§ 3-3-103. Determination of nonresponsibility.

(a)

If the purchasing agent preliminarily determines that a bidder responding to an invitation for bids who, despite being the apparent low bidder, is not a responsible bidder for a particular contract, the purchasing agent shall proceed as follows:

(1)

Prior to the issuance of a written determination of nonresponsibility, the purchasing agent shall (i) notify the apparent low bidder in writing of the preliminary determination, (ii) disclose the factual support for the preliminary determination, and (iii) allow the apparent low bidder an opportunity to inspect any documents which relate to the preliminary determination, if so requested by the bidder within five business days after receipt of the notice.

(2)

Within 10 business days after receipt of the notice, the bidder may submit rebuttal information challenging the preliminary determination. The purchasing agent shall issue a final determination of responsibility based on all information in his possession, including any rebuttal information, within five business days of the date the purchasing agent receives the rebuttal information. At the same time, the purchasing agent shall send the bidder written notice of his final determination, certified mail, return receipt requested.

(3)

Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within 10 days of receipt by invoking the administrative procedures set forth in the contract, if any, or in the alternative, by instituting legal action as provided in section 3-3-108.

(4)

The provisions of this subsection shall not apply to procurements involving the prequalification of bidders and the rights of any potential bidders under such prequalification to appeal a decision that such bidders are not responsible.

(b)

If, upon appeal, it is determined that the decision of the purchasing agent was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, and the award of the contract in question has not been made, the sole relief shall be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of the purchasing agent was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, the relief shall be as set forth in section 3-3-104(b).

(c)

A bidder contesting a determination that he is not a responsible bidder for a particular contract shall proceed under this section, and may not protest the award or proposed award under section 3-3-104.

(d)

Nothing contained in this section shall be construed to require the city when procuring by competitive negotiation to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. (Ord. No. 2757, 1/22/83, Sec. 1; Ord. No. 4004, 6/13/98, Sec. 22)