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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 20ADMINISTRATION
SUBCHAPTER ACONTRACTS AND PURCHASES
DIVISION 1BID PROTESTS, HUBS, AND BID OPENINGS
RULE §20.1Procedures for Filing and Resolving Protests of a Contract Solicitation or Award

    (E) argument and authorities, if any, in support of the appeal to the Commission.

  (3) No later than the tenth day after receiving an appeal to the Commission or an appeal determination under subsection (g)(3)(C) of this section, the General Counsel shall schedule the appeal for consideration at an open meeting of the Commission. The General Counsel shall also notify, by certified mail, all parties to the appeal of the date on which the Commission will consider the appeal and shall the deadline by which parties shall file any additional comments or request to be heard in oral argument before the Commission at the scheduled open meeting. The deadline for party submissions shall be not less than ten days prior to the open meeting at which the matter is scheduled to be considered.

  (4) The General Counsel shall provide to the Commission copies of the protest file, the appeal file, the appeal to the Commission, the General Counsel's notice, and the responses of the parties, if any.

  (5) The Commission may consider all written materials and any oral arguments made in open meeting.

  (6) The Commission's determination of the appeal or of a determination forwarded under subsection (g)(3)(C) of this section shall be by written order.

(i) In the event the director receives a protest, all documents collected by the Commission as part of a solicitation, evaluation, and/or award of a contract shall be retained by the Commission for a period of four years from the date of the initial procurement action. In addition, the Commission shall also retain the protest file, the appeal file, and any documents or Commission orders pertaining to a determination made by the Commission.


Source Note: The provisions of this §20.1 adopted to be effective January 9, 2002, 27 TexReg 153

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