SECTION 10.30. Protests

(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by any Finance Unit of state government may formally protest to the Finance Unit. Such protests must be made in writing and received by the Chief Administrative Officer of the Finance Unit within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested. Formal protests must conform to the requirements of this section. The protesting party must mail or deliver copies of the protest to all other interested parties.

(b) In the event of a timely protest under this section, the Finance Unit of state government shall not proceed further with the solicitation or award of the contract unless the Chief Administrative Officer of such Finance Unit makes a written determination that the contract must be awarded without delay, to protect the best interests of the state.

(c) A formal protest must be sworn and contain:

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

(2) a specific description of each action by the Finance Unit of state government that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified pursuant to paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

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

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

(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties.

(d) The Contract Protest Officer of the Finance Unit of state government 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 Chief Administrative Officer of the Finance Unit. The Contract Protest Officer of the Finance Unit of state government may solicit written responses to the protest from other interested parties.

(e) If the protest is not resolved by mutual agreement, the Contract Protest Officer of the Finance Unit of state government shall issue a written determination that resolves the protest.

(1) If the Contract Protest Officer of the Finance Unit of state government determines that no violation of statutory or regulatory provisions has occurred, then the Contract Protest Officer shall inform the protesting party and other interested parties by letter that sets forth the reasons for the determination.

(2) If the Contract Protest Officer of the Finance Unit of state government determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has not been awarded, then the Contract Protest Officer of the Finance Unit shall inform the protesting party and other interested parties of that determination by letter that details the reasons for the determination and the appropriate remedy.

(3) If the Contract Protest Officer of the Finance Unit of state government determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has been awarded, then the Contract Protest Officer of the Finance Unit shall inform the protesting party and other interested parties of that determination by letter that details the reasons for the determination. This letter may include termination of the contract.

(f) The protesting party may appeal a determination of a protest by the Contract Protest Officer of the Finance Unit of state government to the Chief Administrative Officer of the Finance Unit. An appeal of the Contract Protest Officer's determination must be in writing and received in the office of the Chief Administrative Officer of the Finance Unit by not later than 10 working days after the date on which written notice of determination was sent. The scope of the appeal shall be limited to review of the Contract Protest Officer's determination. The protesting party must mail or deliver to all other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided.

(g) A written decision that the Chief Administrative Officer has issued shall be the final administrative action of the Finance Unit of state government.

(h) The Finance Unit of state government shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the retention schedule of the Finance Unit.

Source Note: The provisions of this §10.30 adopted to be effective November 7, 2010, 35 TexReg 9694