(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.