| (a) Upon receipt of a protest, the Deputy Executive
Commissioner of Procurement and Contracting Services may:
(1) dismiss the protest if:
(A) it is not timely; or
(B) it does not meet the requirements of §391.305
of this subchapter (relating to Filing of a Protest);
(2) solicit written responses to the protest from other
interested parties; or
(3) attempt to resolve the protest by mutual agreement.
(b) The Deputy Executive Commissioner of Procurement
and Contracting Services may confer with the HHSC Chief Counsel at
any time during the review of the protest.
(c) If the protest is not dismissed or resolved by
mutual agreement, the Deputy Executive Commissioner of Procurement
and Contracting Services will issue a written determination on the
protest.
(1) If the Deputy Executive Commissioner of Procurement
and Contracting Services determines that no violation of the specific
statutory or regulatory provision cited by the protestant has occurred,
they shall so inform the protestant and other interested parties by
letter that sets forth the reasons for the determination.
(2) If the Deputy Executive Commissioner of Procurement
and Contracting Services determines that HHS violated the specific
statutory or regulatory provision cited by the protestant in a case
where HHS has not awarded a contract, they shall so inform the protestant
and other interested parties by letter that sets forth the reasons
for the determination and any appropriate remedial action.
(3) If the Deputy Executive Commissioner of Procurement
and Contracting Services determines that HHS violated the specific
statutory or regulatory provision cited by the protestant in a case
where HHS awarded a contract, they shall so inform the protestant
and other interested parties by letter that sets forth the reasons
for the determination, which may include ordering the contract void.
(4) The Deputy Executive Commissioner of Procurement
and Contracting Services' written determination is the final administrative
action by HHSC on a protest filed under this subchapter unless the
protestant files an appeal of the determination under subsection (d)
of this section.
(d) The protestant may appeal the Deputy Executive
Commissioner of Procurement and Contracting Services' determination
on a protest to the HHSC Executive Commissioner. The appeal must be
in writing and submitted by electronic mail to HHSCExecutiveCommissioner@hhs.texas.gov
no later than 10 business days after the date of the Deputy Executive
Commissioner of Procurement and Contracting Services' determination.
The appeal shall be limited to review of the Deputy Executive Commissioner
of Procurement and Contracting Services' determination. The protestant
must mail or deliver copies of the appeal to other interested parties,
and each copy must contain a certified statement that such copies
have been provided.
(1) A protest or appeal that is not timely filed shall
not be considered unless good cause for delay is shown or the HHSC
Executive Commissioner determines that an appeal raises issues that
are significant to HHSC's procurement practices or procedures in general.
(2) The HHSC Executive Commissioner may confer with
the HHSC Chief Counsel at any time during the review of the appeal.
(3) The HHSC Executive Commissioner will review the
appeal of the Deputy Executive Commissioner of Procurement and Contracting
Services' determination and render a final decision on the protest
issues.
(4) A decision issued in writing by the HHSC Executive
Commissioner shall be the final administrative action of HHSC on a
protest determination that is appealed under this subchapter.
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