A. Following public opening and announcement of bids received on anInvitation to Bid, the public body shall evaluate the bids in accordance withelement 4 of the definition of "Competitive sealed bidding" in § 2.2-4301.At the same time, the public body shall determine whether the apparent lowbidder is responsible. If the public body so determines, then it may proceedwith an award in accordance with element 5 of the definition of "Competitivesealed bidding" in § 2.2-4301. If the public body determines that theapparent low bidder is not responsible, it shall proceed as follows:
1. Prior to the issuance of a written determination of nonresponsibility, thepublic body shall (i) notify the apparent low bidder in writing of theresults of the evaluation, (ii) disclose the factual support for thedetermination, and (iii) allow the apparent low bidder an opportunity toinspect any documents that relate to the determination, if so requested bythe bidder within five business days after receipt of the notice.
2. Within ten business days after receipt of the notice, the bidder maysubmit rebuttal information challenging the evaluation. The public body shallissue its written determination of responsibility based on all information inthe possession of the public body, including any rebuttal information, withinfive business days of the date the public body received the rebuttalinformation. At the same time, the public body shall notify, with returnreceipt requested, the bidder in writing of its determination.
3. Such notice shall state the basis for the determination, which shall befinal unless the bidder appeals the decision within ten days after receipt ofthe notice by invoking administrative procedures meeting the standards of §2.2-4365, if available, or in the alternative by instituting legal action asprovided in § 2.2-4364.
The provisions of this subsection shall not apply to procurements involvingthe prequalification of bidders and the rights of any potential bidders undersuch prequalification to appeal a decision that such bidders are notresponsible.
B. If, upon appeal pursuant to § 2.2-4364 or § 2.2-4365, it is determinedthat the decision of the public body was not (i) an honest exercise ofdiscretion, but rather was arbitrary or capricious or (ii) in accordance withthe Constitution of Virginia, applicable state law or regulation, or theterms or conditions of the Invitation to Bid, and the award of the contractin question has not been made, the sole relief shall be a finding that thebidder is a responsible bidder for the contract in question or directed awardas provided in subsection A of § 2.2-4364 or both.
If it is determined that the decision of the public body was not an honestexercise of discretion, but rather was arbitrary or capricious or not inaccordance with the Constitution of Virginia, applicable state law orregulation, or the terms or conditions of the Invitation to Bid, and an awardof the contract has been made, the relief shall be as set forth in subsectionB of § 2.2-4360.
C. A bidder contesting a determination that he is not a responsible bidderfor a particular contract shall proceed under this section, and may notprotest the award or proposed award under the provisions of § 2.2-4360.
D. Nothing contained in this section shall be construed to require a publicbody, when procuring by competitive negotiation, to furnish a statement ofthe reasons why a particular proposal was not deemed to be the mostadvantageous.
(1982, c. 647, § 11-65; 1997, c. 864; 1998, c. 753; 1999, c. 1008; 2001, c.844.)
A. Following public opening and announcement of bids received on anInvitation to Bid, the public body shall evaluate the bids in accordance withelement 4 of the definition of "Competitive sealed bidding" in § 2.2-4301.At the same time, the public body shall determine whether the apparent lowbidder is responsible. If the public body so determines, then it may proceedwith an award in accordance with element 5 of the definition of "Competitivesealed bidding" in § 2.2-4301. If the public body determines that theapparent low bidder is not responsible, it shall proceed as follows:
1. Prior to the issuance of a written determination of nonresponsibility, thepublic body shall (i) notify the apparent low bidder in writing of theresults of the evaluation, (ii) disclose the factual support for thedetermination, and (iii) allow the apparent low bidder an opportunity toinspect any documents that relate to the determination, if so requested bythe bidder within five business days after receipt of the notice.
2. Within ten business days after receipt of the notice, the bidder maysubmit rebuttal information challenging the evaluation. The public body shallissue its written determination of responsibility based on all information inthe possession of the public body, including any rebuttal information, withinfive business days of the date the public body received the rebuttalinformation. At the same time, the public body shall notify, with returnreceipt requested, the bidder in writing of its determination.
3. Such notice shall state the basis for the determination, which shall befinal unless the bidder appeals the decision within ten days after receipt ofthe notice by invoking administrative procedures meeting the standards of §2.2-4365, if available, or in the alternative by instituting legal action asprovided in § 2.2-4364.
