Vendor Rules & Purchasing Information

ADJUTANT GENERAL′S DEPARTMENT
General Administrative Policy
Protest Procedures
Effective 09/01/10



1. POLICY PURPOSE:
The purpose of this policy is to establish procedures to ensure the agency and interested parties resolve contract disputes.

2. An unsuccessful bidder, believing that they should have received an agency purchase order or contract awarded to another, may appeal in writing to:

  Adjutant General′s Department
  P.O. Box 5218 - JFTX-RP
  Austin, Texas 78763-5218

3. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Adjutant General's Department Executive Director for State Services. Such protests must be in writing and received in the Executive Director's office within ten (10) working days after such aggrieved person knows, or should have known, of the occurrence of the action, which is protested. Copies of the protest must be mailed or delivered by the protesting party to the Adjutant General's Department and other interested parties. For the purposes of this procedure, interested parties means all vendors who have submitted bids or proposals for the contract involved.

4. This procedure is not available:

– to non-responsive or non-timely bidders
– to bidders awarded the purchase orders or contracts<
– to to bidders on an invitation-to-bid where all bids are rejected

5. In the event of a timely protest or appeal under this procedure, the state shall not proceed further with the solicitation or with the award of the contract unless the Deputy Executive Director, after consultation with the Judge Advocate General's Office, makes a written determination that the award of contract without delay is necessary to protect substantial interests of the state.

6. A formal protest must be sworn and contain:

a. A specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated.
b. A specific description of each act alleged to have violated the statutory or regulatory provision(s).
c. A precise statement of the relevant facts.
d. An identification of the issue or issues to be resolved.
e. Argument and authorities in support of the protest.
f. A statement that copies of the protest have been mailed or delivered to the Adjutant General's Department and other identifiable interested parties.

7. The Executive Director shall have the authority to settle and resolve the dispute concerning the solicitation or award of a contract. The Executive Director may solicit written responses to the protest from other interested parties.

8. If the protest is not resolved by mutual agreement, the Executive Director will issue a written determination on the protest.

a. If the Executive Director determines that no violation of rules or statutes has occurred, he/she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination.
b. If the Executive Director determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he/she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.
c. If the Executive Director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he/she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.

9. The Executive's Director determination on a protest may be appealed by an interested party to the Adjutant General. An appeal of the Executive's Director determination must be in writing and must be received in the Adjutant General office no later than 10 working days after the date of the Executive's Director determination. The appeal shall be limited to review of the- Executive's Director determination. Copies of the appeal must be mailed or delivered by the appealing party to the agency and other interested parties and must contain an affidavit that such copies have been provided.

10. The Adjutant General′s Department general counsel shall review the Protest, Executive Director's determination and the appeal and prepare a written opinion with recommendation to the Adjutant General. The Adjutant General shall issue a written decision on the protest.