSC Executive
Commissioner. The appeal must be in writing and submitted by electronic mail to
HHSCExecutiveCommissioner@hhs.texas.gov no later than 10 business days after
the date of the Deputy Executive Commissioner of Procurement and Contracting
Services' determination. The appeal shall be limited to review of the Deputy
Executive Commissioner of Procurement and Contracting Services' determination.
The protestant must mail or deliver copies of the appeal to other interested
parties, and each copy must contain a certified statement that such copies have
been provided.
(1) A protest or appeal that is
not timely filed shall not be considered unless good cause for delay is shown
or the HHSC Executive Commissioner determines that an appeal raises issues that
are significant to HHSC's procurement practices or procedures in
general.
(2) The HHSC Executive
Commissioner may confer with the HHSC Chief Counsel at any time during the
review of the appeal.
(3) The HHSC
Executive Commissioner will review the appeal of the Deputy Executive
Commissioner of Procurement and Contracting Services' determination and render
a final decision on the protest issues.
(4) A decision issued in writing by the HHSC
Executive Commissioner shall be the final administrative action of HHSC on a
protest determination that is appealed under this subchapter.
