[Code 1991, § 2-391]
A.
Any bidder, offeror, or contractor refused permission to or disqualified from participating in public contracts shall be notified in writing. Such notice shall state the reasons for the action taken. This decision shall be final unless the bidder, offeror, or contractor appeals to the circuit court within 10 days of receipt pursuant to § 2-436.
B.
If, upon appeal, it is determined that the action taken was arbitrary
or capricious, or not in accordance with the Constitution of Virginia,
statutes or regulations, the sole relief shall be restoration of eligibility.
[Code 1991, § 2-392]
A.
A decision denying withdrawal of bid under the provisions of Division 2 of this article shall be final and conclusive unless the bidder appeals the decision to the circuit court within 10 days after receipt of the decision pursuant to § 2-436.
B.
If no bid bond was posted, a bidder refused withdrawal of a bid under
the provisions of Division 2 of this article, prior to appealing,
shall deliver to the City Manager a certified check or cash bond in
the amount of the difference between the bid sought to be withdrawn
and the next lowest bid. Such security shall be released only upon
a final determination that the bidder was entitled to withdraw the
bid.
C.
If, upon appeal, it is determined that the decision refusing withdrawal
of the bid was arbitrary or capricious, the sole relief shall be withdrawal
of the bid.
[Code 1991, § 2-393]
A.
Any bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder for a particular contract shall be notified in writing. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision to the circuit court within 10 days pursuant to § 2-436.
B.
A bidder contesting a determination that he is not a responsible bidder for a particular contract shall proceed under this section and may not protest the award or proposed award under § 2-434.
C.
If, upon appeal, it is determined that the decision of the City Manager was arbitrary or capricious, and the award of the contract in question has not been made, the sole relief will be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of the City Manager was arbitrary or capricious, and the award of the contract in question has been made, the relief shall be as set forth in § 2-434.
[Code 1991, § 2-394]
A.
Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the City Manager no later than 10 days after the award or the announcement of the decision to award, whichever occurs first. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than 10 days after posting or publication of the notice of such contract. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspection under Code of Virginia, § 2.2-4342, then the time within which the protest must be submitted shall expire 10 days after those records are available for inspection by such bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The City Manager shall issue a decision in writing within 10 days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within 10 days of the written decision pursuant to § 2-436C.
B.
If prior to an award it is determined that the decision to award
is arbitrary or capricious, then the sole relief shall be a finding
to that effect. The City Manager shall cancel the proposed award or
revise it to comply with the law. If, after an award, it is determined
that an award of a contract was arbitrary or capricious, then the
sole relief shall be as provided in this section. Where the award
has been made but performance has not begun, the performance of the
contract may be enjoined. Where the award has been made and performance
has begun, the City Manager may declare the contract void upon a finding
that this action is in the best interest of the public. Where a contract
is declared void, the performing contractor shall be compensated for
the cost of performance up to the time of such declaration. In no
event shall the performing contractor be entitled to lost profits.
C.
Where the City Manager determines, after a hearing held following
reasonable notice to all bidders, that there is probable cause to
believe that a decision to award was based on fraud or corruption
or on an act in violation of Division 5 of this article, the City
Manager may enjoin the award of the contract to a particular bidder.
[Code 1991, § 2-395]
Pending final determination of a protest or appeal, the validity
of a contract awarded and accepted in good faith in accordance with
this article shall not be affected by the fact that a protest or appeal
has been filed.
A.
A bidder or offeror, actual or prospective, who is refused permission or disqualified from participation in bidding or competitive negotiation, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the circuit court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was not an honest exercise of discretion, but rather was arbitrary or capricious. If the apparent low bidder, having been previously determined by the City Council to be not responsible in accordance with § 2-341, is found by the court to be a responsible bidder, the court may direct the City Council to award the contract to such bidder in accordance with the requirements of this section and the invitation to bid.
B.
A bidder denied withdrawal of a bid under § 2-432 may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the bidder establishes that the decision of the City Council was not an honest exercise of discretion, but rather was arbitrary or capricious.
C.
A bidder, offeror or contractor, or a potential bidder or offeror on a contract negotiated on a sole source or emergency basis in the manner provided in § 2-361, whose protest of an award or decision to award under § 2-434 is denied, may bring an action in the appropriate circuit court challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious.
D.
If injunctive relief is granted, the court, upon request of the City
Council, shall require the posting of reasonable security to protect
the City Council.
E.
A contractor may bring an action involving a contract dispute with
the City Council in the circuit court.
F.
A bidder, offeror or contractor need not utilize administrative procedures
meeting the standards of Code of Virginia, § 2.2-4365, if
available, but if those procedures are invoked by the bidder, offeror
or contractor, the procedures shall be exhausted prior to instituting
legal action concerning the same procurement transaction unless the
City Council agrees otherwise.
G.
Nothing in this section shall be construed to prevent the City Council
from instituting legal action against a contractor.
