§ 2.2-4358. Appeal of denial of withdrawal of bid.
A. A decision denying withdrawal of bid under the provisions of § 2.2-4330shall be final and conclusive unless the bidder appeals the decision withinten days after receipt of the decision by invoking administrative proceduresmeeting the standards of § 2.2-4365, if available, or in the alternative byinstituting legal action as provided in § 2.2-4364.
B. If no bid bond was posted, a bidder refused withdrawal of a bid under theprovisions of § 2.2-4330, prior to appealing, shall deliver to the publicbody a certified check or cash bond in the amount of the difference betweenthe bid sought to be withdrawn and the next low bid. Such security shall bereleased only upon a final determination that the bidder was entitled towithdraw the bid.
C. If, upon appeal, it is determined that the decision refusing withdrawal ofthe bid was not (i) an honest exercise of discretion, but rather wasarbitrary or capricious or (ii) in accordance with the Constitution ofVirginia, applicable state law or regulation, or the terms or conditions ofthe Invitation to Bid, the sole relief shall be withdrawal of the bid.
(1982, c. 647, § 11-64; 1985, c. 164; 1999, c. 1008; 2001, c. 844.)
§ 2.2-4358. Appeal of denial of withdrawal of bid.
A. A decision denying withdrawal of bid under the provisions of § 2.2-4330shall be final and conclusive unless the bidder appeals the decision withinten days after receipt of the decision by invoking administrative proceduresmeeting the standards of § 2.2-4365, if available, or in the alternative byinstituting legal action as provided in § 2.2-4364.
B. If no bid bond was posted, a bidder refused withdrawal of a bid under theprovisions of § 2.2-4330, prior to appealing, shall deliver to the publicbody a certified check or cash bond in the amount of the difference betweenthe bid sought to be withdrawn and the next low bid. Such security shall bereleased only upon a final determination that the bidder was entitled towithdraw the bid.
C. If, upon appeal, it is determined that the decision refusing withdrawal ofthe bid was not (i) an honest exercise of discretion, but rather wasarbitrary or capricious or (ii) in accordance with the Constitution ofVirginia, applicable state law or regulation, or the terms or conditions ofthe Invitation to Bid, the sole relief shall be withdrawal of the bid.
(1982, c. 647, § 11-64; 1985, c. 164; 1999, c. 1008; 2001, c. 844.)
§ 2.2-4358. Appeal of denial of withdrawal of bid.
A. A decision denying withdrawal of bid under the provisions of § 2.2-4330shall be final and conclusive unless the bidder appeals the decision withinten days after receipt of the decision by invoking administrative proceduresmeeting the standards of § 2.2-4365, if available, or in the alternative byinstituting legal action as provided in § 2.2-4364.
B. If no bid bond was posted, a bidder refused withdrawal of a bid under theprovisions of § 2.2-4330, prior to appealing, shall deliver to the publicbody a certified check or cash bond in the amount of the difference betweenthe bid sought to be withdrawn and the next low bid. Such security shall bereleased only upon a final determination that the bidder was entitled towithdraw the bid.
C. If, upon appeal, it is determined that the decision refusing withdrawal ofthe bid was not (i) an honest exercise of discretion, but rather wasarbitrary or capricious or (ii) in accordance with the Constitution ofVirginia, applicable state law or regulation, or the terms or conditions ofthe Invitation to Bid, the sole relief shall be withdrawal of the bid.
(1982, c. 647, § 11-64; 1985, c. 164; 1999, c. 1008; 2001, c. 844.)
