SECTION 160.5. Bid Protest Related to Vendor Performance Review

(a) SOAH is required by §2155.089 and §2262.055 of the Texas Government Code to review a vendor's performance under a contract after the contract is completed or otherwise terminated. Vendor performance must be reported to the comptroller using the comptroller's tracking system to rate vendors on an A through F scale, with A being the highest grade.

(b) A vendor who receives a grade lower than a C in the vendor performance tracking system may file a protest regarding the lower grade assigned to the vendor in the system. For protests related to the rating or score for a vendor performance review, SOAH will comply with the applicable statutes, rules, and written policies and guidelines issued by the comptroller.

Source Note: The provisions of this §160.5 adopted to be effective April 7, 2019, 44 TexReg 1713