SECTION 1.1103. Review of Protest and Determination

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

(b) The chief financial officer has the authority, prior to appeal to the Commissioner, 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 chief financial officer will issue a written determination on the protest.

(1) If the chief financial officer determines that no violation of rules, statutes, or procedures has occurred, the chief financial officer shall inform the protesting party and all other interested parties of that determination by letter, which must set forth the reasons for the determination.

(2) In a case where a contract has not been awarded, if the chief financial officer determines that a violation of the rules, statutes, or procedures has occurred, the chief financial officer shall inform the protesting party and all other interested parties of that determination by letter. The letter must set forth the reasons for the determination and may set forth any appropriate remedial action.

(3) In a case where a contract has been awarded, if the chief financial officer determines that a violation of the rules, statutes, or procedures has occurred, the chief financial officer shall inform the protesting party and other interested parties of that determination by letter. The letter must 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 §1.1103 adopted to be effective November 6, 2001, 26 TexReg 8846