SECTION 160.3. Action by the Chief Operating Officer or Designee

(a) The Chief Operating Officer or designee will review the formal protest. Upon receipt of a protest, the Chief Operating Officer or designee may:

(1) dismiss the protest, if it is not timely or does not meet the requirements of SOAH's bid protest procedures;

(2) solicit written responses to the protest from interested parties or other affected vendors; or

(3) attempt to settle and resolve the protest by mutual agreement.

(b) The Chief Operating Officer or designee may request that the protesting party and other interested parties provide additional information and reasonable access to documents to allow SOAH to evaluate the protest. The failure of a protesting party or another interested party to timely respond to SOAH's written request(s) for information relating to the protest may result in dismissal of the protest and/or disqualification of that party from contract award.

(c) Status of Procurement During Protest at SOAH. If a timely protest that meets the requirements of SOAH's bid protest procedures is filed under this section, the Chief Operating Officer or designee may delay the solicitation or award of the contract during the pendency of the protest unless it is determined that the contract must be awarded without delay to protect the best interests of the state.

(d) Written Determination. If a protest concerning a solicitation is not resolved by mutual agreement, the Chief Operating Officer or designee will issue a written determination that resolves the protest.

(1) If the Chief Operating Officer or designee determines that no violation of applicable rules or statutes has occurred, the Chief Operating Officer or designee shall inform the protesting party and all other interested parties of that determination by letter, which shall set forth the reasons for the determination.

(2) If the Chief Operating Officer or designee determines that a violation of applicable rules or statutes has occurred in a case where a contract has not been awarded, the Chief Operating Officer or designee shall so inform the protesting party and all other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action.

(3) If the Chief Operating Officer or designee determines that a violation of applicable rules or statutes has occurred in a case where a contract has been awarded, the Chief Operating Officer or designee shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, if required, which may include canceling or voiding the contract to the extent allowed by law.

Source Note: The provisions of this §160.3 adopted to be effective April 7, 2019, 44 TexReg 1713