Handbook of Business Procedures

7.11.3. VENDOR PROTESTS, DISPUTES, AND RESOLUTIONS

Protests and disputes concerning procurement and contracting procedures at The University of Texas at Austin are governed by the Texas Government Code 2155.076 and UT System Policy UTS148.

A. General Solicitation Issues

In the case of a protest or dispute of an action taken by the Purchasing Office, such as a disqualification of a bid or proposal, any vendor may write a letter outlining any concerns. The letter must be received by the assistant vice president for procurement, contracts, and payment services within 10 business days of the event. Address the letter to:

Assistant Vice President for Procurement, Contracts, and Payment Services

The University of Texas at Austin

1616 Guadalupe St.

UTA Building, Room 3.302

Austin, TX 78701

B. Protest of a Contract Award

1. How to Protest a Contract Award

In the case of a protest of a contract award, any vendor may write a letter of protest. The letter must be received by the assistant vice president for procurement, contracts, and payment services 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 assistant vice president for procurement, contracts, and payment services:

• 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 the Protest Determination of a Contract Award

If a vendor wants to appeal a protest determination made by the assistant vice president for procurement, contracts, and payment services, the vendor may write a letter to the senior vice president and chief financial officer of the university. The letter must be received in the senior vice president and chief financial officer’s office no later than 10 business days after the date of the protest determination. Address the letter to:

Senior Vice President and Chief Financial Officer

The University of Texas at Austin

P.O. Box 8179

Austin, TX 78713

The appeal shall be limited to review of the determination made by the assistant vice president for procurement, contracts, and payment services. A protest or appeal that is not filed within 10 business days will not be considered unless good cause for delay is shown to the senior vice president and chief financial officer or he or she determines that a protest or appeal raises issues significant to the university’s procurement practices or procedures.

The senior vice president and chief financial officer will issue a written decision for protest determination appeals within 10 business days and that decision will be final.

Part 7. Purchasing - Table of Contents