The provisions of this subsection shall not apply to procurements involvingthe prequalification of bidders and the rights of any potential bidders undersuch prequalification to appeal a decision that such bidders are notresponsible.
B. If, upon appeal pursuant to § 2.2-4364 or § 2.2-4365, it is determinedthat the decision of the public body was not (i) an honest exercise ofdiscretion, but rather was arbitrary or capricious or (ii) in accordance withthe Constitution of Virginia, applicable state law or regulation, or theterms or conditions of the Invitation to Bid, and the award of the contractin question has not been made, the sole relief shall be a finding that thebidder is a responsible bidder for the contract in question or directed awardas provided in subsection A of § 2.2-4364 or both.
If it is determined that the decision of the public body was not an honestexercise of discretion, but rather was arbitrary or capricious or not inaccordance with the Constitution of Virginia, applicable state law orregulation, or the terms or conditions of the Invitation to Bid, and an awardof the contract has been made, the relief shall be as set forth in subsectionB of § 2.2-4360.
C. A bidder contesting a determination that he is not a responsible bidderfor a particular contract shall proceed under this section, and may notprotest the award or proposed award under the provisions of § 2.2-4360.
D. Nothing contained in this section shall be construed to require a publicbody, when procuring by competitive negotiation, to furnish a statement ofthe reasons why a particular proposal was not deemed to be the mostadvantageous.
(1982, c. 647, § 11-65; 1997, c. 864; 1998, c. 753; 1999, c. 1008; 2001, c.844.)
A. Following public opening and announcement of bids received on anInvitation to Bid, the public body shall evaluate the bids in accordance withelement 4 of the definition of "Competitive sealed bidding" in § 2.2-4301.At the same time, the public body shall determine whether the apparent lowbidder is responsible. If the public body so determines, then it may proceedwith an award in accordance with element 5 of the definition of "Competitivesealed bidding" in § 2.2-4301. If the public body determines that theapparent low bidder is not responsible, it shall proceed as follows:
1. Prior to the issuance of a written determination of nonresponsibility, thepublic body shall (i) notify the apparent low bidder in writing of theresults of the evaluation, (ii) disclose the factual support for thedetermination, and (iii) allow the apparent low bidder an opportunity toinspect any documents that relate to the determination, if so requested bythe bidder within five business days after receipt of the notice.
2. Within ten business days after receipt of the notice, the bidder maysubmit rebuttal information challenging the evaluation. The public body shallissue its written determination of responsibility based on all information inthe possession of the public body, including any rebuttal information, withinfive business days of the date the public body received the rebuttalinformation. At the same time, the public body shall notify, with returnreceipt requested, the bidder in writing of its determination.
3. Such notice shall state the basis for the determination, which shall befinal unless the bidder appeals the decision within ten days after receipt ofthe notice by invoking administrative procedures meeting the standards of §2.2-4365, if available, or in the alternative by instituting legal action asprovided in § 2.2-4364.
The provisions of this subsection shall not apply to procurements involvingthe prequalification of bidders and the rights of any potential bidders undersuch prequalification to appeal a decision that such bidders are notresponsible.
B. If, upon appeal pursuant to § 2.2-4364 or § 2.2-4365, it is determinedthat the decision of the public body was not (i) an honest exercise ofdiscretion, but rather was arbitrary or capricious or (ii) in accordance withthe Constitution of Virginia, applicable state law or regulation, or theterms or conditions of the Invitation to Bid, and the award of the contractin question has not been made, the sole relief shall be a finding that thebidder is a responsible bidder for the contract in question or directed awardas provided in subsection A of § 2.2-4364 or both.
If it is determined that the decision of the public body was not an honestexercise of discretion, but rather was arbitrary or capricious or not inaccordance with the Constitution of Virginia, applicable state law orregulation, or the terms or conditions of the Invitation to Bid, and an awardof the contract has been made, the relief shall be as set forth in subsectionB of § 2.2-4360.
C. A bidder contesting a determination that he is not a responsible bidderfor a particular contract shall proceed under this section, and may notprotest the award or proposed award under the provisions of § 2.2-4360.
D. Nothing contained in this section shall be construed to require a publicbody, when procuring by competitive negotiation, to furnish a statement ofthe reasons why a particular proposal was not deemed to be the mostadvantageous.
(1982, c. 647, § 11-65; 1997, c. 864; 1998, c. 753; 1999, c. 1008; 2001, c.844.)
