Current through Reg. 50, No. 13; March 28, 2025
(a) The
purpose of this section is to provide an internal protest procedure to be used
by any actual or prospective bidder, offeror, proposer, or contractor who is
aggrieved in connection with the solicitation, evaluation, or award of a
contract by the commission from a delegated procurement. The following
procedures are available for persons or firms not awarded the contract pursuant
to authority delegated to the Commission by the Comptroller of Public Accounts
or by Texas Government Code, Chapters 2155 - 2158. These procedures are
consistent with the rules of the Comptroller of Public Accounts insofar as such
rules are applicable to an internal agency review.
(b) Any actual bidder or offeror who is
aggrieved in connection with the award of a contract may formally protest the
award of the contract by submitting a protest to the executive director in
accordance with the procedures in this section.
(1) Any bid protest must be in writing and
received in the care of the executive director within five working days after
the bidder is notified that the award of a contract is forthcoming or otherwise
knows, or should have known, of the occurrence of the action which is
protested.
(2) Formal protests must
conform to the requirements of and shall be resolved in accordance with the
procedures set forth in this section.
(3) In the event of a timely protest, the
commission shall consider the protest and reply in writing before proceeding
with the solicitation or with the award of the contract unless the executive
director makes a determination that the award of contract without delay is
necessary to protect substantial interests of the state.
(4) If the executive director determines that
a violation of the rules or statutes has occurred in a case where a contract
has been awarded, the executive director shall inform the protesting party and
other interested parties of that determination by letter. The letter shall set
forth the reasons for the determination and may set forth any appropriate
remedial action, which may include canceling or voiding the contract to the
extent allowed by law.
(5) A bid or
a bid protest that is not submitted in a timely manner is not eligible for
consideration under this section.
(c) A formal protest shall be addressed to
the executive director and must be sworn and contain the following:
(1) a specific identification of a statutory
or regulatory provision(s) that the action complained of is alleged to have
violated;
(2) a specific
description of each act alleged to have violated the statutory or regulatory
provision(s) identified in paragraph (1) of this subsection;
(3) a precise statement of the relevant
facts;
(4) an identification of the
issue or issues to be resolved;
(5)
argument and authorities in support of the protest; and
(6) a statement that copies of the protest
have been mailed or delivered to all other identifiable interested parties.
Upon request, the commission will furnish to the requestor a list of interested
parties, as reflected in the records of the commission.
(d) The executive director may request
additional information from the party submitting the protest, any other
interested party, or commission staff.
(e) If the protest is not resolved by mutual
agreement, the executive director will issue a written determination of the
protest.
(1) If the executive director
determines that no violation of rules or statutes has occurred, he shall so
inform the protesting party by letter which sets forth the reasons for the
determination.
(2) If the executive
director determines that a violation of the rules or statutes has occurred, he
shall so inform the protesting party by letter which sets forth the reasons for
the determination and the appropriate remedial action.
(f) A decision by the executive director
shall be the final administrative action.
(g) The commission will maintain all
documentation about the purchasing process to be used in the event of a protest
or appeal in accordance with the commission's record retention
schedule.
