{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4359.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4359.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4359.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4359.html"}],"law_id":74014,"edition_id":1,"section_id":74014,"structure_id":14376,"section_number":"2.2-4359","catch_line":"Determination of nonresponsibility","history":"1982, c. 647, \u00a7 11-65; 1997, c. 864; 1998, c. 753; 1999, c. 1008; 2001, c. 844; 2013, c. 583; 2020, cc. 176, 1089.","full_text":"A\n\nFollowing public opening and announcement of bids received on an Invitation to Bid, the public body shall evaluate the bids in accordance with element 4 of the process for competitive sealed bidding set forth in \u00a7 2.2-4302.1. At the same time, the public body shall determine whether the apparent low bidder is responsible. If the public body so determines, then it may proceed with an award in accordance with element 5 of the process for competitive sealed bidding set forth in \u00a7 2.2-4302.1. If the public body determines that the apparent low bidder is not responsible, it shall proceed as follows:1\n\nPrior to the issuance of a written determination of nonresponsibility, the public body shall (i) notify the apparent low bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low 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.2\n\nWithin 10 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 responsibility 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 the rebuttal information. At the same time, the public body shall notify, with return receipt requested, the bidder in writing of its determination.3\n\nSuch notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within 10 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.\n\t\t\t\tThe provisions of this subsection shall not apply to procurements involving the prequalification of bidders and the rights of any potential bidders under such prequalification to appeal a decision that such bidders are not responsible.B\n\nIf, upon appeal pursuant to § 2.2-4364 or 2.2-4365, it is determined that the decision of the public body 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, 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 or directed award as provided in subsection A of § 2.2-4364 or both.\n\t\t\tIf it is determined that the decision of the public body 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, and an award of the contract has been made, the relief shall be as set forth in subsection B of § 2.2-4360.C\n\nA 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 the provisions of § 2.2-4360.D\n\nNothing contained in this section shall be construed to require a public body, when procuring by competitive negotiation, to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.E\n\nAny determination that a low bidder is not responsible that uses such factors listed in the Invitation to Bid as a basis for its decision shall be presumptively considered an honest exercise of discretion.","order_by":null,"text":{"0":{"id":266225,"text":"Following public opening and announcement of bids received on an Invitation to Bid, the public body shall evaluate the bids in accordance with element 4 of the process for competitive sealed bidding set forth in \u00a7 2.2-4302.1. At the same time, the public body shall determine whether the apparent low bidder is responsible. If the public body so determines, then it may proceed with an award in accordance with element 5 of the process for competitive sealed bidding set forth in \u00a7 2.2-4302.1. If the public body determines that the apparent low bidder is not responsible, it shall proceed as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":266226,"text":"Prior to the issuance of a written determination of nonresponsibility, the public body shall (i) notify the apparent low bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low 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.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":266227,"text":"Within 10 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 responsibility 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 the rebuttal information. At the same time, the public body shall notify, with return receipt requested, the bidder in writing of its determination.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":266228,"text":"Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within 10 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.\n\t\t\t\tThe provisions of this subsection shall not apply to procurements involving the prequalification of bidders and the rights of any potential bidders under such prequalification to appeal a decision that such bidders are not responsible.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":266229,"text":"If, upon appeal pursuant to § 2.2-4364 or 2.2-4365, it is determined that the decision of the public body 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, 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 or directed award as provided in subsection A of § 2.2-4364 or both.\n\t\t\tIf it is determined that the decision of the public body 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, and an award of the contract has been made, the relief shall be as set forth in subsection B of § 2.2-4360.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":266230,"text":"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 the provisions of § 2.2-4360.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":266231,"text":"Nothing contained in this section shall be construed to require a public body, when procuring by competitive negotiation, to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":266232,"text":"Any determination that a low bidder is not responsible that uses such factors listed in the Invitation to Bid as a basis for its decision shall be presumptively considered an honest exercise of discretion.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4359\/","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 6 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 1997, chapter 864<\/a>; in 1998, chapter 753<\/a>; in 1999, chapter 1008<\/a>; in 2001, chapter 844<\/a>; in 2013, chapter 583<\/a>; in 2020, chapters 176<\/a> and 1089<\/a>.