(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual.

(b) A formal protest must be made in writing and received by the Responsible Individual within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested.

(c) Formal protests must conform to the requirements of this subchapter, and will be resolved through use of the procedures that are described in this subchapter. The protesting party must mail or deliver copies of the protest to the Department and other interested parties. Protests may be mailed to Texas Department of Agriculture, Attn: Procurement & Contract Director, P.O. Box 12847, Austin, TX 78711, or delivered to the Department's headquarters at 1700 N. Congress Ave, 11th Floor, Austin, TX 78701.

(d) In the event of a timely protest under this section, the Responsible Individual will notify the Chief Financial Officer, General Counsel, and Deputy Commissioner of receipt of a protest under this subchapter. The Department will suspend further processing of the solicitation or award of the contract that forms the basis of the protest unless the Commissioner or Deputy Commissioner, in consultation with the using division and Office of General Counsel, makes a written determination that the contract must be awarded without delay, to protect the best interests of the Department.

(e) A formal protest must be sworn and contain:

(1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated;

(2) a specific description of each action by the Department that the protesting party alleges to be a violation of the statutory or regulatory provision 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 all other identifiable interested parties.

(f) Absent a written determination under subsection (d) of this section, the Department may not proceed with the solicitation or award of the contract until the protest is denied or resolved by mutual written agreement.

Source Note: The provisions of this §1.1101 adopted to be effective March 26, 2013, 38 TexReg 1971; amended to be effective October 12, 2022, 47 TexReg 6579