1 TAC §§69.1-69.7
The Office of the Attorney General adopts new §§69.1
- 69.7, concerning vendor protests of purchases by the Office of the Attorney
General under the State Purchasing and General Services Act. Section 69.4
is adopted with changes to the proposed text as published in the November
20, 1998, issue of the
Texas Register
(23
TexReg 11748). Sections 69.1 - 69.3 and §§69.5 - 69.7 are adopted
without changes and will not be republished.
Senate Bill 1752, as enacted by the 75th Legislature in 1997, added Government
Code, §2155.076 to the State Purchasing and General Services Act to require
each state agency to develop and adopt protest procedures for resolving vendor
protests relating to purchasing issues. The act requires that the agency rules
be consistent with the rules of the General Services Commission, which are
located in 1 T.A.C. Chapter 111, and provide standards for maintaining documentation
about the purchasing process.
New §§69.1 - 69.7 are adopted to comply with Government Code,
§2155.076 and provide a procedure for vendors to protest purchases of
the Office of the Attorney General. The Office of the Attorney General codified
their procedures for vendor protests. These protest procedures have always
been consistent with and are currently consistent with General Services Commission's
rules. In addition, the Office of the Attorney General provided standards
for maintaining documentation about the purchasing process to be used in the
event of a protest or appeal. The sections define general terms used in the
new sections, provide where and when a protest must be filed, establish the
minimum contents of a protest, and identify who must receive copies of a protest.
The sections authorize the Office of the Attorney General to continue with
the procurement process if the First Assistant Attorney General makes a written
determination that the award of the contract without delay is necessary to
protect substantial interests of the State of Texas. The sections authorize
the agency's Purchasing Manager to review a properly filed protest; and to
informally settle and resolve the dispute or, if resolution by mutual agreement
is not achieved, to issue a written determination of the protest, setting
forth any remedial action to be taken. The sections establish a process to
appeal the Manager's determination, provide where and when such appeal must
be filed, and identify who must receive copies of an appeal. The sections
provide for review of the Manager's determination by members of the agency's
Executive Management and for the submission of a written recommendation to
the First Assistant Attorney General. The sections require the First Assistant
to issue a final determination. The sections allow the agency to reject a
protest or appeal which is not timely filed and not in written form.
No comments were received regarding the new proposed rules. The Agency
has made one change in that one word in §69.4(c) changed from shall to
may. This change was made to allow the First Assistant Attorney General the
option of designating other members of Executive Management to review the
protest and not making it mandatory to do so.
The new sections are adopted under Government Code, §2155.076,
which requires the Agency to adopt procedures for resolving vendor protests.
No other statute, article, or code is affected by these adopted new sections.
§69.4.Appeal.
(a)
A protesting party or any other interested party who is
not satisfied with the determination of the Manager may appeal the determination
to the First Assistant. The appeal must be submitted in writing to the First
Assistant and received in the office of the First Assistant no later than
ten working days after the date of the Manager's determination.
(b)
The appealing party must mail or deliver copies of the
appeal to all other interested parties. The appeal must contain an affidavit
that such copies have been provided.
(c)
Upon receipt of a timely appeal that conforms with this
subchapter, the First Assistant may designate one or more other members of
the Attorney General's Executive Management or other employees of the Office
of the Attorney General to review the protest, the determination of the Manager,
and the appeal with respect to the protest. The designee(s) will prepare and
submit to the First Assistant a written recommendation regarding the appeal.
(d)
The written decision of the First Assistant shall be the
final administrative action of the agency regarding the protest and appeal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
5,1999.
TRD-9900783
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Effective date: February 25, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 475-4502