40 Tex. Admin. Code § 7.60 - Protest and Appeal Procedures

(a) Any respondent who is aggrieved in connection with TDMHMR's award or tentative award of a contract may formally protest to the contract director (as defined). Protests must be in writing and received by the contract director no later than 10 working days after such aggrieved respondent knows, or should have known, of the occurrence of the action which is protested. Copies of the protest must be mailed or delivered by the protester to all respondents involved.

(b) If a protest is received within the 10-day time frame as required in subsection (a) of this section and the contract has not been awarded, the contract director will not proceed with the contract award unless a written determination is made that delaying the award would cause substantial harm to TDMHMR.

(c) A protest must be limited to matters relating to the protestant's qualifications, the suitability of the goods or services offered by the protestant, or alleged irregularities in TDMHMR's procurement process.

(d) A protest must be sworn, notarized, and contain:

(1) a specific identification of the 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(s) to be resolved;

(5) a statement of the basis for the protest and any authority that supports the protest; and

(6) a statement that copies of the protest have been mailed or delivered to all respondents involved.

(e) If the protest is resolved by mutual agreement, then the protestor and the contract director shall sign an agreement acknowledging resolution of the protest.

(f) If the protest is not resolved by mutual agreement, then the contract director shall consider all relevant information contained in the protest and issue a written determination on the protest.

(1) If the contract director determines that no violation of rules or statutes has occurred, the director shall so inform the protester and all respondents involved by letter which sets forth the reasons for the determination and of the appeal process requirements.

(2) If the contract director determines that a violation of the rules or statutes has occurred, the director shall so inform the protester and all respondents involved by letter which sets forth the reasons for the determination (including the provisions that were violated) and the corrective action that will be taken. If a contract has been awarded, the corrective action may include voiding the contract.

(g) The contract director's determination on a protest may be appealed by the protester or a respondent to the higher authority (as defined). An appeal of the director's determination must be in writing and received by the higher authority no later than 10 working days after the date of the director's determination. The appeal is limited to review of the director's determination. Copies of the appeal must be mailed or delivered by the appellant to all respondents involved and must contain a statement that such copies have been provided.

(h) The higher authority shall review the director's determination and issue a written determination on the appeal. The higher authority's written determination is final and shall be sent to the appellant, all respondents involved, and the contract director.

(i) A protestor's or appellant's failure to meet the requirements of this section invalidates the protest or appeal.

Notes

40 Tex. Admin. Code § 7.60

The provisions of this §7.60 adopted to be effective July 1, 2001, 26 TexReg 4719; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841