{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4357.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4357.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4357.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4357.html"}],"law_id":60959,"edition_id":1,"section_id":60959,"structure_id":14376,"section_number":"2.2-4357","catch_line":"Ineligibility","history":"1982, c. 647, \u00a7 11-63; 1998, c. 753; 2001, c. 844.","full_text":"A\n\nAny bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts shall be notified in writing. Prior to the issuance of a written determination of disqualification or ineligibility, the public body shall (i) notify the bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) 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.\n\t\t\tWithin ten business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The public body shall issue its written determination of disqualification or ineligibility based on all information in the possession of the public body, including any rebuttal information, within five business days of the date the public body received such rebuttal information.\n\t\t\tIf the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the public body 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 public body 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 ten days after receipt of the notice by invoking administrative procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364.B\n\nIf, 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.","order_by":null,"text":{"0":{"id":222926,"text":"Any bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts shall be notified in writing. Prior to the issuance of a written determination of disqualification or ineligibility, the public body shall (i) notify the bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) 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.\n\t\t\tWithin ten business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The public body shall issue its written determination of disqualification or ineligibility based on all information in the possession of the public body, including any rebuttal information, within five business days of the date the public body received such rebuttal information.\n\t\t\tIf the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the public body 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 public body 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 ten days after receipt of the notice by invoking administrative procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222927,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14376,"edition_id":1,"name":"Remedies","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:47:56","date_modified":"2026-06-26 03:47:56","permalink":{"id":177323,"object_type":"structure","relational_id":14376,"identifier":"5","token":"2.2\/II\/B\/43\/5","url":"\/2.2\/II\/B\/43\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12752,"edition_id":1,"name":"Virginia Public Procurement Act","identifier":"43","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176989,"object_type":"structure","relational_id":12752,"identifier":"43","token":"2.2\/II\/B\/43","url":"\/2.2\/II\/B\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60959,"structure_id":14376,"section_number":"2.2-4357","catch_line":"Ineligibility","url":"\/2.2-4357\/","token":"2.2\/II\/B\/43\/5\/2.2-4357","metadata":false},{"id":55710,"structure_id":14376,"section_number":"2.2-4358","catch_line":"Appeal of denial of withdrawal of bid","url":"\/2.2-4358\/","token":"2.2\/II\/B\/43\/5\/2.2-4358","metadata":false},{"id":74014,"structure_id":14376,"section_number":"2.2-4359","catch_line":"Determination of nonresponsibility","url":"\/2.2-4359\/","token":"2.2\/II\/B\/43\/5\/2.2-4359","metadata":false},{"id":65336,"structure_id":14376,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","url":"\/2.2-4360\/","token":"2.2\/II\/B\/43\/5\/2.2-4360","metadata":false},{"id":65770,"structure_id":14376,"section_number":"2.2-4361","catch_line":"Effect of appeal upon contract","url":"\/2.2-4361\/","token":"2.2\/II\/B\/43\/5\/2.2-4361","metadata":false},{"id":64199,"structure_id":14376,"section_number":"2.2-4362","catch_line":"Stay of award during protest","url":"\/2.2-4362\/","token":"2.2\/II\/B\/43\/5\/2.2-4362","metadata":false},{"id":81984,"structure_id":14376,"section_number":"2.2-4363","catch_line":"Contractual disputes","url":"\/2.2-4363\/","token":"2.2\/II\/B\/43\/5\/2.2-4363","metadata":false},{"id":67358,"structure_id":14376,"section_number":"2.2-4364","catch_line":"Legal actions","url":"\/2.2-4364\/","token":"2.2\/II\/B\/43\/5\/2.2-4364","metadata":false},{"id":79234,"structure_id":14376,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","url":"\/2.2-4365\/","token":"2.2\/II\/B\/43\/5\/2.2-4365","metadata":false},{"id":67052,"structure_id":14376,"section_number":"2.2-4366","catch_line":"Alternative dispute resolution","url":"\/2.2-4366\/","token":"2.2\/II\/B\/43\/5\/2.2-4366","metadata":false}],"next_section":{"id":55710,"structure_id":14376,"section_number":"2.2-4358","catch_line":"Appeal of denial of withdrawal of bid","url":"\/2.2-4358\/","token":"2.2\/II\/B\/43\/5\/2.2-4358","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4357\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 647 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1998, chapter 753<\/a>; in 2001, chapter 844<\/a>.