                                 CODE OF VIRGINIA

PROTEST OF AWARD OR DECISION TO AWARD (§ 2.2-4360)

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

HISTORY: 1982, c. 647, § 11-66; 1985, c. 164; 1997, c. 864; 2000, c. 641; 2001,
c. 844.