§ 2-339. Protest of award or decision to award.

(a)

Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the council or designated official, no later than ten days after 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 council or designated official shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten days of the written decision by invoking administrative procedures meeting the standards of this division.

(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 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 council or designated official 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 council or designated official or appeals board 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 6 of this article, the council or designated official, or appeals board may enjoin the award of the contract to a particular bidder.

(Code 1972, § 2-227)

State Law reference— Protest of award or decision to award, Code of Virginia, § 11-66.

(Code 1972, § 2-227)

State law reference

Protest of award or decision to award, Code of Virginia, § 11-66.