(a) The contract manager or procurement director of each state agency shall:
(1) approve each state agency contract for which the agency is required to purchase goods or services using the best value standard;
(2) ensure that, for each contract, the agency documents the best value standard used for the contract; and
(3) acknowledge in writing that the agency complied with the agency’s and comptroller’s contract management guide in the purchase.
(b) For each purchase of goods or services for which a state agency is required to use the best value standard, the comptroller shall ensure that the agency includes in the vendor performance tracking system established under Section 2262.055 information on whether the vendor satisfied that standard.

(a) To be considered by the comptroller, a protest must be:
(1) in writing and contain:
(A) the specific rule, statute or regulation the protesting vendor alleges the solicitation, contract award or tentative award violated;
(B) a specific description of each action by the division that the protesting vendor alleges is a violation of the statutory or regulatory provision the protesting vendor identified in subparagraph (A) of this paragraph;
(C) a precise statement of the relevant facts including:
(i) sufficient documentation to establish that the protest has been timely filed;
(ii) a description of the adverse impact to the comptroller and the state; and
(iii) a description of the resulting adverse impact to the protesting vendor:
(D) a statement of the argument and authorities that the protesting vendor offers in support of the protest;
(E) an explanation of the subsequent action the vendor is requesting; and
(F) a statement confirming that copies of the protest have been mailed or delivered to the using agency:
(2) signed by an authorized representative and the signature notarized;
(3) filed in the time period specified in this section; and
(4) mailed or delivered to:
(A) the comptroller; and
(B) the using agency.
(b) To be considered timely, the protest must be filed:
(1) by the end of the posted solicitation period, if the protest concerns the solicitation documents or actions associated with the publication of solicitation documents;
(2) by the day of the award of a contract resulting from the solicitation, if the protest concerns the evaluation or method of evaluation for a solicitation;
(3) no later than 10 days after the notice of award, if the protest concerns the award; or
(4) no later than 10 days after a vendor grade of C or lower is posted in the system, if the protest involves a grade assigned to a contractor in the vendor performance tracking system.

“Responsive” Response . A response is “responsive” if it conforms in all material respects to the solicitation requirements (e.g., timely submitted, signed response, completed forms) The Contract Developer will make the initial determination as to whether a response is responsive to the solicitation The initial determination of responsiveness is subject to change during the course of the evaluation process

(a) The chief administrative officer or, if designated in the contract, another officer of the unit of state government shall examine the claim and any counterclaim and negotiate with the contractor in an effort to resolve them. The negotiation must begin not later than the 120th day after the date the claim is received.
(b) Repealed by Acts 2005, 79th Leg., ch. 988, § 8.
(c) Each unit of state government with rulemaking authority shall develop rules to govern the negotiation and mediation of a claim under this section. If a unit of state government does not have rulemaking authority, that unit shall follow the rules adopted by the attorney general. A model rule for negotiation and mediation under this chapter shall be provided for voluntary adoption by units of state government through the coordinated efforts of the State Office of Administrative Hearings and the office of the attorney general.

(a) Entire solicitation. If the state agency posts the entire solicitation package, including attachments, the solicitation must be posted until the latest of:
(1) 14 calendar days after the date the solicitation package is first posted; or
(2) the date the state agency will no longer accept responses, which must be at least 14 calendar days after the date the solicitation package is first posted.
(b) Notice of solicitation. If documents or attachments related to the solicitation must be obtained from another source, a notice of solicitation must be posted until the latest of:
(1) 21 calendar days after the date the notice is first posted; or
(2) the date the state agency will no longer accept responses, which must be at least 21 calendar days after the date the notice is first posted.

(a) The comptroller shall acquire by purchase, lease, rental, or another manner all goods and services for a state agency, including a purchase that does not require a competitive bid or a spot purchase.
(b) The comptroller shall operate an effective and economical system for purchasing goods and services.

(a) If a protest is based on a solicitation or contract award, the protesting party may appeal a determination of a protest by the director to the general counsel. An appeal of the director’s determination must be in writing and received in the office of the general counsel not later than 10 days after the date the director sent written notice of the director’s determination. The scope of the appeal shall be limited to review of the director’s determination. The protesting party must mail or deliver to the using agency and all other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided.
(b) The general counsel may refer the matter to the associate deputy comptroller or chief clerk for consideration or may issue a written decision that resolves the protest.
(c) If the general counsel refers the protest to the associate deputy comptroller or chief clerk, the general counsel shall deliver the information the associate deputy comptroller or chief clerk determines necessary.
(d) A protest or appeal that is not filed timely shall not be considered unless good cause for delay is shown or the chief clerk determines that an appeal raises issues that are significant to agency procurement practices or procedures in general.
(e) A written decision issued by the chief clerk, associate deputy comptroller or the general counsel shall be the final administrative action of the comptroller.

(a) A notice inviting bids shall be published at least once in at least one newspaper of general circulation in the state not later than the seventh day before the last day set for the receipt of bids.

(a) The comptroller shall:
(1) purchase goods or services using the reverse auction procedure whenever:
(A) the procedure provides the best value to the state; or
(B) all purchasing methods provide equal value to the state;
(2) offer historically underutilized businesses assistance and training relating to the reverse auction procedure; and
(3) advise historically underutilized businesses on contracts available using the reverse auction procedure.
(b) The comptroller shall set a goal of purchasing at least 20 percent of the dollar value of goods or services purchased by the comptroller using the reverse auction procedure.