Any bidder who is refused permission to participate or disqualified from participation in public contracts shall be notified by the agency in writing (§ 2.2-4357, Code of Virginia). Prior to the issuance of a written determination of disqualification or ineligibility, the agency shall:
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 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 received such rebuttal information.
If the agency’s evaluation reveals that the bidder should be allowed to participate in the procurement, the agency 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 the agency 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 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.