§ 21-161. Ineligibility of bidder, offeror or contractor.

(a)

Any bidder, offeror or contractor refused permission to participate or disqualified from participating in public contracts shall be notified in writing. Such notice shall state the reasons for the action taken. This decision shall be final unless the bidder, offeror or contractor appeals the decision as provided in Section 21-168 for administrative appeals or, in the alternative, by instituting legal action as provided in Section 21-169.

(b)

If, upon appeal, it is determined that the action taken was not an honest exercise of discretion, but rather was arbitrary or capricious or not in accordance with the State Constitution or any applicable State law or regulation, then the sole relief shall be restoration of eligibility.

(Code 1993, § 22.1-106; Code 2004, § 74-186)

(Code 1993, § 22.1-106; Code 2004, § 74-186)