SECTION 160.2. Filing the Bid Protest

(a) The protest must be submitted in writing and must be mailed or hand-delivered to the office of SOAH's Chief Operating Officer or designee and received:

(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) on or before the proposed date of award of a contract as posted for the solicitation, if the protest concerns the evaluation or method of evaluation for a solicitation; or

(3) no later than 10 calendar days after the notice of award, if the protest concerns the award.

(b) The protest must contain the following:

(1) a specific identification of the rule, statute, or regulation that the protesting vendor alleges the solicitation, contract award or tentative award violated;

(2) a specific description of each action that the protesting vendor alleges is a violation of the statutory or regulatory provision(s) identified in the protest;

(3) a precise statement of the relevant facts;

(4) a statement of the argument and authorities in support of the protest;

(5) an explanation of the requested subsequent action sought by the protesting vendor; and

(6) a statement confirming copies of the protest have been mailed or delivered by the protesting party to any other identifiable interested parties. Upon request, SOAH will provide the vendor with a list of interested parties as reflected by the records of the agency.

Source Note: The provisions of this §160.2 adopted to be effective April 7, 2019, 44 TexReg 1713