THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON
ISSUED DATE: 9/15/00
LOGISTICS/ACQUISITION OPERATING PROCEDURES
REVISED DATE: 01/04/10
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GENERAL
SUBJECT
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PROTEST PROCEDURES
GENERAL INFORMATION
The University of Texas Medical Branch at Galveston (UTMB) has established formal procedures for handling complaints
and protests regarding procurement actions processed by Logistics/Acquisition or by any UTMB department acting under
authority from the Chief Purchasing Agent.
AUDIENCE
Applicable to all Procurement Staff and designated Satellite Buyers.
GUIDELINES
1.
Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award
of a contract may formally protest to the Chief Purchasing Agent. Such protests must be submitted in writing within
ten (10) working days after such aggrieved person knows or should have known of the occurrence of the action
which is protested. Formal protests must conform to the requirements herein and shall be resolved in accordance
with the procedure set forth in paragraphs 4 and 5 below.
2.
In the event of a timely protest, UTMB shall not proceed further with the solicitation or with the award of the
contract prior to resolution of the protest unless the Executive Vice President and Chief Business and Finance
Officer, after consultation with the Chief Purchasing Agent, makes a written determination that the award of contract
without delay is necessary to protect substantial interests of the State.
3.
A formal protest must contain:
A.
a specific identification of the statutory or regulatory provision that the action complained of is alleged to
have violated;
B.
a specific description of each act or omission alleged to have violated the statutory or regulatory
provision(s) identified in paragraph (A) above of this subsection;
C.
a precise statement of the relevant facts;
D.
an identification of the issue or issues to be resolved; and
E.
argument and authorities in support of the protest;
4.
The Chief Purchasing Agent shall have the authority, prior to appeal to the Executive Vice President and Chief
Business and Finance Officer, or to the court having jurisdiction (Galveston, Texas, District Court), to settle and
resolve the dispute concerning the solicitation or award of a contract.
5.
If the protest is not resolved by mutual agreement, the Chief Purchasing Agent will issue a written determination on
the protest.
A.
If the Chief Purchasing Agent determines that no violation of rules or statutes has occurred, he shall so
inform the protesting party and other interested parties, if necessary, by letter which sets forth the reasons
for the determination.
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B.
If the Chief Purchasing Agent 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 other interested parties
by letter which sets forth the reasons for the determination and the appropriate remedial action.
C.
If the Chief Purchasing Agent determines that a violation of the rules or statues has occurs in a case where a
contract has been awarded, he 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.
For the purposes of this Procedure, “interested parties” means all vendors who have submitted bids or proposals for
the contract involved.
6.
The Chief Purchasing Agent’s determination on a protest may be appealed by an interested party with standing to the
Executive Vice President and Chief Business and Finance Officer. An appeal of the Chief Purchasing Agent’s
determination must be in writing and must be received in the Executive Vice President and Chief Business and
Finance Officer’s office no later than 10 calendar days after the Chief Purchasing Agent’s determination. The appeal
shall be limited to review of the Chief Purchasing Agent’s determination. Copies of the appeal must be mailed or
delivered by the appealing party to the Chief Purchasing Agent and other interested parties, if necessary, and must
contain an affidavit that such copies have been provided.
7.
The Executive Vice President and Chief Business and Finance Officer may, in their discretion, issue a written
decision on the protest, setting forth the reasons for the decision, or refer the matter to the President for
consideration. A decision issued in writing by either the Executive Vice President and Chief Business and Finance
Officer or the President shall be the final administrative remedy.
8.
Unless good cause for delay is shown or the Executive Vice President and Chief Business and Finance 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.
9.
All documents related to protests filed with UTMB will be retained in accordance with UTMB’s records retention
policy.
EXCEPTIONS
There will be no exceptions unless by formal addendum to this procedure or other formal written exception by the Chief
Purchasing Agent and the Executive Vice President and Chief Business and Finance Officer.
REFERENCES
Government Code; Section 2155.076
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Protest Procedures
Approved: Jeffery Bonnardel, C.P.M.
Chief Purchasing Agent
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