                                 CODE OF VIRGINIA

APPEAL OF DENIAL OF WITHDRAWAL OF BID (§ 2.2-4358)

A. A decision denying withdrawal of bid under the provisions of &#xA7; 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 &#xA7; 2.2-4365, if available, or in the alternative by
instituting legal action as provided in &#xA7; 2.2-4364.

B. If no bid bond was posted, a bidder refused withdrawal of a bid under the
provisions of &#xA7; 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bid sought to be withdrawn and the next low bid.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. 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.

HISTORY: 1982, c. 647, § 11-64; 1985, c. 164; 1999, c. 1008; 2001, c. 844.