Vendor Protest Procedure
The University of Texas at Brownsville shall comply with UT System Administration Policy UTS148 "Protest Procedures Related to Procurements of Goods and Services." This policy has been implemented to comply with Section 2155.076 of the Texas Government Code requiring the development of protest procedures related to the procurement of goods and services.
In general, the Primary Procurement Officer:
- Attempts to resolve and settle a protest concerning the solicitation or award of a contract.
- Issues a written determination regarding a protest if that protest is not resolved.
- Informs the protesting party and the using department by letter of the determination, reasons for the determination, and any remedial action.
- Retains all documents related to a protest filed with an institution in accordance with that institution’s records retention policy.
The Purchasing Director shall consider and issue a written decision regarding appeals of the primary procurement officer’s written determination of a protest.
Dispute Resolution Procedure
To the extent that Chapter 2260, Texas Government Code, is applicable to a contract and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by The University of Texas at Brownsville and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The Purchasing Director of UT Brownsville shall examine Contractor’s claim and any counterclaim and negotiate with Contractor in an effort to resolve such claims.