{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4364.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4364.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4364.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4364.html"}],"law_id":67358,"edition_id":1,"section_id":67358,"structure_id":14376,"section_number":"2.2-4364","catch_line":"Legal actions","history":"1982, c. 647, \u00a7 11-70; 1985, c. 164; 1994, c. 918; 1995, c. 527; 1997, c. 864; 1998, cc. 205, 753; 1999, c. 1008; 2001, c. 844.","full_text":"A\n\nA bidder or offeror, actual or prospective, who is refused permission or disqualified from participation in bidding or competitive negotiation, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was not (i) an honest exercise of discretion, but rather was arbitrary or capricious; (ii) in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid; or (iii) in the case of denial of prequalification, based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317. In the event the apparent low bidder, having been previously determined by the public body to be not responsible in accordance with § 2.2-4301, is found by the court to be a responsible bidder, the court may direct the public body to award the contract to such bidder in accordance with the requirements of this section and the Invitation to Bid.B\n\nA bidder denied withdrawal of a bid under § 2.2-4358 may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the bidder establishes 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.C\n\nA bidder, offeror or contractor, or a potential bidder or offeror on a contract negotiated on a sole source or emergency basis in the manner provided in § 2.2-4303, whose protest of an award or decision to award under § 2.2-4360 is denied, may bring an action in the appropriate circuit court challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not (i) an honest exercise of discretion, but rather is arbitrary or capricious or (ii) in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms and conditions of the Invitation to Bid or Request for Proposal.D\n\nIf injunctive relief is granted, the court, upon request of the public body, shall require the posting of reasonable security to protect the public body.E\n\nA contractor may bring an action involving a contract dispute with a public body in the appropriate circuit court. Notwithstanding any other provision of law, the Comptroller shall not be named as a defendant in any action brought pursuant to this chapter or § 33.2-1103, except for disputes involving contracts of the Office of the Comptroller or the Department of Accounts.F\n\nA bidder, offeror or contractor need not utilize administrative procedures meeting the standards of § 2.2-4365, if available, but if those procedures are invoked by the bidder, offeror or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the public body agrees otherwise.G\n\nNothing herein shall be construed to prevent a public body from instituting legal action against a contractor.","order_by":null,"text":{"0":{"id":244091,"text":"A bidder or offeror, actual or prospective, who is refused permission or disqualified from participation in bidding or competitive negotiation, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the petitioner establishes that the decision was not (i) an honest exercise of discretion, but rather was arbitrary or capricious; (ii) in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid; or (iii) in the case of denial of prequalification, based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317. In the event the apparent low bidder, having been previously determined by the public body to be not responsible in accordance with § 2.2-4301, is found by the court to be a responsible bidder, the court may direct the public body to award the contract to such bidder in accordance with the requirements of this section and the Invitation to Bid.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244092,"text":"A bidder denied withdrawal of a bid under § 2.2-4358 may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the bidder establishes 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244093,"text":"A bidder, offeror or contractor, or a potential bidder or offeror on a contract negotiated on a sole source or emergency basis in the manner provided in § 2.2-4303, whose protest of an award or decision to award under § 2.2-4360 is denied, may bring an action in the appropriate circuit court challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not (i) an honest exercise of discretion, but rather is arbitrary or capricious or (ii) in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms and conditions of the Invitation to Bid or Request for Proposal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244094,"text":"If injunctive relief is granted, the court, upon request of the public body, shall require the posting of reasonable security to protect the public body.