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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20STATEWIDE PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER FCONTRACT MANAGEMENT
DIVISION 3PROTESTS AND APPEALS
RULE §20.535Filing 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 C or lower 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

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