|(a) Any Respondent who is allegedly aggrieved in connection
with the Solicitation, evaluation, or award of a contract by the Agency
may formally protest to the Agency's director of business operations.
(1) Such protests must be made in writing and timely
received by the Agency's director of business operations.
(2) The protest must be received by the Agency's director
of business operations within 10 working days after the Protestant
knows, or should have known, of the occurrence of the action that
(3) The Protestant shall mail or deliver copies of
the protest to: Director of Business Operations, 101 E. 15th Street,
Room 316T, Austin, Texas 78778. The Protestant must also mail or deliver
copies of the protest to Interested Parties known to the Protestant.
(b) A protest that is not filed timely shall not be
considered unless the director of business operations determines that
the protest raises issues that are significant to the Agency's procurement
practices or procedures.
(c) The protest must be in writing and contain:
(1) the identifying name and number of the Solicitation
(2) identification of the specific statute or regulation
that the Protestant alleges has been violated;
(3) a specific description of each act or omission
alleged to have violated the statutory or regulatory provision identified
above in paragraph (2) of this section;
(4) a precise statement of the relevant facts including:
(A) sufficient documentation to establish that the
protest has been timely filed; and
(B) a description of the resulting adverse impact to
(5) a statement of the argument and authorities that
the Protestant offers in support of the protest;
(6) an explanation of the action the Protestant is
requesting from the Agency; and
(7) a statement confirming that copies of the protest
have been mailed or delivered to any other Interested Party known
to the Protestant.
(d) The protest must be signed by an authorized representative
for the Protestant and the signature notarized.
(e) The Protestant may appeal determination of a protest
to the Agency's deputy executive director.
(1) The appeal filed under these procedures must be
in writing, addressed to the Agency's deputy executive director; and
(2) The protest must be received by the deputy executive
director no later than 10 business days after the date of receipt
of the written determination issued by the director of business operations.
(f) The Agency may move forward with a Solicitation
or contract award without delay, in spite of a timely filed protest,
to protect the best interests of the Agency or the state.