| (a) To be considered by the comptroller, a protest
must be:
(1) in writing and contain:
(A) the specific rule, statute or regulation the protesting
vendor alleges the solicitation, contract award or tentative award
violated;
(B) a specific description of each action by the division
that the protesting vendor alleges is a violation of the statutory
or regulatory provision the protesting vendor identified in subparagraph
(A) of this paragraph;
(C) a precise statement of the relevant facts including:
(i) sufficient documentation to establish that the
protest has been timely filed;
(ii) a description of the adverse impact to the comptroller
and the state; and
(iii) a description of the resulting adverse impact
to the protesting vendor;
(D) a statement of the argument and authorities that
the protesting vendor offers in support of the protest;
(E) an explanation of the subsequent action the vendor
is requesting; and
(F) a statement confirming that copies of the protest
have been mailed or delivered to the using agency;
(2) signed by an authorized representative and the
signature notarized;
(3) filed in the time period specified in this section;
and
(4) mailed or delivered to:
(A) the comptroller; and
(B) the using agency.
(b) To be considered timely, the protest must be filed:
(1) by the end of the posted solicitation period, if
the protest concerns the solicitation documents or actions associated
with the publication of solicitation documents;
(2) by the day of the award of a contract resulting
from the solicitation, if the protest concerns the evaluation or method
of evaluation for a solicitation;
(3) no later than 10 days after the notice of award,
if the protest concerns the award; or
(4) no later than 10 days after a vendor grade of lower
than a C is posted in the system, if the protest involves a grade
assigned to a contractor in the vendor performance tracking system.
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