SECTION 806.62. Vendor Protests

(a) A protest shall be made in writing and received by the Agency within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested.

(b) A protest must include:

(1) a precise statement of the relevant facts;

(2) a statement of any issues (of law or fact) that the protesting party contends must be resolved; and

(3) a statement of the argument and authorities that the protesting party offers in support of the protest.

(c) A statement that copies of the protest have been mailed or delivered to the using entity and all other identifiable interested parties must be included. The program manager may settle and resolve the dispute over the solicitation or award of a contract at any time before the matter is submitted on appeal to the deputy executive director.

(d) If the protest is not resolved by mutual agreement, the division director shall issue a written determination that resolves the protest.

(e) The director's determination shall be the Agency's final administrative action.

(f) The Agency shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with its approved records retention schedule.

Source Note: The provisions of this §806.62 adopted to be effective June 12, 2017, 42 TexReg 3003