22.8 Evaluating bids

22.8.5 Bidder ineligibility

Any bidder who is refused permission to participate or disqualified from participation in public contracts shall be notified by the agency or institution in writing (§2.2-4357Code of Virginia). Prior to the issuance of a written determination of disqualification or ineligibility, the agency or institution shall:

  • Notify the bidder in writing of the results of the evaluation.
  • Disclose the factual support for the determination.
  • Allow the bidder an opportunity to inspect any documents that relate to the determination, if bidder requests within five (5) business days after receipt of the notice.

Any bidder may challenge the agency's determination by submitting rebuttal information within ten (10) business days after receipt of the determination notice. The agency or institution shall issue its written determination of disqualification or ineligibility based on all information in its possession, including any rebuttal information, within five (5) business days of the date the agency or institution received such rebuttal information.

If the agency or institution's evaluation reveals that the bidder should be allowed to participate in the procurement, the agency or institution will cancel the disqualification action. If the agency's evaluation reveals that the bidder should be refused permission to participate, or should be disqualified from participation in the procurement, the agency shall notify the bidder. The notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten (10) days of receipt of the notice by invoking VITA's alternative dispute resolution procedures (Alternative Dispute Resolution Procedure) which meet the standards of §2.2-4365 of the Code of Virginia, or in the alternative by instituting legal action as provided in §2.2-4364 of the Code of Virginia. If upon appeal, it is determined that the agency's or institution's determination of a bidder's ineligibility was arbitrary and capricious or not in accordance with the Constitution of Virginia, applicable state law or regulations, the sole relief shall be restoration of eligibility.