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Buchanan County, VA
 
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A. 
Any bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts shall be notified in writing. Prior to issuance of a written determination of disqualification or ineligibility, the County shall notify the bidder in writing of the results of the evaluation, disclose the factual support for the determination, and allow the bidder an opportunity to inspect any documents which relate to the determination, if so requested by the bidder within five business days after receipt of the notice. Within 10 business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The County shall issue its written determination of disqualification or ineligibility based on all information in the possession of the County, including any rebuttal information, within five business days of the date the County received such rebuttal information. If the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the County shall cancel the proposed disqualification action. If the evaluation reveals that the bidder should be refused permission to participate, or disqualified from participation, in the public contract, the County shall so notify the bidder, offeror or contractor. Such notice shall state the reasons for the action taken. This decision shall be final, unless the bidder, offeror or contractor appeals the decision within 10 days after receipt of the notice and institutes legal action as provided in § 16-67.
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.
[1]
Editor's Note: See Virginia Code § 2.2-4357.
A. 
A decision denying withdrawal of a bid under the provisions of § 16-34 shall be final and conclusive, unless the bidder institutes legal action as provided in § 16-67.
B. 
If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of § 16-34, prior to appealing, shall deliver to the purchasing agent a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next lowest bid.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 not an honest exercise of discretion, but rather was arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law or regulation or the terms or conditions of the invitation to bid, the sole relief shall be withdrawal of the bid.
[1]
Editor's Note: See Virginia Code § 2.2-4358.
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 institutes legal action as provided in § 16-67.
B. 
If, upon appeal, it is determined that the decision of nonresponsibility was arbitrary or capricious, and the award of the contract in question has not been made, the sole relief shall be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of nonresponsibility was arbitrary or capricious, and an award has been made, the relief shall be as set forth in § 16-62B.
C. 
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 § 16-62.
D. 
Nothing contained in this section shall be construed to require the County, when procuring by competitive negotiation, to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.
[1]
Editor's Note: See Virginia Code § 2.2-4359.
A. 
Any bidder or offeror may protest the award of, or decision to award, a contract by submitting such protest, in writing, to the purchasing agent no later than 10 days after public notice of the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The County 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 institutes legal action as provided in § 16-67.
B. 
If, prior to an award, it is determined by the County 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 terminated. Where the award has been made and the performance has begun, the County 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, liquidated damages or other monetary penalties.
C. 
Where the County 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 VIII of this policy, the County may revoke and avoid the award of the contract to a particular bidder.
[1]
Editor's Note: See Virginia Code § 2.2-4360.
Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this policy shall not be affected by the fact that a protest or appeal has been filed.
[1]
Editor's Note: See Virginia Code § 232-4361.
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.
[1]
Editor's Note: See Virginia Code § 2.2-4362.
A. 
Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after occurrence of the event giving rise to the claim. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.
B. 
A procedure for consideration of contractual claims shall be included in each contract. Such procedure, which may be contained in the contract or may be specifically incorporated into the contract by reference, shall establish a time limit for final decision in writing by the County.
C. 
A contractor may not institute legal action as provided in § 16-67 prior to receipt of the decision on the claim, unless the County fails to render such decision within the time specified in the contract.
D. 
The decision of the County shall be final and conclusive, unless the contractor, within six months of the date of the final decision on the claim by the County, institutes legal action as provided in § 16-67.
[1]
Editor's Note: See Virginia Code § 2.2-4363.
Where disagreements exist between the purchasing agent and a vendor, the dispute shall be referred to the Board and its decision shall be final.
A. 
A bidder or offeror, actual or prospective, who is refused permission or 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 Circuit Court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was arbitrary or capricious.
B. 
A bidder denied withdrawal of a bid under § 16-34 may bring an action in the Circuit Court challenging that decision, which shall be reversed only if the bidder establishes that the decision of the County was clearly erroneous.
C. 
A bidder, offeror or contractor may bring an action in the Circuit Court of Buchanan County, 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 arbitrary or capricious or not in accordance with the Constitution of Virginia, statutes, regulations or the terms and conditions of the invitation to bid or request for proposals.
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 Circuit Court of Buchanan County, Virginia.
F. 
A bidder, offeror or contractor shall exhaust the administrative procedures of this article prior to instituting legal action concerning the same procurement transaction, unless the County agrees otherwise.
G. 
Any legal action pursuant to this section shall be instituted no later than six months following the decision of the County or such action shall be forever barred.
H. 
Nothing in this section shall be constructed to prevent the County from instituting legal action against a contractor.
[1]
Editor's Note: See Virginia Code § 2.2-4364.