STATE STATUTES & CODES
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VIRGINIA STATUTES AND CODES
2.2-4357 - Ineligibility.
§ 2.2-4357. Ineligibility.
A. Any bidder, offeror or contractor refused permission to participate, ordisqualified from participation, in public contracts shall be notified inwriting. Prior to the issuance of a written determination of disqualificationor ineligibility, the public body shall (i) notify the bidder in writing ofthe results of the evaluation, (ii) disclose the factual support for thedetermination, and (iii) allow the bidder an opportunity to inspect anydocuments that relate to the determination, if so requested by the bidderwithin five business days after receipt of the notice.
Within ten business days after receipt of the notice, the bidder may submitrebuttal information challenging the evaluation. The public body shall issueits written determination of disqualification or ineligibility based on allinformation in the possession of the public body, including any rebuttalinformation, within five business days of the date the public body receivedsuch rebuttal information.
If the evaluation reveals that the bidder, offeror or contractor should beallowed permission to participate in the public contract, the public bodyshall cancel the proposed disqualification action. If the evaluation revealsthat the bidder should be refused permission to participate, or disqualifiedfrom participation, in the public contract, the public body shall so notifythe bidder, offeror or contractor. The notice shall state the basis for thedetermination, which shall be final unless the bidder appeals the decisionwithin ten days after receipt of the notice by invoking administrativeprocedures meeting the standards of § 2.2-4365, if available, or in thealternative by instituting legal action as provided in § 2.2-4364.
B. If, upon appeal, it is determined that the action taken was arbitrary orcapricious, or not in accordance with the Constitution of Virginia,applicable state law or regulations, the sole relief shall be restoration ofeligibility.
(1982, c. 647, § 11-63; 1998, c. 753; 2001, c. 844.)