31 TAC §1.79
The General Land Office (GLO) proposes new §1.79 relating
to procedures for formal protests of purchase contracts. This new section
is proposed to define what an actual or prospective bidder, offeror, or contractor
must do to formally protest the solicitation, evaluation, or award of a purchase
contract.
Spencer Reid, General Counsel, has determined that for the first five-year
period the rule is in effect, there are no anticipated fiscal implications
as a result of the administration of the rule.
Mr. Reid also has determined that, for the first five-year period the rule
is in effect, the public benefit anticipated as a result of administration
of the rule is a streamlined administrative process. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the rule as proposed other than as required by
law.
Comments may be submitted to Ms. Carol Milner, Texas Register Liaison,
General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495.
Comments are due no later than 5:00 p.m., Monday, February 16, 1999.
This new rule is proposed under Texas Government Code, §2155.076,
which requires each state agency to develop and adopt protest procedures for
resolving vendor protests relating to purchasing issues.
Texas Government Code, §2155.076 is affected by this proposed rulemaking.
§1.79.Procedures for Formal Protests of Purchase Contracts.
(a)
Any actual or prospective bidder, offeror, or contractor
who is aggrieved in connection with the solicitation, evaluation, or award
of a purchase contract may formally protest to the commissioner of the General
Land Office. Such protests must be in writing and actually received by the
General Land Office by mail or delivery within 10 working days after such
aggrieved person knows, or should have known, of the occurrence of the action,
which is protested. Formal protests must conform to the requirements of this
section, and shall be resolved in accordance with the procedure set forth
herein. Copies of the protest must also be mailed or delivered by the protesting
party to other interested parties. For the purposes of this section, "interested
parties" means all vendors who have submitted bids or proposals for the contract
involved.
(b)
In the event of a timely formal protest under this section,
the General Land Office shall not proceed further with the solicitation or
with the award of the contract unless the commissioner makes a written determination
that the award of contract without delay is necessary to protect substantial
interests of the state or the Permanent School Fund.
(c)
A formal protest must be sworn and contain:
(1)
a specific identification of the statutory or regulatory
provision(s) that the action complained of is alleged to have violated;
(2)
a specific description of each act alleged to have
violated the statutory or regulatory provision(s) identified in paragraph
(1) of this subsection;
(3)
a precise statement of the relevant facts;
(4)
an identification of the issue or issues to be resolved;
(5)
argument and authorities in support of the protest;
and
(6)
a statement that copies of the protest have been mailed
or delivered to the General Land Office and other identifiable interested
parties.
(d)
The commissioner may solicit written responses to the protest
from other interested parties or any other party the commissioner determines
could provide relevant information.
(e)
If the protest is not resolved by mutual agreement, the
commissioner will issue a final written determination on the protest.
(1)
If the commissioner determines that no violation of rules
or statutes has occurred, he shall so inform the protesting party and other
interested parties by letter which sets forth the reasons for the determination.
(2)
If the commissioner determines that a violation of
the rules or statutes has occurred in a case where a contract has not been
awarded, he shall so inform the protesting party and other interested parties
by letter which sets forth the reasons for the determination and the appropriate
remedial action.
(3)
If the commissioner determines that a violation of
the rules or statutes has occurred in a case where a contract has been awarded,
he shall so inform the protesting party and other interested parties by letter
which sets forth the reasons for the determination, which may include determining
that the contract is void.
(f)
All documents collected by the General Land Office as part
of a solicitation, evaluation, and/or award of a contract shall be kept on
file at the General Land Office for a period of at least two years from the
date of the solicitation.
(g)
Protests that do not satisfy the requirements of this section
may be dismissed by the General Land Office administratively and without written
notice of dismissal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
December 30, 1998.
TRD-9818597
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: February 14, 1999
For further information, please call: (512) 305-9129