This webpage outlines the required procedures for protest and minor dispute resolutions with regard to awarding Texas Tech University (TTU) and Texas Tech University System (TTUS) purchases and contracts. If a protesting party fails to follow the procedural process within the time limits provided, the protest/dispute is considered lapsed. Any actual or prospective vendor, contractor, individual, or sole proprietor who is aggrieved in connection with a solicitation, evaluation, or award of a purchase or contract, may file a formal protest.
1. Submission of Protest - Protests must be in writing and received by the Assistant Vice President and Chief Procurement Officer (“AVP & CPO”) within ten (10) business days after the protesting party knows, or should have known, the occurrence of the action that is being protested (ex. written notification of award to another party). For clarification purposes, any notices shall be deemed received on the date of the email or within three (3) business days of any formal letter. The protest must be addressed to:
The written protest must contain:
- Specific identification of the statutory or regulatory provision(s) alleged to have been violated;
- Specific description of each alleged act 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; and
- An argument in support of the protest
2. Review of Protest and Protest Determination - the AVP & CPO will review and submit a written response to the submitted protest within ten (10) business days. The AVP & CPO has the authority to settle and resolve disputes concerning the solicitation, evaluation, or award of a purchase order or contract.
Provided the protest is received in accordance with this policy, TTU/TTUS will not proceed with the award of the purchase order or contract while the protest is being evaluated unless it is determined the purchase or contract is an emergency and essential to prevent a hazard to life, health, safety, welfare, or property or to avoid undue additional cost to TTU/TTUS.
3. Resolution of Protest - Upon receipt of a timely, filed, and properly documented protest, the AVP & CPO will review the documentation to determine if a violation of statute or policy has occurred.
If a determination is made that no violation of statute or policy has occurred, the AVP & CPO will notify the protesting party in writing within ten (10) business days, provide reasons for the determination, and include any supporting information.
If a determination is made that a violation of statute or policy has occurred, the AVP & CPO will arrange a meeting within ten (10) business days with the appropriate TTU/TTUS personnel to discuss the details of the protest and determine what remedial action must be taken. A formal notice of the determination will be sent to the protesting party and the AVP & CPO will contact the protesting party to discuss remedial actions.
4. Appeal -The AVP & CPO determination on a protest may be appealed by the protesting party to TTU’s Associate Vice President for Financial & Business Services (AVPFBS) or, if a Texas Tech University System contract, to the
TTUS Vice Chancellor and Chief Financial Officer (VC & CFO). Any appeal of the AVP & CPO determination must be in writing and must be received by the AVPFBS or VC & CFO no later than ten (10) business days after the date of the AVP & CPO determination. The appeal shall be limited to the review of the AVP & CPO determination, the appeal will not be considered if not timely filed, and any decision issued in writing by the AVPFBS or VC & CFO shall be final.