| (a) The following words and terms, when used in this
chapter, shall have the following meaning unless the context clearly
indicates otherwise.
(1) Agency--The Texas Veterans Commission.
(2) Commissioners--Commissioners of the Texas Veterans
Commission.
(3) Interested parties--All vendors who have submitted
bids or proposals for the provision of goods or services pursuant
to a contract with the agency.
(b) Any actual or prospective bidder, offeror, or contractor
who is aggrieved in connection with the solicitation, evaluation,
or award of a contract may formally protest to the Chief Financial
Officer. Such protests must be in writing and received in the Chief
Financial Officer's office within 10 working days after such aggrieved
person knows, or should have known, of the occurrence of the action
which is protested. Formal protests must conform to the requirements
of this subsection and subsection (c) of this section, and shall be
resolved in accordance with the procedure set forth in subsections
(d) and (e) of this section. Copies of the protest must be mailed
or delivered by the protesting party to the agency and other interested
parties.
(c) In the event of a timely protest or appeal under
this section, the agency shall not proceed further with the solicitation
or with the award of the contract unless the Executive Director, after
consultation with the Chief Financial Officer, makes a written determination
that the award of contract without delay is necessary to protect the
best interests of the state.
(d) A formal protest must be sworn and contain:
(1) a specific identification of the statutory or regulatory
provision(s) that the protesting party alleges has been violated;
(2) a specific description of each action by the agency
that the protesting party alleges to be a violation of the statutory
or regulatory provision(s) 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 the agency and all other identifiable interested
parties.
(e) The Chief Financial Officer shall have the authority,
prior to appeal to the Executive Director of the commission, to settle
and resolve the dispute concerning the solicitation or award of a
contract. The Chief Financial Officer may solicit written responses
to the protest from other interested parties.
(f) If the protest is not resolved by mutual agreement,
the Chief Financial Officer will issue a written determination on
the protest.
(1) If the Chief Financial Officer determines that
no violation of rules or statutes has occurred, he/she shall so inform
the protesting party and other interested parties by letter which
sets forth the reasons for the determination.
(2) If the Chief Financial Officer determines that
a violation of the rules or statutes has occurred in a case where
a contract has not been awarded, he/she shall so inform the protesting
party and other interested parties by letter which sets forth the
reasons for the determination and the appropriate remedial action.
(3) If the Chief Financial Officer determines that
a violation of the rules or statutes has occurred in a case where
a contract has been awarded, he/she shall so inform the protesting
party and other interested parties by letter which sets forth the
reasons for the determination, which may include ordering the contract
void.
(g) The Chief Financial Officer's determination on
a protest may be appealed by the protesting party to the Executive
Director of the agency. An appeal of the Chief Financial Officer's
determination must be in writing and must be received in the Executive
Director's office no later than 10 working days after the date of
the Chief Financial Officer's determination. Copies of the appeal
must be mailed or delivered by the protesting party and other interested
parties. The appeal must include a certified statement that such copies
have been provided. The appeal shall be limited to review of the Chief
Financial Officer's determination.
(h) The Executive Director may confer with the General
Counsel in his/her review of the matter appealed. The Executive Director
may, in his/her discretion, refer the matter to the Commissioners
for their consideration at a regularly scheduled open meeting or issue
a written decision on the protest.
(i) When a protest has been appealed to the Executive
Director under subsection (f) of this section and has been referred
to the Commissioners by the Executive Director under subsection (g)
of this section, the following requirements shall apply:
(1) Copies of the appeal and responses of interested
parties, if any, shall be mailed to the Commissioners.
(2) All interested parties who wish to make an oral
presentation at the open meeting are requested to notify the Commission's
General Counsel at least 48 hours in advance of the open meeting.
(3) The Commissioners may consider oral presentations
and written documents presented by staff and interested parties. The
Chairman shall set the order and amount of time allowed for presentations.
(4) The Commissioners' determination of the appeal
shall be by duly adopted resolution reflected in the minutes of the
open meeting, and shall be final.
(j) A protest or appeal that is not filed timely will
not be considered, unless good cause for delay is shown or the commission
determines that a protest or appeal raises issues significant to procurement
practices or procedures.
(k) A decision issued either by the Commissioners in
open meeting, or in writing by the Executive Director, shall be the
final administrative action of the agency.
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