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244095,"text":"A contractor may bring an action involving a contract dispute with a public body in the appropriate circuit court. Notwithstanding any other provision of law, the Comptroller shall not be named as a defendant in any action brought pursuant to this chapter or § 33.2-1103, except for disputes involving contracts of the Office of the Comptroller or the Department of Accounts.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":244096,"text":"A bidder, offeror or contractor need not utilize administrative procedures meeting the standards of § 2.2-4365, if available, but if those procedures are invoked by the bidder, offeror or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the public body agrees otherwise.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":244097,"text":"Nothing herein shall be construed to prevent a public body from instituting legal action against a contractor.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4364\/","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 7 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 1994, chapter 918<\/a>; in 1995, chapter 527<\/a>; in 1997, chapter 864<\/a>; in 1998, chapters 205<\/a> and 753<\/a>; in 1999, chapter 1008<\/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":74014,"section_number":"2.2-4359","catch_line":"Determination of nonresponsibility","order_by":null,"url":"\/2.2-4359\/"},{"id":65336,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","order_by":null,"url":"\/2.2-4360\/"},{"id":64199,"section_number":"2.2-4362","catch_line":"Stay of award during protest","order_by":null,"url":"\/2.2-4362\/"},{"id":81984,"section_number":"2.2-4363","catch_line":"Contractual disputes","order_by":null,"url":"\/2.2-4363\/"}],"refers_to":[{"id":83635,"section_number":"2.2-4301","catch_line":"Definitions","order_by":null,"url":"\/2.2-4301\/"},{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"},{"id":84046,"section_number":"2.2-4317","catch_line":"Prequalification generally; prequalification for construction","order_by":null,"url":"\/2.2-4317\/"},{"id":55710,"section_number":"2.2-4358","catch_line":"Appeal of denial of withdrawal of bid","order_by":null,"url":"\/2.2-4358\/"},{"id":65336,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","order_by":null,"url":"\/2.2-4360\/"},{"id":79234,"section_number":"2.2-4365","catch_line":"Administrative appeals procedure","order_by":null,"url":"\/2.2-4365\/"},{"id":61744,"section_number":"33.2-1103","catch_line":"Civil action","order_by":null,"url":"\/33.2-1103\/"}],"permalink":{"id":177353,"object_type":"law","relational_id":67358,"identifier":"2.2-4364","token":"2.2\/II\/B\/43\/5\/2.2-4364","url":"\/2.2-4364\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4364\/","token":"2.2\/II\/B\/43\/5\/2.2-4364","dublin_core":{"Title":"Legal actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4364","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A bidder or offeror<\/span>, actual or prospective, who is refused permission or disqualified from participation in bidding or competitive negotiation, or who is determined not to be a responsible bidder<\/span> or offeror<\/span> for a particular contract<\/span>, may bring an action in the appropriate circuit<\/span> court<\/span> challenging that decision, which shall be reversed only if the petitioner establishes that the decision was not (i) an honest exercise of discretion, but rather was arbitrary or capricious; (ii) in accordance with the Constitution of Virginia, applicable state law<\/span> or regulation, or the terms or conditions of the Invitation to Bid; or (iii) in the case of denial of prequalification, based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317<\/a>. In the event the apparent low bidder, having been previously determined by the public body<\/span> to be not responsible in accordance with § 2.2-4301<\/a>, is found by the court<\/span> to be a responsible bidder<\/span>, the court<\/span> may direct the public body<\/span> to award the contract<\/span> to such bidder in accordance with the requirements of this section and the Invitation to Bid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A bidder denied withdrawal of a bid under § 2.2-4358<\/a> may bring an action in the appropriate circuit<\/span> court<\/span> challenging that decision, which shall be reversed only if the bidder establishes 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A bidder, offeror<\/span> or contractor, or a potential bidder or offeror<\/span> on a contract<\/span> negotiated on a sole source or emergency basis in the manner provided in § 2.2-4303<\/a>, whose protest of an award or decision to award under § 2.2-4360<\/a> is denied, may bring an action in the appropriate circuit<\/span> court<\/span> challenging a proposed award or the award of a contract<\/span>, which shall be reversed only if the petitioner establishes that the proposed award or the award is not (i) an honest exercise of discretion, but rather is