34 Tex. Admin. Code § 20.535

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:
(A) the comptroller; and
(B) the using agency.
(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