In the event a supplier is denied prequalification, the agency shall provide written notification to the supplier stating the reasons for the denial of prequalification and the factual basis of such reasons. The supplier may elect to appeal the agency's prequalification decision as provided in §2.2-4357 and §2.2-4364 of the Code of Virginia. An agency may deny prequalification to an IT supplier only if one of the following applies:
- The supplier does not have sufficient financial ability to perform the contract that would result from such procurement. If a bond is required to ensure performance of a contract, evidence that the supplier can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the public body shall be sufficient to establish the financial ability of the contractor to perform the contract resulting from such procurement.
- The supplier does not have the appropriate background, experience or skills to perform the IT project in question.
- The supplier or any of supplier's officers, directors or owners has had judgments entered against them within the past ten years for the breach of contract(s) for governmental or nongovernmental projects.
- The supplier has been in substantial noncompliance with the terms and conditions of prior contracts with a public body without good cause. A public body may not utilize this provision to deny prequalification unless the facts underlying the supplier's substantial noncompliance were documented in writing in the prior project or contract file and such information was provided to the supplier at that time, with the opportunity to respond.
- The supplier's failure to satisfactorily meet SWaM spend commitments supplier's variance from such planned spend, supplier's inability or refusal to certify compliance with such plan, or failure to report monthly spend information as required by an agency, during performance of an existing or current contract.
- The supplier or any of its officers, directors, owners, project managers, procurement managers or chief financial officials have been convicted within the past ten years of a crime related to governmental or nongovernmental contracting, including, but not limited to, a violation of (i) Article 6 (§2.2-4367 et seq.) of this chapter, (ii) the Virginia Governmental Frauds Act (§18.2-498.1 et seq.), (iii) Chapter 4.2 (§59.1-68.6 et seq.) of Title 59.1, or (iv) any substantially similar law of the United States or another state.
- The supplier or any of supplier's officers, directors or owners is currently debarred pursuant to an established debarment procedure from bidding or contracting by any Commonwealth public body, agency of another state or agency of the federal government.
- The supplier is not authorized to conduct business in the Commonwealth §2.2-4311.2 of the Code of Virginia.
- The supplier failed to provide the information in a timely manner to the procuring agency concerning any information requested by the public body relevant to any of the above provisions.