32.2 Supplier ineligibility/disqualification determinations

Any supplier refused permission to, or disqualified from participating in public contracts shall be notified in writing. If the purchasing agency makes a written determination that a supplier is disqualified or ineligible to participate in solicitation or public contracting, the agency shall do the following:

  • notify the supplier in writing of the results of the evaluation for determination of disqualification or ineligibility,
  • disclose the factual basis for the determination, and
  • allow the supplier an opportunity to inspect any documents which relate to the determination. The supplier should be notified that it must request to inspect any documents within ten business days after receipt of the notice of ineligibility or disqualification.

Within ten business days after receipt of the notice of disqualification/ineligibility from the purchasing agency, the supplier may submit written rebuttal information challenging the determination. The purchasing agency shall issue a written response concerning its determination of disqualification/ineligibility based on all information known to the agency including any rebuttal information, within five business days of the date the agency received the rebuttal information.

If the agency’s review of known information or rebuttal information indicates that the supplier should be allowed permission to participate in the solicitation or public contract, the disqualification action should be cancelled. If the agency’s review indicates that the supplier should be determined ineligible to participate in the solicitation or disqualified from participation in the contract, the agency shall notify the supplier accordingly. The notice shall state the reasons for the disqualification/ineligibility determination/action. This decision shall be final unless the supplier appeals within ten days of receipt of the agency’s written notice by requesting alternative dispute resolution (see Alternative Dispute Resolution Procedure or by instituting legal action as provided in § 2.2-4364 of the Code of Virginia.) If, upon appeal, it is determined that the disqualification/ineligibility determination was arbitrary or capricious, or not in accordance with the Constitution of Virginia, statute or regulations, the sole relief shall be the supplier’s restoration of eligibility. Refer to § 2.2-4357 of the Code of Virginia.

Any supplier, actual or prospective, who is refused permission or disqualified from participation in a solicitation or who is determined to not be a responsible supplier for a particular contract, may bring an action in the appropriate circuit court challenging that decision. The purchasing agency’s decision will only be reversed by the court if the supplier establishes that the agency’s decision was arbitrary or capricious.