<\/p>","references":false,"refers_to":[{"id":61316,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","order_by":null,"url":"\/2.2-4302.1\/"},{"id":67358,"section_number":"2.2-4364","catch_line":"Legal actions","order_by":null,"url":"\/2.2-4364\/"},{"id":79234,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","order_by":null,"url":"\/2.2-4365\/"}],"permalink":{"id":177333,"object_type":"law","relational_id":74014,"identifier":"2.2-4359","token":"2.2\/II\/B\/43\/5\/2.2-4359","url":"\/2.2-4359\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4359\/","token":"2.2\/II\/B\/43\/5\/2.2-4359","dublin_core":{"Title":"Determination of nonresponsibility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4359","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Following public opening and announcement of bids received on an Invitation to Bid, the public body<\/span> shall evaluate the bids in accordance with element 4 of the process for competitive sealed<\/span> bidding set forth in \u00a7 2.2-4302.1<\/a>. At the same time, the public body<\/span> shall determine whether the apparent low bidder is responsible. If the public body<\/span> so determines, then it may proceed with an award in accordance with element 5 of the process for competitive sealed<\/span> bidding set forth in \u00a7 2.2-4302.1<\/a>. If the public body<\/span> determines that the apparent low bidder is not responsible, it shall proceed as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prior to the issuance of a written determination of nonresponsibility, the public body<\/span> shall (i) notify the apparent low bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Within 10 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 responsibility 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 the rebuttal<\/span> information. At the same time, the public body<\/span> shall notify, with return receipt requested, the bidder in writing of its determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such notice shall state the basis for the determination, which shall be final unless the bidder appeals<\/span> the decision within 10 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>.\n\t\t\t\tThe provisions of this subsection shall not apply to procurements involving the prequalification of bidders and the rights of any potential bidders under such prequalification to appeal<\/span> a decision that such bidders are not responsible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, upon appeal<\/span> pursuant to § 2.2-4364<\/a> or 2.2-4365<\/a>, it is determined that the decision of the public body<\/span> 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, and the award of the contract<\/span> in question has not been made, the sole relief shall be a finding<\/span> that the bidder is a responsible bidder<\/span> for the contract<\/span> in question or directed award as provided in subsection A of § 2.2-4364<\/a> or both.\n\t\t\tIf it is determined that the decision of the public body<\/span> 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<\/span> or regulation, or the terms or conditions of the Invitation to Bid, and an award of the contract<\/span> has been made, the relief shall be as set forth in subsection B of § 2.2-4360<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A bidder contesting a determination that he is not a responsible bidder<\/span> for a particular contract<\/span> shall proceed under this section, and may not protest the award or proposed award under the provisions of § 2.2-4360<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing contained in this section shall be construed to require a public body<\/span>, when procuring by competitive negotiation, to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any determination that a low bidder is not responsible that uses such factors listed in the Invitation to Bid as a basis for its decision shall be presumptively considered an honest exercise of discretion. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF NONRESPONSIBILITY (\u00a7 2.2-4359)\n\nA. Following public opening and announcement of bids received on an Invitation\nto Bid, the public body shall evaluate the bids in accordance with element 4 of\nthe process for competitive sealed bidding set forth in \u00a7 2.2-4302.1. At the\nsame time, the public body shall determine whether the apparent low bidder is\nresponsible. If the public body so determines, then it may proceed with an award\nin accordance with element 5 of the process for competitive sealed bidding set\nforth in \u00a7 2.2-4302.1. If the public body determines that the apparent low\nbidder is not responsible, it shall proceed as follows:\n\n 1. Prior to the issuance of a written determination of nonresponsibility, the\n public body shall (i) notify the apparent low bidder in writing of the results\n of the evaluation, (ii) disclose the factual support for the determination,\n and (iii) allow the apparent low bidder an opportunity to inspect any\n documents that relate to the determination, if so requested by the bidder\n within five business days after receipt of the notice.\n\n 2. Within 10 business days after receipt of the notice, the bidder may submit\n rebuttal information challenging the evaluation. The public body shall issue\n its written determination of responsibility based on all information in the\n possession of the public body, including any rebuttal information, within five\n business days of the date the public body received the rebuttal information.\n At the same time, the public body shall notify, with return receipt requested,\n the bidder in writing of its determination.\n\n 3. Such notice shall state the basis for the determination, which shall be\n final unless the bidder appeals the decision within 10 days after receipt of\n the notice by invoking administrative procedures meeting the standards of\n § 2.2-4365, if available, or in the alternative by instituting legal\n action as provided in § 2.2-4364.\n \t\t\t\tThe provisions of this subsection shall not apply to procurements\n involving the prequalification of bidders and the rights of any potential\n bidders under such prequalification to appeal a decision that such bidders are\n not responsible.\n\nB. If, upon appeal pursuant to § 2.2-4364 or 2.2-4365, it is determined\nthat the decision of the public body was not (i) an honest exercise of\ndiscretion, but rather was arbitrary or capricious or (ii) in accordance with\nthe Constitution of Virginia, applicable state law or regulation, or the terms\nor conditions of the Invitation to Bid, and the award of the contract in\nquestion has not been made, the sole relief shall be a finding that the bidder\nis a responsible bidder for the contract in question or directed award as\nprovided in subsection A of § 2.2-4364 or both.\n\t\t\tIf it is determined that the decision of the public body was not an honest\nexercise of discretion, but rather was arbitrary or capricious or not in\naccordance with the Constitution of Virginia, applicable state law or\nregulation, or the terms or conditions of the Invitation to Bid, and an award of\nthe contract has been made, the relief shall be as set forth in subsection B of\n§ 2.2-4360.\n\nC. A bidder contesting a determination that he is not a responsible bidder for a\nparticular contract shall proceed under this section, and may not protest the\naward or proposed award under the provisions of § 2.2-4360.\n\nD. Nothing contained in this section shall be construed to require a public\nbody, when procuring by competitive negotiation, to furnish a statement of the\nreasons why a particular proposal was not deemed to be the most advantageous.\n\nE. Any determination that a low bidder is not responsible that uses such factors\nlisted in the Invitation to Bid as a basis for its decision shall be\npresumptively considered an honest exercise of discretion.\n\nHISTORY: 1982, c. 647, \u00a7 11-65; 1997, c. 864; 1998, c. 753; 1999, c. 1008;\n2001, c. 844; 2013, c. 583; 2020, cc. 176, 1089.","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}}