A. Any bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts shall be notified in writing. Prior to the issuance of a written determination of disqualification or ineligibility, the public body shall (i) notify the bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business days after receipt of the notice.
Within ten business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The public body shall issue its written determination of disqualification or ineligibility based on all information in the possession of the public body, including any rebuttal information, within five business days of the date the public body received such rebuttal information.
If the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the public body shall cancel the proposed disqualification action. If the evaluation reveals that the bidder should be refused permission to participate, or disqualified from participation, in the public contract, the public body shall so notify the bidder, offeror or contractor. The notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten days after receipt of the notice by invoking administrative procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364.
B. If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law or regulations, the sole relief shall be restoration of eligibility.
1982, c. 647, § 11-63; 1998, c. 753; 2001, c. 844.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 43 - Virginia Public Procurement Act
§ 2.2-4300. Short title; purpose; declaration of intent
§ 2.2-4302.1. Process for competitive sealed bidding
§ 2.2-4302.2. Process for competitive negotiation
§ 2.2-4303. (Effective until July 1, 2023) Methods of procurement
§ 2.2-4303. (Effective July 1, 2023) Methods of procurement
§ 2.2-4303.01. High-risk contracts; definition; review
§ 2.2-4303.1. Architectural and professional engineering term contracting; limitations
§ 2.2-4303.2. Job order contracting; limitations
§ 2.2-4304. Joint and cooperative procurement
§ 2.2-4305. Competitive procurement by localities on state-aid projects
§ 2.2-4308.1. Purchase of owner-controlled insurance in construction projects
§ 2.2-4309. Modification of the contract
§ 2.2-4310.1. Awards as a result of any authorized enhancement or remedial measure; requirements
§ 2.2-4310.2. Executive branch agency's goals for participation by small businesses; requirements
§ 2.2-4310.3. Fiscal data pertaining to certain enhancement or remedial measures
§ 2.2-4311. Employment discrimination by contractor prohibited; required contract provisions
§ 2.2-4312. Drug-free workplace to be maintained by contractor; required contract provisions
§ 2.2-4313. Petition for recycled goods and products; periodic review of procurement standards
§ 2.2-4315. Use of brand names
§ 2.2-4316. Comments concerning specifications
§ 2.2-4317. Prequalification generally; prequalification for construction
§ 2.2-4318. Negotiation with lowest responsible bidder
§ 2.2-4319. Cancellation, rejection of bids; waiver of informalities
§ 2.2-4320. Exclusion of insurance bids prohibited
§ 2.2-4321.2. Public works contracts; project labor agreements authorized
§ 2.2-4321.3. Payment of prevailing wage for work performed on public works contracts; penalty
§ 2.2-4322. Acceptance of bids submitted to the Department of Transportation
§ 2.2-4323. Purchase programs for recycled goods; agency responsibilities
§ 2.2-4323.1. Purchase of flags of the United States and the Commonwealth by public bodies
§ 2.2-4324. Preference for Virginia products with recycled content and for Virginia firms
§ 2.2-4325. Preference for Virginia coal used in state facilities
§ 2.2-4326. Preference for recycled paper and paper products used by state agencies
§ 2.2-4327. Preference for community reinvestment activities in contracts for investment of funds
§ 2.2-4328. Preference for local products and firms; applicability
§ 2.2-4328.1. Preference for energy-efficient and water-efficient goods
§ 2.2-4328.2. Purchase of personal protective equipment by state agencies
§ 2.2-4329.1. Energy forward pricing mechanisms
§ 2.2-4330. Withdrawal of bid due to error
§ 2.2-4331. Contract pricing arrangements
§ 2.2-4332. Workers' compensation requirements for construction contractors and subcontractors
§ 2.2-4333. Retainage on construction contracts
§ 2.2-4336. Bid bonds; construction contracts
§ 2.2-4337. Performance and payment bonds
§ 2.2-4338. Alternative forms of security
§ 2.2-4339. Bonds on other than construction contracts
§ 2.2-4340. Action on performance bond
§ 2.2-4340.1. Statute of limitations on construction contracts
§ 2.2-4340.2. Statute of limitations on architectural and engineering contracts
§ 2.2-4341. Actions on payment bonds; waiver of right to sue
§ 2.2-4342. Public inspection of certain records
§ 2.2-4343. Exemption from operation of chapter for certain transactions
§ 2.2-4343.1. Permitted contracts with certain religious organizations; purpose; limitations
§ 2.2-4344. Exemptions from competition for certain transactions
§ 2.2-4346. Other exemptions for certain transactions
§ 2.2-4349. Retainage to remain valid
§ 2.2-4350. Prompt payment of bills by state agencies
§ 2.2-4350.1. Prohibition on payment without an appropriation; prohibition on IOUs
§ 2.2-4351. Defect or impropriety in the invoice or goods and/or services received
§ 2.2-4352. Prompt payment of bills by localities
§ 2.2-4353. Date of postmark deemed to be date payment is made
§ 2.2-4354. (Effective until January 1, 2023) Payment clauses to be included in contracts
§ 2.2-4354. (Effective January 1, 2023) Payment clauses to be included in contracts
§ 2.2-4355. Interest penalty; exceptions
§ 2.2-4356. Comptroller to file annual report
§ 2.2-4358. Appeal of denial of withdrawal of bid
§ 2.2-4359. Determination of nonresponsibility
§ 2.2-4360. Protest of award or decision to award
§ 2.2-4361. Effect of appeal upon contract
§ 2.2-4362. Stay of award during protest
§ 2.2-4363. Contractual disputes
§ 2.2-4365. Administrative appeals procedure
§ 2.2-4366. Alternative dispute resolution
§ 2.2-4369. Proscribed participation by public employees in procurement transactions
§ 2.2-4370. Disclosure of subsequent employment
§ 2.2-4373. Participation in bid preparation; limitation on submitting bid for same procurement
§ 2.2-4374. Purchase of building materials, etc., from architect or engineer prohibited
§ 2.2-4375. Certification of compliance required; penalty for false statements
§ 2.2-4376. Misrepresentations prohibited
§ 2.2-4376.1. Contributions and gifts; prohibition during procurement process