(a) An actual bidder who considers him or herself aggrieved in connection with the award of a contract by the Board may file a formal protest with the Board's procurement director. A formal protest must be in writing and received by the procurement director within ten (10) business days after the protesting party knows or should have known of the occurrence of the action which is protested.
(b) Procedures:
  (1) Within ten (10) business days after the bid award, the bidder must submit in writing to the procurement director the reasons why TBPG should not have awarded the bid to the successful bidder.
  (2) If the unsuccessful bidder does not agree with the response of the procurement director, the bidder may appeal the decision to the Executive Director on or before the seventh day after receiving the denial.
  (3) Protests and appeals that are not timely filed will not be considered, unless good cause is established, or the procurement director determines that the protest or appeal raises issues significant to the agency's procurement practices or procedures.
(c) A decision by the Executive Director shall be the final administrative action of the agency.

Source Note: The provisions of this §850.221 adopted to be effective December 24, 2023, 48 TexReg 7573