Legislation Details

File #: 26-5339    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 7/29/2026 In control: Commissioners Court
On agenda: 8/6/2026 Final action: 8/6/2026
Title: Request for approval to uphold the Office of the Purchasing Agent Determination. Purchasing concluded that the evidence presented by the Protestor did not meet the burden of proof necessary to rescind the May 14, 2026 award under the Harris County Protest and Appeals and Procedures, specifically under the provision that alleges an error of law or regulation by the Office of the Purchasing Agent. Commissioners Court determination of the Appeal will be the final administrative action of Harris County and shall exhaust all administrative remedies available to the firm. No further Appeal will be permitted.

 

Primary Department: Purchasing

Primary Department Head/Elected Official: Kimberly J. Williams, JD

 

Secondary Department: Choose an item.

Secondary Department Head/Elected Official:

 

Regular or Supplemental RCA: Supplemental RCA

Type of Request: Discussion Item

 

Project ID (if applicable): N/A

Vendor/Entity Legal Name (if applicable): N/A

 

MWBE Contracted Goal (if applicable):

MWBE Current Participation (if applicable):

Justification for 0% MWBE Participation Goal:  N/A - Goal not applicable to request

 

Grant Indirect Costs Rate (if applicable):

Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item

 

Request Summary (Agenda Caption):

title

Request for approval to uphold the Office of the Purchasing Agent Determination. Purchasing concluded that the evidence presented by the Protestor did not meet the burden of proof necessary to rescind the May 14, 2026 award under the Harris County Protest and Appeals and Procedures, specifically under the provision that alleges an error of law or regulation by the Office of the Purchasing Agent. Commissioners Court determination of the Appeal will be the final administrative action of Harris County and shall exhaust all administrative remedies available to the firm. No further Appeal will be permitted.

end

 

Background and Discussion:

On May 14, 2026 Commissioners Court approved Job No. 250188 Hydraulic Lift Replacement, Maintenance and Related Items for Harris County Precinct 2 on the basis of low bid.

 

On May 6, 2026 the Office of the Harris County Purchasing Agent (Purchasing) received written notification of a Protest related Job No. 250188. On May 11, 2026 Purchasing completed a comprehensive review of the concerns raised were minor administrative infractions that did not rise to the level that would warrant deeming the low bidder nonresponsive nor disqualify the submission from award consideration.

 

On May 18, 2026 Purchasing received an Appeal to the Determination dated May 11, 2026. Under the Harris County Protest Policy & Procedure (page 6, Content of Appeals) the Protestor bears the burden of proof to show that the Purchasing Office’s written Protest Determination is incorrect. The Appeal must be based on one or both of the following:

1.           The Protestor alleges that there are new facts and/or information related to the Protest that were not available at the time the Protest was submitted.

2.           The Protestor alleges that the decision of the Purchasing Office was in error of law or regulation.

 

Appeals filed for any other reason will not be considered. A Protestor is prohibited from stating new reasons for a Protest in its Appeal.

 

Following a comprehensive evaluation and careful consideration of the Appeal, Purchasing concluded that the Appeal did not meet the burden of proof necessary to warrant additional action based on the claim that new facts or information relevant to the Protest were unavailable at the time it was initially submitted. While the Office of the Purchasing Agent has fully complied with all statutory requirements referenced in the Appeal, the County Protest Policy provides an avenue for an Appeal to be presented before Commissioners Court for a final determination, specifically under the provision that alleges an error of law or regulation by Purchasing.

 

The Commissioners Court determination of the Appeal will be the final administrative action of Harris County and shall exhaust all administrative remedies available to your firm. No further Appeal will be permitted.

 

 

Expected Impact:

N/A

 

 

 

 

Alternative Options:

N/A

 

 

County Strategic Plan Goal:  N/A

County Strategic Plan Objective: N/A

Justice/Safety Initiative (Goal 1):   N/A

Infrastructure Initiative (Goal 2):  N/A

Economy Initiative (Goal 3): N/A

Health Initiative (Goal 4): N/A

Climate/Resilience Initiative (Goal 5): N/A

Housing Initiative (Goal 6): N/A

 

Additional notes related to the Strategic Plan:

 

Prior Court Action (if any):

Date

Agenda Item #

Action Taken

 

 

 

 

Location:

Address (if applicable):

Precinct(s): Choose an item.

 

Fiscal and Personnel Summary

Service Name

 

 

 

Current Fiscal Year Cost

Annual Fiscal Cost

 

Labor

Non-Labor

Total

Recurring Expenses

Funding Sources

 

Existing Budget

 

 

 

 

1000 - General Fund

$

$

$

$

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Total Existing Budget

$

$

$

$

Additional Budget Request (Requires Fiscal Review Request Form)

 

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Total Additional Budget Request

$

$

$

$

Total Funding Sources

$

$

$

$

Grants - Proposed Budget (For Grants Items only)

 

Labor

Non-Labor

Total

No. of Grant Years

Local Match Source - Existing Budget: Choose an item.

$

$

$

 

Local Match Source - Additional Budget Request: Choose an item.

$

$

$

 

Grant Funds Applied for/Awarded (Total)

$

$

$

 

Personnel (Fill out section only if requesting new PCNs)

 

Current Position Count for Service

-

-

-

-

Additional Positions Request

-

-

-

-

Total Personnel

-

-

-

-

 

Anticipated Court Date: 8/6/2026

Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.

 

Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item

 

Contact(s) name, title, department: Kimberly Williams Purchasing Agent

 

Attachments (if applicable): Agreement