| Section 1 |
Protest Procedures. Any actual or prospective bidder, offeror or proposer who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally file a protest with the procurement director. Such protests must be in writing and received in the procurement director's office (a) within 10 working days after such aggrieved person knows, or should have known, of the occurrence of the act or omission being protested, but in any event (b) within 10 working days after the University announces its intention to award a contract to a bidder, offerer or proposer. Formal protests must conform to the requirements of this section and section 3, and shall be resolved in accordance with the procedure set forth. |
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| Section 2 |
Written Determination to Proceed. If a protest meeting the requirements of this procedure is timely received, the University shall not proceed further with the solicitation or with the award of a contract unless the chief business officer, after consultation with the using department and the procurement director, makes a written determination that it is necessary to proceed with the solicitation or the award of a contract without delay to protect the best interests of the University. |
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| Section 3 |
Formal Protest. A formal protest must contain:
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3.1 |
a specific identification of the statutory or regulatory provision(s) that the act or omission being complained of is alleged to have violated; |
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3.2 |
a specific description of each act or omission alleged to have violated the statutory or regulatory provision(s) identified in Section 3.1; |
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3.3 |
a precise statement of the relevant facts; |
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3.4 |
an identification of the issue or issues to be resolved; and |
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3.5 |
argument and authorities in support of the protest. |
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| Section 4 |
Procurement Director Review. The procurement director shall attempt to settle and resolve the protest concerning the solicitation or award of a contract, prior to appeal to the chief business officer of the University The procurement director may request additional information from the protesting party and the using department to help in the evaluation and resolution of the protest. |
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| Section 5 |
Written Determination. If the protest is not resolved by mutual agreement, the procurement director will issue a written determination on the protest. |
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5.1 |
If the procurement director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party and the using department by letter that sets forth the reasons for the determination. |
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5.2 |
If the procurement director determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he shall so inform the protesting party and the using department by letter that sets forth the reasons for the determination and the appropriate remedial action. |
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5.3 |
If the procurement director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he shall so inform the protesting party and the using department by letter that sets forth the reasons for the determination and the appropriate remedial action, which may include ordering the contract void. |
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| Section 6 |
Appeal. The procurement director's determination regarding a protest may be appealed by the protesting party to the chief business officer of the University. An appeal of the procurement director's determination must be in writing and must be received in the office of the chief business officer no later than 10 calendar days after the date of the procurement director's determination. |
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| Section 7 |
Timely Filing of Protest and Appeal. Unless good cause for delay is shown or the chief business officer determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered. Appeal may be mailed to Vice President and Chief Financial Officer, P.O. Box 8179, Austin, TX 78713. |
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| Section 8 |
Appeal Final. An appeal to the chief business officer shall be limited to review of the procurement director's written determination of protest. A decision in writing by the chief business officer shall be final. . |
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| Section 9 |
Records Retention. All documents related to protests filed with the University will be retained in accordance with the University's record retention policy. |
