A. 
Any bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts shall be notified in writing.
(1) 
Prior to the issuance of a written determination of disqualification or ineligibility, the Purchasing Agent shall:
(a) 
Notify the bidder in writing of the results of the evaluation;
(b) 
Disclose the factual support for the determination; and
(c) 
Allow the bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business days after receipt of the notice.
(2) 
Within 10 business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The Purchasing Agent shall issue its written determination of disqualification or ineligibility based on all information in its possession, including any rebuttal information, within five business days of the date the Purchasing Agent received such rebuttal information.
(3) 
If the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the Purchasing Agent shall cancel the proposed disqualification action. If the evaluation reveals that the bidder should be refused permission to participate, or be disqualified from participation, in the public contract, the Purchasing Agent shall so notify the bidder, offeror or contractor. The notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within 10 days after receipt of the notice by invoking the administrative appeal procedure provided in § 38A-12.4 or instituting legal action as provided in § 38A-12.6 of this policy.
B. 
If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law or regulations, the sole relief shall be restoration of eligibility.
A. 
Any bidder or offeror may protest the award or decision to award a contract by submitting the protest in writing to the Purchasing Agent no later than 10 days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given in the manner prescribed in the terms or conditions of the invitation to bid or request for proposal. 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 the 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 that are subject to inspection, then the time within which the protest shall be submitted shall expire 10 days after those records are available for inspection by such bidder or offeror, or at such later time as provided in this section. The written protest shall include the basis for the protest and the relief sought. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The Purchasing Agent 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 by invoking the administrative procedures described in § 38A-12.4 or instituting legal action as provided in § 38A-12.6 of this policy. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the 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 is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Purchasing Agent 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 hereinafter provided. 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 Purchasing Agent 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 Purchasing Agent 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 Article XV, the Purchasing Agent may enjoin the award of the contract to a particular bidder.
D. 
An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
All contractual claims for money or other relief shall be adjudicated using the following procedure, which shall be included or incorporated by reference in every contract:
A. 
Notice. The contractor shall give written notice of his or her intention to file a contractual claim to the County Administrator at the time of the event or the beginning of the work upon which the claim is based.
B. 
Claim. Contractual claims must be submitted in writing to the County Administrator no later than 60 days after final payment.
C. 
Decision. The County Administrator or an authorized designee shall make a written decision addressing the claim within 90 days of submission.
D. 
Appeal. The decision of the County Administrator shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by invoking administrative procedures or instituting legal action. A contractor may not invoke administrative procedures or institute legal action prior to receipt of the County's decision on the claim, unless the County fails to render such decision within the time period specified in Subsection C.
A. 
Appealable decisions. Any contractor may appeal a decision on a contract claim. In addition, any bidder or offeror, or person debarred or denied prequalification, may appeal:
(1) 
An award or a decision to award a contract.
(2) 
A decision refusing to allow the withdrawal of the appellant's bid.
(3) 
A denial of the appellant's prequalification.
(4) 
The appellant's debarment.
(5) 
A determination of the appellant's nonresponsibility.
B. 
Appeals process. Any protest or appeal pursuant to this section shall be in accordance with the following administrative procedures:
(1) 
The appellant shall submit a written letter of appeal to the County Administrator within 10 days of the date of the decision being appealed. The letter of appeal must include the basis for the appeal and the relief sought, and whether the contractor wishes to have a hearing.
(2) 
If no hearing is requested, the County Administrator, or a designee, shall render a written decision within 10 days of receiving the letter of appeal.
(3) 
If a hearing is requested, it shall be held within 10 days of receipt of the letter of appeal, and a final decision shall be rendered within 10 days of the hearing. During the hearing, the appellant shall have the opportunity to present pertinent information and to cross-exam adverse witnesses. The hearing shall be an informal administrative proceeding rather than a judicial-type trial, and it will be conducted by a disinterested person appointed by the County Administrator and who is not an employee of the County.
C. 
Judicial review. Any party to the administrative procedure may institute judicial review within 30 days of receipt of the written decision. Findings of fact shall be final and conclusive and shall not be set aside unless the same are fraudulent or arbitrary or capricious, or so grossly erroneous as to imply bad faith. No determination of an issue of law shall be final if legal action is instituted in a timely manner.
Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this chapter 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 to participate or is disqualified from participating 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 appropriate circuit court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was:
(1) 
Not an honest exercise of discretion, but rather was arbitrary or capricious;
(2) 
Not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the invitation to bid; or
(3) 
In the case of denial of prequalification, based upon the criteria for denial of prequalification set forth in § 38A-4.2G of this policy.
B. 
A bidder denied withdrawal of a bid under this policy 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 public body was:
(1) 
Not an honest exercise of discretion, but rather was arbitrary or capricious; or
(2) 
Not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the invitation to bid.
C. 
A bidder, offeror or contractor, or a potential bidder or offeror on a contract negotiated on a sole-source or emergency basis whose protest of an award or decision to award under § 38A-12.2 of this policy 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:
(1) 
Not an honest exercise of discretion, but rather is arbitrary or capricious; or
(2) 
Not in accordance with the applicable law, regulations or the terms and conditions of the invitation to bid or request for proposal.
D. 
If injunctive relief is granted, the court, upon request of the County, shall require the posting of reasonable security to protect the County.
E. 
A contractor may bring an action involving a contract dispute with the County in the appropriate circuit court.
F. 
A bidder, offeror or contractor need not utilize administrative procedures provided in § 38A-12.4 of this policy, 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 County agrees otherwise.
G. 
Nothing herein shall be construed to prevent the County from instituting legal action against a contractor.