1. (a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual of the division or office that is responsible for the procurement will review the protest. The Responsible Individual may request written responses to the protest from any staff of the agency and may request from the agency staff any and all documents related to the protest. The Responsible Individual may solicit written responses to the protest from other interest parties.
2. (b) The Responsible Individual has the authority, prior to appeal to the Commissioner or Deputy Commissioner, to settle and resolve the dispute over the solicitation or award of a contract.
3. (c) If the protest is not resolved by mutual written agreement, the Responsible Individual shall within 30 calendar days of receipt of a timely protest that conforms with this subchapter, issue a written determination regarding the protest. The Responsible Individual shall consult with the Office of General Counsel and the agency's Financial Services Division prior to issuing a written determination on the protest.

4. (d) The Responsible Individual shall inform the protesting party, the agency, and other interested parties of the written determination, denying or sustaining the protest, in whole or in part, setting forth the reasons for the determination. The written determination may set forth any appropriate remedial action, including a decision that:

   1. (1) all or any portion of the award be rebid or repurchased;
   2. (2) limits or shortens the term of any existing contract and requires rebid or repurchase of the procurement; or
   3. (3) cancels or declares the contract void, and requires rebid or repurchase of the procurement.
5. (e) A protest or appeal that is not timely filed with the Responsible Individual will not be considered unless good cause for delay is shown and the Commissioner or Deputy Commissioner determines that the protest raises issues that are significant to agency procurement practices or procedures in general.
6. (f) Unless a protesting party or interested party timely files an appeal pursuant to §1.1103 of this subchapter (relating to Appeal), the final written determination of the Responsible Individual is the final administrative action of the agency.

Source Note:The provisions of this §1.1102 adopted to be effective March 26, 2013, 38 TexReg 1971.