§ 2.2-4360. Protest of award or decision to award.
A. Any bidder or offeror, who desires to protest the award or decision toaward a contract shall submit the protest in writing to the public body, oran official designated by the public body, no later than ten days after theaward or the announcement of the decision to award, whichever occurs first.Public notice of the award or the announcement of the decision to award shallbe given by the public body in the manner prescribed in the terms orconditions of the Invitation to Bid or Request for Proposal. Any potentialbidder or offeror on a contract negotiated on a sole source or emergencybasis who desires to protest the award or decision to award such contractshall submit the protest in the same manner no later than ten days afterposting or publication of the notice of such contract as provided in §2.2-4303. However, if the protest of any actual or potential bidder orofferor depends in whole or in part upon information contained in publicrecords pertaining to the procurement transaction that are subject toinspection under § 2.2-4342, then the time within which the protest shall besubmitted shall expire ten days after those records are available forinspection by such bidder or offeror under § 2.2-4342, or at such later timeas provided in this section. No protest shall lie for a claim that theselected bidder or offeror is not a responsible bidder or offeror. Thewritten protest shall include the basis for the protest and the reliefsought. The public body or designated official shall issue a decision inwriting within ten days stating the reasons for the action taken. Thisdecision shall be final unless the bidder or offeror appeals within ten daysof receipt of the written 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. Nothing in thissubsection shall be construed to permit a bidder to challenge the validity ofthe terms or conditions of the Invitation to Bid or Request for Proposal.
B. If prior to an award it is determined that the decision to award isarbitrary or capricious, then the sole relief shall be a finding to thateffect. The public body shall cancel the proposed award or revise it tocomply with the law. If, after an award, it is determined that an award of acontract was arbitrary or capricious, then the sole relief shall be ashereinafter provided.
Where the award has been made but performance has not begun, the performanceof the contract may be enjoined. Where the award has been made andperformance has begun, the public body may declare the contract void upon afinding that this action is in the best interest of the public. Where acontract is declared void, the performing contractor shall be compensated forthe cost of performance up to the time of such declaration. In no event shallthe performing contractor be entitled to lost profits.
C. Where a public body, an official designated by that public body, or anappeals board determines, after a hearing held following reasonable notice toall bidders, that there is probable cause to believe that a decision to awardwas based on fraud or corruption or on an act in violation of Article 6 (§2.2-4367 et seq.) of this chapter, the public body, designated official orappeals board may enjoin the award of the contract to a particular bidder.
(1982, c. 647, § 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001, c.844.)
§ 2.2-4360. Protest of award or decision to award.
A. Any bidder or offeror, who desires to protest the award or decision toaward a contract shall submit the protest in writing to the public body, oran official designated by the public body, no later than ten days after theaward or the announcement of the decision to award, whichever occurs first.Public notice of the award or the announcement of the decision to award shallbe given by the public body in the manner prescribed in the terms orconditions of the Invitation to Bid or Request for Proposal. Any potentialbidder or offeror on a contract negotiated on a sole source or emergencybasis who desires to protest the award or decision to award such contractshall submit the protest in the same manner no later than ten days afterposting or publication of the notice of such contract as provided in §2.2-4303. However, if the protest of any actual or potential bidder orofferor depends in whole or in part upon information contained in publicrecords pertaining to the procurement transaction that are subject toinspection under § 2.2-4342, then the time within which the protest shall besubmitted shall expire ten days after those records are available forinspection by such bidder or offeror under § 2.2-4342, or at such later timeas provided in this section. No protest shall lie for a claim that theselected bidder or offeror is not a responsible bidder or offeror. Thewritten protest shall include the basis for the protest and the reliefsought. The public body or designated official shall issue a decision inwriting within ten days stating the reasons for the action taken. Thisdecision shall be final unless the bidder or offeror appeals within ten daysof receipt of the written 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. Nothing in thissubsection shall be construed to permit a bidder to challenge the validity ofthe terms or conditions of the Invitation to Bid or Request for Proposal.
B. If prior to an award it is determined that the decision to award isarbitrary or capricious, then the sole relief shall be a finding to thateffect. The public body shall cancel the proposed award or revise it tocomply with the law. If, after an award, it is determined that an award of acontract was arbitrary or capricious, then the sole relief shall be ashereinafter provided.
Where the award has been made but performance has not begun, the performanceof the contract may be enjoined. Where the award has been made andperformance has begun, the public body may declare the contract void upon afinding that this action is in the best interest of the public. Where acontract is declared void, the performing contractor shall be compensated forthe cost of performance up to the time of such declaration. In no event shallthe performing contractor be entitled to lost profits.
C. Where a public body, an official designated by that public body, or anappeals board determines, after a hearing held following reasonable notice toall bidders, that there is probable cause to believe that a decision to awardwas based on fraud or corruption or on an act in violation of Article 6 (§2.2-4367 et seq.) of this chapter, the public body, designated official orappeals board may enjoin the award of the contract to a particular bidder.
(1982, c. 647, § 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001, c.844.)
§ 2.2-4360. Protest of award or decision to award.
A. Any bidder or offeror, who desires to protest the award or decision toaward a contract shall submit the protest in writing to the public body, oran official designated by the public body, no later than ten days after theaward or the announcement of the decision to award, whichever occurs first.Public notice of the award or the announcement of the decision to award shallbe given by the public body in the manner prescribed in the terms orconditions of the Invitation to Bid or Request for Proposal. Any potentialbidder or offeror on a contract negotiated on a sole source or emergencybasis who desires to protest the award or decision to award such contractshall submit the protest in the same manner no later than ten days afterposting or publication of the notice of such contract as provided in §2.2-4303. However, if the protest of any actual or potential bidder orofferor depends in whole or in part upon information contained in publicrecords pertaining to the procurement transaction that are subject toinspection under § 2.2-4342, then the time within which the protest shall besubmitted shall expire ten days after those records are available forinspection by such bidder or offeror under § 2.2-4342, or at such later timeas provided in this section. No protest shall lie for a claim that theselected bidder or offeror is not a responsible bidder or offeror. Thewritten protest shall include the basis for the protest and the reliefsought. The public body or designated official shall issue a decision inwriting within ten days stating the reasons for the action taken. Thisdecision shall be final unless the bidder or offeror appeals within ten daysof receipt of the written 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. Nothing in thissubsection shall be construed to permit a bidder to challenge the validity ofthe terms or conditions of the Invitation to Bid or Request for Proposal.
B. If prior to an award it is determined that the decision to award isarbitrary or capricious, then the sole relief shall be a finding to thateffect. The public body shall cancel the proposed award or revise it tocomply with the law. If, after an award, it is determined that an award of acontract was arbitrary or capricious, then the sole relief shall be ashereinafter provided.
Where the award has been made but performance has not begun, the performanceof the contract may be enjoined. Where the award has been made andperformance has begun, the public body may declare the contract void upon afinding that this action is in the best interest of the public. Where acontract is declared void, the performing contractor shall be compensated forthe cost of performance up to the time of such declaration. In no event shallthe performing contractor be entitled to lost profits.
C. Where a public body, an official designated by that public body, or anappeals board determines, after a hearing held following reasonable notice toall bidders, that there is probable cause to believe that a decision to awardwas based on fraud or corruption or on an act in violation of Article 6 (§2.2-4367 et seq.) of this chapter, the public body, designated official orappeals board may enjoin the award of the contract to a particular bidder.
(1982, c. 647, § 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001, c.844.)
