(a) If a protest is based on a solicitation or contract award, the protesting party may appeal a determination of a protest to the Chief Administrative Law Judge. An appeal to the Chief Administrative Law Judge must be in writing and received by the Chief Administrative Law Judge's office not later than 10 calendar days after the date the Chief Operating Officer or designee sent written notice of their determination. The scope of the appeal is limited to review of the Chief Operating Officer's or designee's determination. The protesting party must mail or deliver to the other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided.
(b) The Chief Administrative Law Judge may refer the matter to a designee for consideration or issuance of a written decision that resolves the protest.
(c) A protest or appeal that is not filed timely or that does not meet the requirements of SOAH's protest procedures will not be considered unless good cause for delay is shown or it is determined, in the sole discretion of the Chief Administrative Law Judge or designee, that a protest or appeal raises issues significant to the agency's procurement practices or procedures.
(d) A written decision issued by the Chief Administrative Law Judge or designee is the final administrative action of the agency regarding the protest and appeal.

Source Note: The provisions of this §160.4 adopted to be effective April 7, 2019, 44 TexReg 1713