                                 CODE OF VIRGINIA

INELIGIBILITY (§ 2.2-4357)

A. 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.
			Within 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.
			If 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 &#xA7; 2.2-4365, if available, or in the
alternative by instituting legal action as provided in &#xA7; 2.2-4364.

B. 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.

HISTORY: 1982, c. 647, § 11-63; 1998, c. 753; 2001, c. 844.