SECTION 69.3. Review of Protest Determination by the Procurement and Contract Operations Division Director

(a) Upon receipt of a timely protest that conforms with this subchapter, the Director will review the protest. The Director may request written responses to the protest from any staff of the Attorney General and may request from Attorney General staff any and all documents related to the protest. The Director may solicit written responses to the protest from other interested parties.

(b) The Director has the authority, prior to appeal to the First Assistant, to settle and resolve the dispute concerning the solicitation or award of the contract.

(c) If the protest is not resolved by mutual agreement, the Director will issue a written determination on the protest.

(1) If the Director determines that no violation of rules or statutes has occurred, the Director 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 Director determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the Director 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 Director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the Director 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, which may include canceling or voiding the contract to the extent allowed by law.

Source Note: The provisions of this §69.3 adopted to be effective February 25, 1999, 24 TexReg 1153; amended to be effective December 9, 2012, 37 TexReg 9617; amended to be effective December 5, 2019, 44 TexReg 7375