Section 101.9 - Vendor Protest Procedures(a) Purpose. The purpose of this section is to establish procedures for resolving vendor protests relating to purchasing issues. Except as otherwise provided in this section, the State Securities Board adopts by reference the rules of the Comptroller of Public Accounts relating to Protests and Appeals, contained in Title 34, Part 1, Chapter 20, Subchapter F, Division 3 of the Texas Administrative Code (the "CPA Protest Rules").(b) Bid Protests by Vendors Related to a Solicitation or Contract Award. A protest vendor may file a protest with the Director of Staff Services.(c) Filing requirements.(1) To be considered, a protest must be submitted in writing, signed by an authorized representative of the protesting vendor, and delivered to the Director of Staff Services in the time period specified §20.535 of the CPA Protest Rules.(2) In addition to the filing requirements of §20.535 of the CPA Protest Rules, the protest must contain a statement that copies of the protest have been delivered to all other identifiable interested parties. The protesting vendor is required to and is responsible for mailing or delivering copies of the protest to all other identifiable interested parties. Upon request, the Director of Staff Services will provide the protesting vendor with a list of interested parties as reflected by the records of the Agency.(d) Appeal. (1) If a protest is based on a solicitation or contract award, the protesting party may appeal the determination of the Director of Staff Services to the Deputy Securities Commissioner.(2) The Deputy Securities Commissioner may refer the matter to the Securities Commissioner for consideration or may issue a written decision that resolves the protest.(3) An appeal that is not filed timely shall not be considered unless good cause for delay is shown or the Deputy Securities Commissioner determines that an appeal raises issues that are significant to the Agency's procurement practices or procedures in general.(4) A written decision issued by the Deputy Securities Commissioner or the Securities Commissioner shall be the final administrative action of the Agency regarding the protest and appeal.(e) Consultation. In performing their duties under this section, the Director of Staff Services, the Deputy Securities Commissioner, and the Securities Commissioner may consult with the Comptroller of Public Accounts, as well as Agency employees, including the General Counsel, concerning the dispute.(f) Standards for Maintaining Documentation. All documentation on the purchasing process that is the subject of a protest or appeal shall be maintained in accordance with the Agency's records retention schedule.7 Tex. Admin. Code § 101.9
Adopted by Texas Register, Volume 47, Number 42, October 21, 2022, TexReg 6981, eff. 10/30/2022