{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4360.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4360.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4360.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4360.html"}],"law_id":65336,"edition_id":1,"section_id":65336,"structure_id":14376,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","history":"1982, c. 647, \u00a7 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001, c. 844.","full_text":"A\n\nAny bidder or offeror, who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body, or an official designated by the public body, no later than ten days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than ten days after posting or publication of the notice of such contract as provided in § 2.2-4303. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under § 2.2-4342, then the time within which the protest shall be submitted shall expire ten days after those records are available for inspection by such bidder or offeror under § 2.2-4342, or at such later time as provided in this section. 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 public body 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 receipt of the written 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. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal.B\n\nIf 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 public body 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 hereinafter provided.\n\t\t\tWhere 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 public body 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\n\nWhere a public body, an official designated by that public body, or an 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 Article 6 (§ 2.2-4367 et seq.) of this chapter, the public body, designated official or appeals board may enjoin the award of the contract to a particular bidder.","order_by":null,"text":{"0":{"id":237589,"text":"Any bidder or offeror, who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body, or an official designated by the public body, no later than ten days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than ten days after posting or publication of the notice of such contract as provided in § 2.2-4303. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under § 2.2-4342, then the time within which the protest shall be submitted shall expire ten days after those records are available for inspection by such bidder or offeror under § 2.2-4342, or at such later time as provided in this section. 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 public body 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 receipt of the written 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. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237590,"text":"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 public body 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 hereinafter provided.\n\t\t\tWhere 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 public body 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237591,"text":"Where a public body, an official designated by that public body, or an 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 Article 6 (§ 2.2-4367 et seq.) of this chapter, the public body, designated official or appeals board may enjoin the award of the contract to a particular bidder.","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 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4360\/","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 4 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 1997, chapter 864<\/a>; in 2000, chapter 641<\/a>; in 2001, chapter 844<\/a>.<\/p>","references":[{"id":83635,"section_number":"2.2-4301","catch_line":"Definitions","order_by":null,"url":"\/2.2-4301\/"},{"id":64199,"section_number":"2.2-4362","catch_line":"Stay of award during protest","order_by":null,"url":"\/2.2-4362\/"},{"id":67358,"section_number":"2.2-4364","catch_line":"Legal actions","order_by":null,"url":"\/2.2-4364\/"},{"id":77327,"section_number":"2.2-4376.2","catch_line":"(Effective until July 1, 2027) Disclosure of contributions and gifts during procurement process; civil penalty","order_by":null,"url":"\/2.2-4376.2\/"}],"refers_to":[{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"},{"id":71233,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","order_by":null,"url":"\/2.2-4342\/"},{"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\/"},{"id":77165,"section_number":"2.2-4367","catch_line":"Purpose","order_by":null,"url":"\/2.2-4367\/"}],"permalink":{"id":177337,"object_type":"law","relational_id":65336,"identifier":"2.2-4360","token":"2.2\/II\/B\/43\/5\/2.2-4360","url":"\/2.2-4360\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4360\/","token":"2.2\/II\/B\/43\/5\/2.2-4360","dublin_core":{"Title":"Protest of award or decision to award","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4360","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any bidder or offeror<\/span>, who desires to protest the award or decision to award a contract<\/span> shall submit the protest in writing to the public body<\/span>, or an official designated by the public body<\/span>, no later than ten days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the public body<\/span> in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any potential bidder or offeror<\/span> on a contract<\/span> negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract<\/span> shall submit the protest in the same manner no later than ten days after posting or publication of the notice of such contract<\/span> as provided in § 2.2-4303<\/a>. However, if the protest of any actual or potential bidder or offeror<\/span> depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under § 2.2-4342<\/a>, then the time within which the protest shall be submitted shall expire ten days after those records are available for inspection by such bidder or offeror<\/span> under § 2.2-4342<\/a>, or at such later time as provided in this section. No protest shall lie for a claim that the selected bidder or offeror<\/span> is not a responsible bidder<\/span> or offeror<\/span>. The written protest shall include the basis for the protest and the relief sought. The public body<\/span> or designated official shall issue<\/span> a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror<\/span> appeals<\/span> within ten days of receipt of the written 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>. