A. A bidder or offeror, actual or prospective, who is refused permission ordisqualified from participation in bidding or competitive negotiation, or whois determined not to be a responsible bidder or offeror for a particularcontract, may bring an action in the appropriate circuit court challengingthat decision, which shall be reversed only if the petitioner establishesthat the decision was not (i) an honest exercise of discretion, but ratherwas arbitrary or capricious; (ii) in accordance with the Constitution ofVirginia, applicable state law or regulation, or the terms or conditions ofthe Invitation to Bid; or (iii) in the case of denial of prequalification,based upon the criteria for denial of prequalification set forth insubsection B of § 2.2-4317. In the event the apparent low bidder, having beenpreviously determined by the public body to be not responsible in accordancewith § 2.2-4301, is found by the court to be a responsible bidder, the courtmay direct the public body to award the contract to such bidder in accordancewith the requirements of this section and the Invitation to Bid.
B. A bidder denied withdrawal of a bid under § 2.2-4358 may bring an actionin the appropriate circuit court challenging that decision, which shall bereversed only if the bidder establishes that the decision of the public bodywas not (i) an honest exercise of discretion, but rather was arbitrary orcapricious or (ii) in accordance with the Constitution of Virginia,applicable state law or regulation, or the terms or conditions of theInvitation to Bid.
C. A bidder, offeror or contractor, or a potential bidder or offeror on acontract negotiated on a sole source or emergency basis in the mannerprovided in § 2.2-4303, whose protest of an award or decision to award under§ 2.2-4360 is denied, may bring an action in the appropriate circuit courtchallenging a proposed award or the award of a contract, which shall bereversed only if the petitioner establishes that the proposed award or theaward is not (i) an honest exercise of discretion, but rather is arbitrary orcapricious or (ii) in accordance with the Constitution of Virginia,applicable state law or regulation, or the terms and conditions of theInvitation to Bid or Request for Proposal.
D. If injunctive relief is granted, the court, upon request of the publicbody, shall require the posting of reasonable security to protect the publicbody.
E. A contractor may bring an action involving a contract dispute with apublic body in the appropriate circuit court. Notwithstanding any otherprovision of law, the Comptroller shall not be named as a defendant in anyaction brought pursuant to this chapter or § 33.1-387, except for disputesinvolving contracts of the Office of the Comptroller or the Department ofAccounts.
F. A bidder, offeror or contractor need not utilize administrative proceduresmeeting the standards of § 2.2-4365, if available, but if those proceduresare invoked by the bidder, offeror or contractor, the procedures shall beexhausted prior to instituting legal action concerning the same procurementtransaction unless the public body agrees otherwise.
G. Nothing herein shall be construed to prevent a public body frominstituting legal action against a contractor.
(1982, c. 647, § 11-70; 1985, c. 164; 1994, c. 918; 1995, c. 527; 1997, c.864; 1998, cc. 205, 753; 1999, c. 1008; 2001, c. 844.)
A. A bidder or offeror, actual or prospective, who is refused permission ordisqualified from participation in bidding or competitive negotiation, or whois determined not to be a responsible bidder or offeror for a particularcontract, may bring an action in the appropriate circuit court challengingthat decision, which shall be reversed only if the petitioner establishesthat the decision was not (i) an honest exercise of discretion, but ratherwas arbitrary or capricious; (ii) in accordance with the Constitution ofVirginia, applicable state law or regulation, or the terms or conditions ofthe Invitation to Bid; or (iii) in the case of denial of prequalification,based upon the criteria for denial of prequalification set forth insubsection B of § 2.2-4317. In the event the apparent low bidder, having beenpreviously determined by the public body to be not responsible in accordancewith § 2.2-4301, is found by the court to be a responsible bidder, the courtmay direct the public body to award the contract to such bidder in accordancewith the requirements of this section and the Invitation to Bid.
B. A bidder denied withdrawal of a bid under § 2.2-4358 may bring an actionin the appropriate circuit court challenging that decision, which shall bereversed only if the bidder establishes that the decision of the public bodywas not (i) an honest exercise of discretion, but rather was arbitrary orcapricious or (ii) in accordance with the Constitution of Virginia,applicable state law or regulation, or the terms or conditions of theInvitation to Bid.
