| (a) Any actual or prospective bidder, offeror, or contractor
who asserts or complains of improper process or a procedural defect
in connection with the Department's solicitation, evaluation, or award
of a contract may file a formal protest with the Responsible Individual.
(b) A formal protest must be made in writing and received
by the Responsible Individual within 10 working days after the protesting
party knows, or should have known, of the occurrence of the action
that is protested.
(c) Formal protests must conform to the requirements
of this subchapter, and will be resolved through use of the procedures
that are described in this subchapter. The protesting party must mail
or deliver copies of the protest to the Department and other interested
parties. Protests may be mailed to Texas Department of Agriculture,
Attn: Procurement & Contract Director, P.O. Box 12847, Austin,
TX 78711, or delivered to the Department's headquarters at 1700 N.
Congress Ave, 11th Floor, Austin, TX 78701.
(d) In the event of a timely protest under this section,
the Responsible Individual will notify the Chief Financial Officer,
General Counsel, and Deputy Commissioner of receipt of a protest under
this subchapter. The Department will suspend further processing of
the solicitation or award of the contract that forms the basis of
the protest unless the Commissioner or Deputy Commissioner, in consultation
with the using division and Office of General Counsel, makes a written
determination that the contract must be awarded without delay, to
protect the best interests of the Department.
(e) 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 Department
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.
(f) Absent a written determination under subsection
(d) of this section, the Department may not proceed with the solicitation
or award of the contract until the protest is denied or resolved by
mutual written agreement.
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