32.9 Review of protest by purchasing agency

The purchasing agency has ten days to review the supplier’s protest and to decide if the protest is valid. After reviewing the protest, the purchasing agency has several options on how the protest will be handled:

  • If the purchasing agency decides that the contract award was not an honest exercise of discretion, but rather 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, the agency shall:
  • If the contract has not been awarded for whatever reason, the supplier's sole relief shall be a finding to that effect. The purchasing agency will either cancel the proposed award or revise the award to comply with the Code of Virginia and the terms and conditions of the solicitation.
  • If the contract has been awarded, but performance on the contract has not begun, the performance of the contract may be enjoined by the purchasing agency or VITA.
  • Where the contract has been awarded and performance of the contract has begun, the purchasing agency may terminate the contract/declare the contract void upon a finding that this action is in the best interests of the public. The performing supplier will be compensated for the cost of performance, with the exception of lost profits, up to the contract void date. Refer to § 2.2 -4360(B) of the Code of Virginia.
  • If the purchasing agency determines after a hearing held following reasonable notice to all suppliers, that there is probable cause that an award was based on fraud or corruption or an act in violation of “Ethics in Public Contracting,” (§ 2.2-4367 et seq. of the Code of Virginia) the award of the contract to a particular supplier may be enjoined or set aside.