| (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.
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