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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 391PURCHASE OF GOODS AND SERVICES BY HEALTH AND HUMAN SERVICES AGENCIES
SUBCHAPTER JPROTEST PROCEDURES
RULE §391.301Availability of Protest Procedures
Historical Texas Register

(a) A purchasing entity must, within the limits of the entity's legal authority and resources, provide an applicant an opportunity to request a formal or informal review of a tentative purchase award under the following circumstances:

  (1) The purchase award was made under a competitive procurement method and the protestant was not selected for the award; or

  (2) The purchase or award was a sole source or emergency procurement.

(b) The protest must be limited to matters relating to the protestant's qualifications, the suitability of the goods or services offered by the protestant, or alleged irregularities in the procurement process.

(c) A protest may be resolved through formal or informal means, as determined by the purchasing entity. A purchasing entity that is a state agency is not required to conduct a protest as a contested case under the Administrative Procedure Act, chapter 2001, Government Code.

(d) A purchasing entity may not award a contract for a purchase that is the subject of a protest filed in accordance with this section until the agency provides a written disposition of the protest to the protestant. This requirement may be waived in the case of a bona fide emergency or in the case of an award that is required by state or federal law to be completed by a particular date.

(e) Resolution of a protest from an applicant for a grant shall be settled in accordance with the purchasing entity's rules or policies.


Source Note: The provisions of this §391.301 adopted to be effective December 19, 2000, 25 TexReg 12371

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