1. (a) To be considered timely, the protest must be filed:

   1. (1) no later than the date that responses to a solicitation are due, if the protest concerns the solicitation; or
   2. (2) no later than 10 business days after the notice of award, if the protest concerns the evaluation or award.
2. (b) A protestant must file a protest with the Deputy Executive Commissioner of Procurement and Contracting Services, Texas Health and Human Services Commission, Brown-Heatly Building, 4900 N. Lamar Blvd., Austin, TX 78751-2316.
3. (c) The protestant also must mail or deliver copies of the protest to other interested parties known to the protestant.

4. (d) A protest must be sworn and must contain:

   1. (1) a specific identification of the statutory or regulatory provision that the protestant alleges has been violated;
   2. (2) a specific description of each act alleged to have violated the statutory or regulatory provision identified in the protest;
   3. (3) a precise statement of the relevant facts, including sufficient documentation that the protest has been timely filed and a description of the resulting adverse impact to the protestant;
   4. (4) a statement of any issues of law or fact that the protestant contends must be resolved;
   5. (5) a statement of the argument and authorities that the protestant offers in support of the protest; and
   6. (6) a statement that copies of the protest have been mailed or delivered to any other interested party known to the protestant.
5. (e) For the purpose of this subchapter, "interested parties" means respondents in connection to the solicitation, response evaluation, or contract award that is being protested.

Source Note:The provisions of this §391.405 adopted to be effective June 17, 2015, 40 TexReg 3632; amended to be effective February 21, 2019, 44 TexReg 701.