Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter A - PROCUREMENT › Section 401.103 - Protests of Contract Award

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any bidder or proposer aggrieved by a contract award may protest the agency's
				  action to the director of administration. If the director of administration
				  cannot resolve the protest, the aggrieved party may appeal the director of
				  administration's decision to the executive director. If the executive director
				  cannot resolve the protest, the aggrieved party may appeal the executive
				  director's decision to the Texas Lottery Commission. At any time, the executive
				  director may refer the protest directly to the Texas Lottery Commission for
				  determination. The procedures applicable to an appeal to the commission will
				  then apply.
(b) A protest of any
				  contract award must be filed electronically with the commission's general
				  counsel, by email to legal.input@lottery.state.tx.us, within 72 hours after
				  receipt of notice of contract award. A copy of the protest must be delivered to
				  the successful bidder or proposer at the same time that the protest or
				  supplement is delivered to the agency. The protestant must include its email
				  address with the protest. A protest is considered timely filed if it is
				  electronically filed before the filing deadline. An electronically filed
				  protest is deemed filed when transmitted to the protestant's electronic filing
				  service provider. Unless otherwise requested by the commission, the protestant
				  is not required to file a paper copy of its protest. For good cause shown by
				  the protestant, the commission may allow an alternate form of filing. The
				  electronically filed protest must be in a text-searchable PDF format. The
				  protestant is solely responsible for ensuring its protest is complete and filed
				  timely with the office of the general counsel and a copy is sent to the
				  successful bidder or proposer. A protest not filed timely will not be
				  considered, and the protestant will be so notified in writing by the
				  commission's general counsel by electronic notice sent to the protestant's
				  designated email address. A protestant may supplement its timely filed protest.
				  The deadline to supplement is 5 p.m. central time, 10 calendar days after
				  notice of contract award.
(c) In
				  the event of a protest of a contract award, the successful bidder(s) or
				  proposer(s) may file a written response electronically to the protest within 72
				  hours after the office of the general counsel's receipt of the protest or any
				  supplemental filing. The successful bidder(s) or proposer(s) must include its
				  email address with the response. A response is considered timely filed if it is
				  electronically filed before the filing deadline. An electronically filed
				  response is deemed filed when transmitted to the successful bidder(s) or
				  proposer(s)'s electronic filing service provider. The electronically filed
				  response must be in a text-searchable PDF format. The successful bidder(s) or
				  proposer(s) is solely responsible for ensuring the response is complete and
				  filed timely with the office of the general counsel. Responses not filed timely
				  will not be considered, and the successful bidder(s) or proposer(s) will be so
				  notified in writing by the commission's general counsel by electronic notice
				  sent to the successful bidder(s) or proposer(s)'s designated email
				  address.
(d) To be considered, a
				  protest must contain:
(1) a specific
				  identification of the statutory provision, rule provision, or procurement
				  procedure allegedly violated;
(2) a
				  brief statement of the relevant facts;
(3) an identification of the issue or issues
				  to be resolved;
(4) arguments and
				  authorities in support of the protest;
(5) an affidavit that the contents of the
				  protest are true and correct; and
(6) a certification that a copy of the
				  protest has been served on the successful proposer(s).