32.11 Legal action for protest appeal

Any supplier on a contract negotiated on a sole source or emergency basis as provided in § 2.2-4303 of the Code of Virginia, whose protest of an award or decision to award under § 2.2-4360 of the Code of Virginia, is denied, may bring an action in the appropriate circuit court challenging the award of a contract. The purchasing agency’s decision shall be reversed only if the supplier establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the Constitution of Virginia, statutes, regulations or the terms and conditions of the solicitation. If injunctive relief is granted, the court, upon the purchasing agency’s request, shall require the posting of reasonable security.