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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 §20.537Action by Director

(a) Upon receipt of a protest, the director may:

  (1) dismiss the protest if:

    (A) it is not timely; or

    (B) does not meet the requirements of this section:

  (2) solicit written responses to the protest from using agencies or other affected vendors; or

  (3) attempt to settle and resolve the protest by mutual agreement.

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

(c) If a protest concerning a contractor grade is not resolved by mutual agreement, the director shall make the final determination in writing. If the director determines that the protest has presented a reasonable basis to conclude that the grade was not warranted, then the director shall inform the protesting vendor and the using agency of that determination in writing and the appropriate remedy. If the director determines that the protest did not present a reasonable basis to conclude that the grade was not warranted, then the director shall inform the protesting vendor and the using agency of that determination in writing and dismiss the protest. The director's determination shall be the final administrative action of the comptroller.


Source Note: The provisions of this §20.537 adopted to be effective January 24, 2017, 42 TexReg 242

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