arbitrary or capricious or (ii) in accordance with the Constitution of Virginia, applicable state law<\/span> or regulation, or the terms and conditions of the Invitation to Bid or Request for Proposal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If injunctive relief is granted, the court<\/span>, upon request of the public body<\/span>, shall require the posting of reasonable security to protect the public body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A contractor may bring an action involving a contract<\/span> dispute with a public body<\/span> in the appropriate circuit<\/span> court<\/span>. Notwithstanding any other provision of law<\/span>, the Comptroller shall not be named as a defendant<\/span> in any action brought pursuant to this chapter or § 33.2-1103<\/a>, except for disputes involving contracts<\/span> of the Office of the Comptroller or the Department of Accounts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A bidder, offeror<\/span> or contractor need not utilize administrative procedures meeting the standards of § 2.2-4365<\/a>, if available, but if those procedures are invoked by the bidder, offeror<\/span> or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the public body<\/span> agrees otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing herein shall be construed to prevent a public body<\/span> from instituting legal action against a contractor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEGAL ACTIONS (\u00a7 2.2-4364)\n\nA. A bidder or offeror, actual or prospective, who is refused permission or\ndisqualified from participation in bidding or competitive negotiation, or who is\ndetermined not to be a responsible bidder or offeror for a particular contract,\nmay bring an action in the appropriate circuit court challenging that decision,\nwhich shall be reversed only if the petitioner establishes that the decision was\nnot (i) an honest exercise of discretion, but rather was arbitrary or\ncapricious; (ii) in accordance with the Constitution of Virginia, applicable\nstate law or regulation, or the terms or conditions of the Invitation to Bid; or\n(iii) in the case of denial of prequalification, based upon the criteria for\ndenial of prequalification set forth in subsection B of § 2.2-4317. In the\nevent the apparent low bidder, having been previously determined by the public\nbody to be not responsible in accordance with § 2.2-4301, is found by the\ncourt to be a responsible bidder, the court may direct the public body to award\nthe contract to such bidder in accordance with the requirements of this section\nand the Invitation to Bid.\n\nB. A bidder denied withdrawal of a bid under § 2.2-4358 may bring an action\nin the appropriate circuit court challenging that decision, which shall be\nreversed only if the bidder establishes that the decision of the public body was\nnot (i) an honest exercise of discretion, but rather was arbitrary or capricious\nor (ii) in accordance with the Constitution of Virginia, applicable state law or\nregulation, or the terms or conditions of the Invitation to Bid.\n\nC. A bidder, offeror or contractor, or a potential bidder or offeror on a\ncontract negotiated on a sole source or emergency basis in the manner provided\nin § 2.2-4303, whose protest of an award or decision to award under §\n2.2-4360 is denied, may bring an action in the appropriate circuit court\nchallenging a proposed award or the award of a contract, which shall be reversed\nonly if the petitioner establishes that the proposed award or the award is not\n(i) an honest exercise of discretion, but rather is arbitrary or capricious or\n(ii) in accordance with the Constitution of Virginia, applicable state law or\nregulation, or the terms and conditions of the Invitation to Bid or Request for\nProposal.\n\nD. If injunctive relief is granted, the court, upon request of the public body,\nshall require the posting of reasonable security to protect the public body.\n\nE. A contractor may bring an action involving a contract dispute with a public\nbody in the appropriate circuit court. Notwithstanding any other provision of\nlaw, the Comptroller shall not be named as a defendant in any action brought\npursuant to this chapter or § 33.2-1103, except for disputes involving\ncontracts of the Office of the Comptroller or the Department of Accounts.\n\nF. A bidder, offeror or contractor need not utilize administrative procedures\nmeeting the standards of § 2.2-4365, if available, but if those procedures\nare invoked by the bidder, offeror or contractor, the procedures shall be\nexhausted prior to instituting legal action concerning the same procurement\ntransaction unless the public body agrees otherwise.\n\nG. Nothing herein shall be construed to prevent a public body from instituting\nlegal action against a contractor.\n\nHISTORY: 1982, c. 647, \u00a7 11-70; 1985, c. 164; 1994, c. 918; 1995, c. 527; 1997,\nc. 864; 1998, cc. 205, 753; 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}}