SECTION 20.535. Filing Requirements

(a) To be considered by the comptroller, a protest must be:

(1) in writing and contain:

(A) the specific rule, statute or regulation the protesting vendor alleges the solicitation, contract award or tentative award violated;

(B) a specific description of each action by the division that the protesting vendor alleges is a violation of the statutory or regulatory provision the protesting vendor identified in subparagraph (A) of this paragraph;

(C) a precise statement of the relevant facts including:

(i) sufficient documentation to establish that the protest has been timely filed;

(ii) a description of the adverse impact to the comptroller and the state; and

(iii) a description of the resulting adverse impact to the protesting vendor;

(D) a statement of the argument and authorities that the protesting vendor offers in support of the protest;

(E) an explanation of the subsequent action the vendor is requesting; and

(F) a statement confirming that copies of the protest have been mailed or delivered to the using agency;

(2) signed by an authorized representative and the signature notarized;

(3) filed in the time period specified in this section; and

(4) mailed or delivered to:

(A) the comptroller; and

(B) the using agency.

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

(1) by the end of the posted solicitation period, if the protest concerns the solicitation documents or actions associated with the publication of solicitation documents;

(2) by the day of the award of a contract resulting from the solicitation, if the protest concerns the evaluation or method of evaluation for a solicitation;

(3) no later than 10 days after the notice of award, if the protest concerns the award; or

(4) no later than 10 days after a vendor grade of lower than a C is posted in the system, if the protest involves a grade assigned to a contractor in the vendor performance tracking system.

Source Note: The provisions of this §20.535 adopted to be effective January 24, 2017, 42 TexReg 242; amended to be effective May 1, 2022, 47 TexReg 2562