{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4358.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4358.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4358.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4358.html"}],"law_id":55710,"edition_id":1,"section_id":55710,"structure_id":14376,"section_number":"2.2-4358","catch_line":"Appeal of denial of withdrawal of bid","history":"1982, c. 647, \u00a7 11-64; 1985, c. 164; 1999, c. 1008; 2001, c. 844.","full_text":"A\n\nA decision denying withdrawal of bid under the provisions of § 2.2-4330 shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision 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 no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of § 2.2-4330, prior to appealing, shall deliver to the public body a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next low bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid.C\n\nIf, upon appeal, it is determined that the decision refusing withdrawal of the bid was not (i) an honest exercise of discretion, but rather was arbitrary or capricious or (ii) 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.","order_by":null,"text":{"0":{"id":204189,"text":"A decision denying withdrawal of bid under the provisions of § 2.2-4330 shall be final and conclusive unless the bidder appeals the decision within ten days after receipt of the decision 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":204190,"text":"If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of § 2.2-4330, prior to appealing, shall deliver to the public body a certified check or cash bond in the amount of the difference between the bid sought to be withdrawn and the next low bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204191,"text":"If, upon appeal, it is determined that the decision refusing withdrawal of the bid was not (i) an honest exercise of discretion, but rather was arbitrary or capricious or (ii) 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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 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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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4358\/","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 3 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 1985, chapter 164; in 1999, chapter 1008<\/a>; in 2001, chapter 844<\/a>.<\/p>","references":[{"id":67358,"section_number":"2.2-4364","catch_line":"Legal actions","order_by":null,"url":"\/2.2-4364\/"}],"refers_to":[{"id":73315,"section_number":"2.2-4330","catch_line":"Withdrawal of bid due to error","order_by":null,"url":"\/2.2-4330\/"},{"id":79234,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","order_by":null,"url":"\/2.2-4365\/"}],"permalink":{"id":177329,"object_type":"law","relational_id":55710,"identifier":"2.2-4358","token":"2.2\/II\/B\/43\/5\/2.2-4358","url":"\/2.2-4358\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4358\/","token":"2.2\/II\/B\/43\/5\/2.2-4358","dublin_core":{"Title":"Appeal of denial of withdrawal of bid","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4358","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A decision denying withdrawal of bid under the provisions of § 2.2-4330<\/a> shall be final and conclusive unless the bidder appeals<\/span> the decision within ten days after receipt of the decision 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 no bid bond<\/span> was posted, a bidder refused withdrawal of a bid under the provisions of § 2.2-4330<\/a>, prior to appealing, shall deliver to the public body<\/span> a certified check or cash bond<\/span> in the amount of the difference between the bid sought to be withdrawn and the next low bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If, upon appeal<\/span>, it is determined that the decision refusing withdrawal of the bid was not (i) an honest exercise of discretion, but rather was arbitrary or capricious or (ii) in accordance with the Constitution of Virginia, applicable state law<\/span> or regulation, or the terms or conditions of the Invitation to Bid, the sole relief shall be withdrawal of the bid. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL OF DENIAL OF WITHDRAWAL OF BID (\u00a7 2.2-4358)\n\nA. A decision denying withdrawal of bid under the provisions of § 2.2-4330\nshall be final and conclusive unless the bidder appeals the decision within ten\ndays after receipt of the decision by invoking administrative procedures meeting\nthe standards of § 2.2-4365, if available, or in the alternative by\ninstituting legal action as provided in § 2.2-4364.\n\nB. If no bid bond was posted, a bidder refused withdrawal of a bid under the\nprovisions of § 2.2-4330, prior to appealing, shall deliver to the public\nbody a certified check or cash bond in the amount of the difference between the\nbid sought to be withdrawn and the next low bid. Such security shall be released\nonly upon a final determination that the bidder was entitled to withdraw the\nbid.\n\nC. If, upon appeal, it is determined that the decision refusing withdrawal of\nthe bid was not (i) an honest exercise of discretion, but rather was arbitrary\nor capricious or (ii) in accordance with the Constitution of Virginia,\napplicable state law or regulation, or the terms or conditions of the Invitation\nto Bid, the sole relief shall be withdrawal of the bid.\n\nHISTORY: 1982, c. 647, \u00a7 11-64; 1985, c. 164; 1999, c. 1008; 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}}