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2.7 Supplier Protests, Disputes, Resolutions

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Protests and disputes concerning procurement and contracting processes at The University of Texas System are governed by the Texas Government Code 2155.076 and UT System Policy UTS 148.

A. General

Any actual or prospective bidder, offeror, or proposer who is aggrieved in connection with the solicitation, evaluation, or award of a contract by U. T. System Administration may file a formal protest with the primary procurement officer:

Director, Contracts and Procurement
The University of Texas System
210 W. 7th Street
Austin, TX 78701

B. Procedure

1. Submission and Review

In the case of a protest of a contract award, any supplier may write a letter of protest. The letter must be received within 10 business days of the event and must include:

  • a specific identification of the statutory or regulatory provision(s)  that the action complained of is alleged to have violated.
  • a specific description of each act alleged to have violated the statutory or regulatory provision(s).
  • a precise statement of the facts relevant to the dispute or protest.
  • an identification of the issue or issues to be resolved.
  • arguments and authorities in support of the protest.

The Director, Contracts and Procurement:

  • has the authority to settle and resolve the dispute concerning the solicitation or award of a contract.
  • will review the letter and respond within 10 business days.

Provided the protest or dispute letter is received within 10 business days of the occurrence, the university will not proceed with the solicitation or the award of the contract unless the university makes a written determination that the award of the contract without delay is necessary to protect the best interests of the university.

2. How to Appeal a Protest Determination

If a supplier wants to appeal a protest determination made by the Director, Contracts and Procurement, the supplier may write a letter of appeal to the Executive Vice Chancellor for Business Affairs of the University. The letter must be received no later than 10 business days after the date of the initial protest determination. Address the letter to:

Executive Vice Chancellor for Business Affairs
The University of Texas System
210 W. 7th Street
Austin, TX 78701

The appeal shall be limited to review of the determination made by the Director, Contracts and Procurement. A protest or appeal that is not filed within 10 business days will not be considered unless good cause for delay is shown or it is determined that a protest or appeal raises issues significant to the university’s procurement practices or procedures.

The Executive Vice Chancellor for Business Affairs will issue a written decision for protest determination appeals within 10 business days and that decision will be final.