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span> to that effect. The public body<\/span> shall cancel the proposed award or revise it to comply with the law<\/span>. If, after an award, it is determined that an award of a contract<\/span> was arbitrary or capricious, then the sole relief shall be as hereinafter provided.\n\t\t\tWhere the award has been made but performance has not begun, the performance of the contract<\/span> may be enjoined. Where the award has been made and performance has begun, the public body<\/span> may declare the contract<\/span> void upon a finding<\/span> that this action is in the best interest of the public. Where a contract<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where a public body<\/span>, an official designated by that public body<\/span>, or an appeals<\/span> board determines, after a hearing<\/span> held following reasonable notice to all bidders, that there is probable cause<\/span> to believe that a decision to award was based on fraud<\/span> or corruption or on an act in violation of Article 6 (§ 2.2-4367<\/a> et seq.) of this chapter, the public body<\/span>, designated official or appeals<\/span> board may enjoin the award of the contract<\/span> to a particular bidder. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTEST OF AWARD OR DECISION TO AWARD (\u00a7 2.2-4360)\n\nA. Any bidder or offeror, who desires to protest the award or decision to award\na contract shall submit the protest in writing to the public body, or an\nofficial designated by the public body, no later than ten days after the award\nor the announcement of the decision to award, whichever occurs first. Public\nnotice of the award or the announcement of the decision to award shall be given\nby the public body in the manner prescribed in the terms or conditions of the\nInvitation to Bid or Request for Proposal. Any potential bidder or offeror on a\ncontract negotiated on a sole source or emergency basis who desires to protest\nthe award or decision to award such contract shall submit the protest in the\nsame manner no later than ten days after posting or publication of the notice of\nsuch contract as provided in § 2.2-4303. However, if the protest of any\nactual or potential bidder or offeror depends in whole or in part upon\ninformation contained in public records pertaining to the procurement\ntransaction that are subject to inspection under § 2.2-4342, then the time\nwithin which the protest shall be submitted shall expire ten days after those\nrecords are available for inspection by such bidder or offeror under §\n2.2-4342, or at such later time as provided in this section. No protest shall\nlie for a claim that the selected bidder or offeror is not a responsible bidder\nor offeror. The written protest shall include the basis for the protest and the\nrelief sought. The public body or designated official shall issue a decision in\nwriting within ten days stating the reasons for the action taken. This decision\nshall be final unless the bidder or offeror appeals within ten days of receipt\nof the written decision by invoking administrative procedures meeting the\nstandards of § 2.2-4365, if available, or in the alternative by instituting\nlegal action as provided in § 2.2-4364. Nothing in this subsection shall be\nconstrued to permit a bidder to challenge the validity of the terms or\nconditions of the Invitation to Bid or Request for Proposal.\n\nB. If prior to an award it is determined that the decision to award is arbitrary\nor capricious, then the sole relief shall be a finding to that effect. The\npublic body shall cancel the proposed award or revise it to comply with the law.\nIf, after an award, it is determined that an award of a contract was arbitrary\nor capricious, then the sole relief shall be as hereinafter provided.\n\t\t\tWhere the award has been made but performance has not begun, the performance\nof the contract may be enjoined. Where the award has been made and performance\nhas begun, the public body may declare the contract void upon a finding that\nthis action is in the best interest of the public. Where a contract is declared\nvoid, the performing contractor shall be compensated for the cost of performance\nup to the time of such declaration. In no event shall the performing contractor\nbe entitled to lost profits.\n\nC. Where a public body, an official designated by that public body, or an\nappeals board determines, after a hearing held following reasonable notice to\nall bidders, that there is probable cause to believe that a decision to award\nwas based on fraud or corruption or on an act in violation of Article 6 (§\n2.2-4367 et seq.) of this chapter, the public body, designated official or\nappeals board may enjoin the award of the contract to a particular bidder.\n\nHISTORY: 1982, c. 647, \u00a7 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001,\nc. 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}}