| (a) Purpose. The purpose of this section is to establish
procedures for resolving vendor protests relating to purchasing issues.
Except as otherwise provided in this section, the State Securities
Board adopts by reference the rules of the Comptroller of Public Accounts
relating to Protests and Appeals, contained in Title 34, Part 1, Chapter
20, Subchapter F, Division 3 of the Texas Administrative Code (the
"CPA Protest Rules").
(b) Bid Protests by Vendors Related to a Solicitation
or Contract Award. A protest vendor may file a protest with the Director
of Staff Services.
(c) Filing requirements.
(1) To be considered, a protest must be submitted in
writing, signed by an authorized representative of the protesting
vendor, and delivered to the Director of Staff Services in the time
period specified §20.535 of the CPA Protest Rules.
(2) In addition to the filing requirements of §20.535
of the CPA Protest Rules, the protest must contain a statement that
copies of the protest have been delivered to all other identifiable
interested parties. The protesting vendor is required to and is responsible
for mailing or delivering copies of the protest to all other identifiable
interested parties. Upon request, the Director of Staff Services will
provide the protesting vendor with a list of interested parties as
reflected by the records of the Agency.
(d) Appeal.
(1) If a protest is based on a solicitation or contract
award, the protesting party may appeal the determination of the Director
of Staff Services to the Deputy Securities Commissioner.
(2) The Deputy Securities Commissioner may refer the
matter to the Securities Commissioner for consideration or may issue
a written decision that resolves the protest.
(3) An appeal that is not filed timely shall not be
considered unless good cause for delay is shown or the Deputy Securities
Commissioner determines that an appeal raises issues that are significant
to the Agency's procurement practices or procedures in general.
(4) A written decision issued by the Deputy Securities
Commissioner or the Securities Commissioner shall be the final administrative
action of the Agency regarding the protest and appeal.
(e) Consultation. In performing their duties under
this section, the Director of Staff Services, the Deputy Securities
Commissioner, and the Securities Commissioner may consult with the
Comptroller of Public Accounts, as well as Agency employees, including
the General Counsel, concerning the dispute.
(f) Standards for Maintaining Documentation. All documentation
on the purchasing process that is the subject of a protest or appeal
shall be maintained in accordance with the Agency's records retention
schedule.
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