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 Blacksburg
 Code of Ordinances
 Chapter 16. PURCHASING
 Article I. GENERAL PROVISIONS

  § 16-119. Determination of ineligibility.  

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  • The purchasing agent shall determine whether a prospective bidder shall be prequalified to bid. If the purchasing agent determines that a prospective bidder is ineligible, he or she will proceed as follows:

    (1)

    Prior to the issuance of a written determination of disqualification or ineligibility, the purchasing agent shall (i) notify the prospective bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the prospective bidder an opportunity to inspect any documents which relate to the determination, if so requested within five (5) business days after receipt of the notice.

    (2)

    Within ten (10) business days after receipt of the notice, the prospective bidder may submit rebuttal information challenging the evaluation. The purchasing agent shall issue his or her written determination of disqualification or ineligibility based on all information in the town's possession, including any rebuttal information, within five (5) business days of the date the town received such rebuttal information.

    (3)

    If the evaluation reveals that the prospective bidder, offeror or contractor should be allowed permission to participate in the public contract, the purchasing agent shall cancel the proposed disqualification action. If the evaluation reveals that the bidder should be refused permission to participate, or disqualified from participation, in the public contract, the purchasing agent shall so notify the bidder, offeror or contractor. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten days after receipt of the notice by instituting legal action in the Montgomery County Circuit Court.

    (4)

    If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in accordance with the Constitution of Virginia, the Virginia Code, or this chapter, the sole relief shall be restoration of eligibility.

    State Law reference— Code of Virginia § 2.2-4357.

State law reference

Code of Virginia § 2.2-4357.