Texas Administrative Code › Title 1 - ADMINISTRATION › Part 10 - DEPARTMENT OF INFORMATION RESOURCES › Chapter 201 - GENERAL ADMINISTRATION › Section 201.1 - Procedures for Vendor Protests and the Negotiation and Mediation of Certain Contract Disputes and Bid Submission, Opening and Tabulation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Vendor Protest Procedure.
(1) Any actual or prospective bidder,
				offeror, or contractor who is aggrieved in connection with the solicitation,
				evaluation, or award of a contract may formally protest to the position
				identified in the department's Vendor Protest Procedures. Such protests must be
				in writing and received in the appropriate office within 10 working days after
				the protesting party knows, or should have known, of the occurrence of the
				action which is protested. Formal protests must conform to the requirements of
				this subsection and paragraph (3) of this subsection, and shall be resolved in
				accordance with the procedure set forth in paragraphs (4) and (5) of this
				subsection. Copies of the protest must be mailed or delivered by the protesting
				party to the department and all respondents who have submitted bids, proposals
				or offers for the contract involved. Names and addresses of such respondents
				may be obtained by sending a written request for the information to the office
				identified in the department's Vendor Protest Procedures.
(2) In the event of a timely protest under
				paragraph (1) of this subsection, and an award has not been made, the
				department shall not proceed further with the solicitation or award of the
				contract unless the executive director, after consultation with the appropriate
				position as identified in the department's Vendor Protest Procedures makes a
				written determination that the award of contract without delay is necessary to
				protect substantial interests of the state.
(3) A formal protest must be sworn and
				contain:
(A) a specific identification of the
				statutory or regulatory provision(s) that the action complained of is alleged
				to have violated;
(B) a specific
				description of each act alleged to have violated the statutory or regulatory
				provision(s) identified in subparagraph (A) of this paragraph;
(C) a precise statement of the relevant
				facts;
(D) an identification of the
				issue(s) to be resolved;
(E)
				argument and authorities in support of the protest; and
(F) proof that copies of the protest have
				been mailed or delivered to all respondents who have submitted bids, proposals
				or offers for the contract involved. A certification that copies were supplied
				to all interested parties with a list of the addresses the protest was sent to
				will be accepted as proof of delivery of copies.
(4) The position identified in the
				department's Vendor Protest Procedures shall have the authority, prior to
				appeal to the executive director of the department, or his or her designee, to
				settle and resolve the dispute concerning the solicitation or award of a
				contract.
(5) The position
				identified in the department's Vendor Protest Procedures may solicit written
				responses to the protest from respondents who have submitted bids, proposals or
				offers for the contract involved and from other interested parties. Upon
				written request, the protesting party shall be given notice of the request and
				any written responses received.
(6)
				The position identified in the department's Vendor Protest Procedures may
				consult with legal counsel concerning the dispute.
(7) If the protest is not resolved by mutual
				agreement, the position identified in the department's Vendor Protest
				Procedures will issue a written determination on the protest.
(A) If the position identified in the
				department's Vendor Protest Procedures determines no violation of rules or
				statutes occurred, he or she shall so inform the protesting party and each
				respondent who submitted a bid, proposal or offer for the contract involved by
				letter. The letter shall set forth the reasons for the determination.
(B) In instances in which the contract has
				not been awarded, if the position identified in the department's Vendor Protest
				Procedures determines that a violation of the rules or statutes has occurred,
				he or she shall so inform the protesting party and each respondent who
				submitted a bid, proposal or offer for the contract involved by letter. The
				letter shall set forth the reasons for the determination and the appropriate
				remedial action.
(C) In instances
				in which the contract has been awarded, if the position identified in the
				department's Vendor Protest Procedures determines that a violation of the rules
				or statutes has occurred, he or she shall so inform the protesting party and
				each respondent who submitted a bid, proposal or offer for the contract by
				letter. The letter shall set forth the reasons for the determination and may
				conclude that the contract awarded is void.
(8) The determination of the position
				identified in the department's Vendor Protest Procedures on a protest may be
				appealed by the protesting party to the executive director of the department or
				his or her designee. An appeal of the determination of the position identified
				in the department's Vendor Protest Procedures must be written and must be
				received in the executive director's office no later than 10 working days after
				the date of the determination. The appeal shall be limited to review of the
				determination. A copy of the appeal must be mailed or delivered by the
				appealing party to the department and each respondent who submitted a bid,
				proposal or offer for the contract and must contain a certified statement that
				such copies have been provided. Failure of the protesting party to appeal the
				determination of the position identified in the department's Vendor Protest
				Procedures within 10 working days after the date of the determination renders
				the determination the final administrative action of the department on the
				protest.
(9) The executive
				director, or his or her designee, may confer with legal counsel in reviewing
				the matter appealed.
(10) The
				executive director, or his or her designee, shall review the protest petition,
				any requests for and written responses to the protest petition from any
				respondent who submitted a bid, proposal or offer for the contract or other
				interested parties, the determination and the appeal.
(11) The executive director, or his or her
				designee, may refer the matter to the board for consideration at a regularly
				scheduled open meeting or issue a written decision on the protest. If the
				matter is not referred to the board by the executive director, or his or her
				designee, the decision of the executive director, or his or her designee, is
				final.
(12) When a protest appealed
				under paragraph (8) of this subsection has been referred to the board under
				paragraph (11) of this subsection:
(A) Copies
				of the documents required by paragraph (10) of this subsection shall be mailed
				to the board.
(B) All interested
				parties who wish to make an oral presentation at the open meeting at which the
				board is scheduled to consider the protest shall notify the department general
				counsel at least 48 hours in advance of the open meeting.
(C) The board may consider oral presentations
				and written documents presented by staff and interested parties, including the
				protesting party and any respondent who submitted a bid, proposal or offer for
				the contract. The board chair shall set the order and length of time allowed
				for presentations.
(D) Board
				determination of the appeal shall be by duly adopted resolution reflected in
				the minutes of the open meeting, and shall be final.
(E) Unless good cause for delay is shown or
				the board determines that a protest or appeal raises issues significant to
				procurement practices or procedures, a protest or appeal that is not filed
				timely will not be considered.
(13) A decision issued by the board in open
				meeting, or in writing by the executive director, or his or her designee, or in
				writing by the position identified in the department's Vendor Protest
				Procedures, that is not appealed in a timely manner, shall be the final
				administrative action of the department.
(14) The department shall maintain all
				documentation on the purchasing process that is the subject of a protest or
				appeal in accordance with the retention schedule of the department.