SECTION 391.305. Filing of a Protest

(a) To be considered timely, the protest must be filed:

(1) no later than the date that responses to a solicitation are due, if the protest concerns the solicitation; or

(2) no later than 10 business days after the notice of intent to award or, in the event of no notice of intent to award, after the notice of award, if the protest concerns the evaluation or award.

(b) A protestant must file a protest with the Deputy Executive Commissioner of Procurement and Contracting Services, Texas Health and Human Services Commission, by electronic mail submission to [e-mail].

(c) A protest must contain:

(1) a specific identification of the statutory or regulatory provision that the protestant alleges has been violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision identified in the protest;

(3) a precise statement of the relevant facts, including sufficient documentation that the protest has been timely filed and a description of the resulting adverse impact to the protestant;

(4) a statement of any issues of law or fact that the protestant contends must be resolved; and

(5) a statement of the argument and authorities that the protestant offers in support of the protest.

Source Note: The provisions of this §391.305 adopted to be effective May 12, 2021, 46 TexReg 3017