C. A bidder, offeror or contractor, or a potential bidder or offeror on acontract negotiated on a sole source or emergency basis in the mannerprovided in § 2.2-4303, whose protest of an award or decision to award under§ 2.2-4360 is denied, may bring an action in the appropriate circuit courtchallenging a proposed award or the award of a contract, which shall bereversed only if the petitioner establishes that the proposed award or theaward is not (i) an honest exercise of discretion, but rather is arbitrary orcapricious or (ii) in accordance with the Constitution of Virginia,applicable state law or regulation, or the terms and conditions of theInvitation to Bid or Request for Proposal.
D. If injunctive relief is granted, the court, upon request of the publicbody, shall require the posting of reasonable security to protect the publicbody.
E. A contractor may bring an action involving a contract dispute with apublic body in the appropriate circuit court. Notwithstanding any otherprovision of law, the Comptroller shall not be named as a defendant in anyaction brought pursuant to this chapter or § 33.1-387, except for disputesinvolving contracts of the Office of the Comptroller or the Department ofAccounts.
F. A bidder, offeror or contractor need not utilize administrative proceduresmeeting the standards of § 2.2-4365, if available, but if those proceduresare invoked by the bidder, offeror or contractor, the procedures shall beexhausted prior to instituting legal action concerning the same procurementtransaction unless the public body agrees otherwise.
G. Nothing herein shall be construed to prevent a public body frominstituting legal action against a contractor.
(1982, c. 647, § 11-70; 1985, c. 164; 1994, c. 918; 1995, c. 527; 1997, c.864; 1998, cc. 205, 753; 1999, c. 1008; 2001, c. 844.)
A. A bidder or offeror, actual or prospective, who is refused permission ordisqualified from participation in bidding or competitive negotiation, or whois determined not to be a responsible bidder or offeror for a particularcontract, may bring an action in the appropriate circuit court challengingthat decision, which shall be reversed only if the petitioner establishesthat the decision was not (i) an honest exercise of discretion, but ratherwas arbitrary or capricious; (ii) in accordance with the Constitution ofVirginia, applicable state law or regulation, or the terms or conditions ofthe Invitation to Bid; or (iii) in the case of denial of prequalification,based upon the criteria for denial of prequalification set forth insubsection B of § 2.2-4317. In the event the apparent low bidder, having beenpreviously determined by the public body to be not responsible in accordancewith § 2.2-4301, is found by the court to be a responsible bidder, the courtmay direct the public body to award the contract to such bidder in accordancewith the requirements of this section and the Invitation to Bid.
B. A bidder denied withdrawal of a bid under § 2.2-4358 may bring an actionin the appropriate circuit court challenging that decision, which shall bereversed only if the bidder establishes that the decision of the public bodywas not (i) an honest exercise of discretion, but rather was arbitrary orcapricious or (ii) in accordance with the Constitution of Virginia,applicable state law or regulation, or the terms or conditions of theInvitation to Bid.
C. A bidder, offeror or contractor, or a potential bidder or offeror on acontract negotiated on a sole source or emergency basis in the mannerprovided in § 2.2-4303, whose protest of an award or decision to award under§ 2.2-4360 is denied, may bring an action in the appropriate circuit courtchallenging a proposed award or the award of a contract, which shall bereversed only if the petitioner establishes that the proposed award or theaward is not (i) an honest exercise of discretion, but rather is arbitrary orcapricious or (ii) in accordance with the Constitution of Virginia,applicable state law or regulation, or the terms and conditions of theInvitation to Bid or Request for Proposal.
D. If injunctive relief is granted, the court, upon request of the publicbody, shall require the posting of reasonable security to protect the publicbody.
E. A contractor may bring an action involving a contract dispute with apublic body in the appropriate circuit court. Notwithstanding any otherprovision of law, the Comptroller shall not be named as a defendant in anyaction brought pursuant to this chapter or § 33.1-387, except for disputesinvolving contracts of the Office of the Comptroller or the Department ofAccounts.
F. A bidder, offeror or contractor need not utilize administrative proceduresmeeting the standards of § 2.2-4365, if available, but if those proceduresare invoked by the bidder, offeror or contractor, the procedures shall beexhausted prior to instituting legal action concerning the same procurementtransaction unless the public body agrees otherwise.
G. Nothing herein shall be construed to prevent a public body frominstituting legal action against a contractor.
(1982, c. 647, § 11-70; 1985, c. 164; 1994, c. 918; 1995, c. 527; 1997, c.864; 1998, cc. 205, 753; 1999, c. 1008; 2001, c. 844.)
