1. (a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the agency's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual for the division, subdivision or office that is responsible for the procurement.
2. (b) A protest must be made in writing and received by the Responsible Individual within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested.
3. (c) Formal protests must conform to the requirements of this subchapter, and will be resolved through use of the procedures that are described in this subchapter. The protesting party must mail or deliver copies of the protest to the agency and other interested parties.
4. (d) In the event of a timely protest under this section, the agency will suspend further process with the solicitation or award of the contract unless the Commissioner or Deputy Commissioner makes a written determination that the contract must be awarded without delay, to protect the best interests of the agency.

5. (e) A formal protest must be sworn and contain:

   1. (1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated;
   2. (2) a specific description of each action by the agency that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified pursuant to paragraph (1) of this subsection;
   3. (3) a precise statement of the relevant facts;
   4. (4) a statement of any issues of law or fact that the protesting party contends must be resolved;
   5. (5) a statement of the argument and authorities that the protesting party offers in support of the protest; and
   6. (6) a statement that copies of the protest have been mailed or delivered to the agency and all other identifiable interested parties.
6. (f) Unless the Commissioner or Deputy Commissioner makes a written determination that the contract must be awarded without delay as authorized by this section, the Agency may not proceed with the award and contract until the protest is denied or resolved favorably to the Agency.

Source Note:The provisions of this §1.1101 adopted to be effective March 26, 2013, 38 TexReg 1971.