If a potential supplier requests permission to withdraw a bid and the purchasing agency denies permission to withdraw the bid, the agency must notify the supplier in writing stating the reasons for its decision. The decision denying withdrawal of a bid is final unless the supplier appeals the decision within 10 days after receipt of the decision by invoking alternative dispute resolution (refer to Alternative Dispute Resolution Procedure) or by instituting legal action as provided in the § 2.2-4364 of the Code of Virginia.
If, upon appeal, it is determined through ADR or legal action that the agency’s denial of supplier’s request to withdrawal a bid/proposal was arbitrary or capricious, or not in accordance with the Constitution of Virginia, statute or regulations, the sole relief shall be withdrawal of bid. (§ 2.2-4358 of the Code of Virginia)
A supplier who is denied withdrawal of a bid/proposal under § 2.2-4358 of the Code of Virginia may bring an action in the appropriate circuit court challenging that decision, which shall be reversed only if the supplier establishes that the decision of the purchasing agency was not an honest exercise of discretion, but was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the solicitation.