Texas Regulations 103.101

(b) In the event of a timely protest or appeal under this section, the commission shall not proceed further with the solicitation or award the contract unless the executive director of the commission or the executive director's desiginee makes a written determination that the award of contract without delay is necessary to protect substantial interests of the state.

(c) All protests must be sworn to, notarized, and contain:

(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated; (2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection; (3) a detailed statement of the relevant facts; (4) an identification of the issue or issues to be resolved; (5) argument and authorities in support of the protest; (6) the subsequent action the protesting party is requesting; and (7) a statement that copies of the protest have been mailed or delivered to the commission and all other identifiable interested parties.

(d) The commission has the authority to settle and resolve the protest. After receiving the protest, the commission shall immediately seek the advice of the commission's Office of Legal Services of the commission. The commission may solicit written responses to the protest from other interested parties. If the protest is not resolved by mutual agreement, the commission will issue a written determination on the protest.

(1) If the commission determines that no violation of any rule or statute has occurred, the commission shall so inform the protesting party and all other interested parties by letter, which sets forth the reasons for the determination. (2) If the commission determines that a violation of a rule or statute has occurred in a case where a contract has not been awarded, the commission shall so inform the protesting party and all other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action. (3) If the commission determines that a violation of a rule or statute has occurred in a case where a contract has been awarded, the commission shall so inform the protesting party and all other interested parties by letter which sets forth the reasons for the determination. The determination may include termination of the contract.

(e) Any interested party may appeal the commission's determination on a protest to the executive director. An appeal of the commission'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 commission's determination. The appeal shall be limited to review of the commission's determination. Copies of the appeal must be mailed or delivered by the appealing party to the commission and all other interested parties.

(f) The Office of Legal Services shall review the protest, the commission's determination, and the appeal, and prepare a written opinion with recommendation to the executive director.

(g) Unless the executive director or the executive director's designee in his/her sole discretion determines that there is good cause, a protest or appeal that is not filed timely will not be considered.

(h) A decision issued in writing by the executive director or the executive director's designee shall be the final administrative action of the commission.

(i) In the event of 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.

The provisions of this section 103.101 adopted to be effective June 17, 2001, 25 TexReg 5260