Current through Reg. 49, No. 44; November 1, 2024
Section 20.535 - Filing Requirements(a) To be considered by the comptroller, a protest must be: (1) in writing and contain: (A) the specific rule, statute or regulation the protesting vendor alleges the solicitation, contract award or tentative award violated;(B) a specific description of each action by the division that the protesting vendor alleges is a violation of the statutory or regulatory provision the protesting vendor identified in subparagraph (A) of this paragraph;(C) a precise statement of the relevant facts including:(i) sufficient documentation to establish that the protest has been timely filed;(ii) a description of the adverse impact to the comptroller and the state; and(iii) a description of the resulting adverse impact to the protesting vendor;(D) a statement of the argument and authorities that the protesting vendor offers in support of the protest;(E) an explanation of the subsequent action the vendor is requesting; and(F) a statement confirming that copies of the protest have been mailed or delivered to the using agency;(2) signed by an authorized representative and the signature notarized;(3) filed in the time period specified in this section; and(4) mailed or delivered to: (b) To be considered timely, the protest must be filed:(1) by the end of the posted solicitation period, if the protest concerns the solicitation documents or actions associated with the publication of solicitation documents;(2) by the day of the award of a contract resulting from the solicitation, if the protest concerns the evaluation or method of evaluation for a solicitation;(3) no later than 10 days after the notice of award, if the protest concerns the award; or(4) no later than 10 days after a vendor grade of lower than a C is posted in the system, if the protest involves a grade assigned to a contractor in the vendor performance tracking system.34 Tex. Admin. Code § 20.535
Adopted by Texas Register, Volume 42, Number 03, January 20, 2017, TexReg 242, eff. 1/24/2017; Amended by Texas Register, Volume 47, Number 17, April 29, 2022, TexReg 2562, eff. 5/1/2022