<\/p>","references":[{"id":62909,"section_number":"2.2-4321.1","catch_line":"Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedies","order_by":null,"url":"\/2.2-4321.1\/"},{"id":62780,"section_number":"2.2-4346","catch_line":"Other exemptions for certain transactions","order_by":null,"url":"\/2.2-4346\/"},{"id":55607,"section_number":"24.2-602","catch_line":"Exemption for ballots and election materials from certain purchasing and procurement requirements","order_by":null,"url":"\/24.2-602\/"},{"id":69813,"section_number":"3.2-3006","catch_line":"Revenue-producing activities of the Wine Board","order_by":null,"url":"\/3.2-3006\/"},{"id":81075,"section_number":"3.2-3013","catch_line":"Revenue-producing activities of the Board","order_by":null,"url":"\/3.2-3013\/"}],"refers_to":[{"id":79234,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","order_by":null,"url":"\/2.2-4365\/"}],"permalink":{"id":177325,"object_type":"law","relational_id":60959,"identifier":"2.2-4357","token":"2.2\/II\/B\/43\/5\/2.2-4357","url":"\/2.2-4357\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4357\/","token":"2.2\/II\/B\/43\/5\/2.2-4357","dublin_core":{"Title":"Ineligibility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4357","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any bidder, offeror<\/span> or contractor refused permission to participate, or disqualified from participation, in public contracts<\/span> shall be notified in writing. Prior to the issuance of a written determination of disqualification or ineligibility, the public body<\/span> shall (i) notify the bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business<\/span> days after receipt of the notice.\n\t\t\tWithin ten business<\/span> days after receipt of the notice, the bidder may submit rebuttal<\/span> information challenging the evaluation. The public body<\/span> shall issue<\/span> its written determination of disqualification or ineligibility based on all information in the possession<\/span> of the public body<\/span>, including any rebuttal<\/span> information, within five business<\/span> days of the date the public body<\/span> received such rebuttal<\/span> information.\n\t\t\tIf the evaluation reveals that the bidder, offeror<\/span> or contractor should be allowed permission to participate in the public contract<\/span>, the public body<\/span> 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<\/span>, the public body<\/span> shall so notify the bidder, offeror<\/span> or contractor. The notice shall state the basis for the determination, which shall be final unless the bidder appeals<\/span> the decision within ten days after receipt of the notice by invoking administrative procedures meeting the standards of § 2.2-4365<\/a>, if available, or in the alternative by instituting legal action as provided in § 2.2-4364<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, upon appeal<\/span>, it is determined that the action taken was arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law<\/span> or regulations, the sole relief shall be restoration of eligibility. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINELIGIBILITY (\u00a7 2.2-4357)\n\nA. Any bidder, offeror or contractor refused permission to participate, or\ndisqualified from participation, in public contracts shall be notified in\nwriting. Prior to the issuance of a written determination of disqualification or\nineligibility, the public body shall (i) notify the bidder in writing of the\nresults of the evaluation, (ii) disclose the factual support for the\ndetermination, and (iii) allow the bidder an opportunity to inspect any\ndocuments that relate to the determination, if so requested by the bidder within\nfive business days after receipt of the notice.\n\t\t\tWithin ten business days after receipt of the notice, the bidder may submit\nrebuttal information challenging the evaluation. The public body shall issue its\nwritten determination of disqualification or ineligibility based on all\ninformation in the possession of the public body, including any rebuttal\ninformation, within five business days of the date the public body received such\nrebuttal information.\n\t\t\tIf the evaluation reveals that the bidder, offeror or contractor should be\nallowed permission to participate in the public contract, the public body shall\ncancel the proposed disqualification action. If the evaluation reveals that the\nbidder should be refused permission to participate, or disqualified from\nparticipation, in the public contract, the public body shall so notify the\nbidder, offeror or contractor. The notice shall state the basis for the\ndetermination, which shall be final unless the bidder appeals the decision\nwithin ten days after receipt of the notice by invoking administrative\nprocedures meeting the standards of § 2.2-4365, if available, or in the\nalternative by instituting legal action as provided in § 2.2-4364.\n\nB. If, upon appeal, it is determined that the action taken was arbitrary or\ncapricious, or not in accordance with the Constitution of Virginia, applicable\nstate law or regulations, the sole relief shall be restoration of eligibility.\n\nHISTORY: 1982, c. 647, \u00a7 11-63; 1998, c. 753; 2001, c. 844.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}