§ 3-3-108. Legal actions.

(a)

A bidder or offeror, actual or prospective, who is determined to be ineligible to participate in bidding or to respond to a request for proposals, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the circuit court of the City of Alexandria challenging that decision, which shall be reversed only if the petitioner establishes that the decision was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or, in the case of the denial of prequalification, that the decision to deny prequalification was not based upon the criteria for denial of prequalification set forth in section 3-3-35(f) of this chapter. The provisions of section 3-3-104(b) shall apply to any decision of the circuit court.

(b)

A bidder denied withdrawal of a bid under section 3-3-102 of this chapter may bring an action in the said circuit court challenging that decision, which shall be reversed only if the bidder establishes that the decision of the city was clearly erroneous.

(c)

A bidder, offeror or contractor may bring an action in the said circuit court challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the Constitution of Virginia, statutes, regulations or the terms and conditions of the invitation to bid or request for proposals.

(d)

If injunctive relief is granted, the court, upon request of the city shall require the posting of reasonable security to protect the city.

(e)

A contractor may bring an action involving a contract dispute with the city in the said circuit court.

(f)

A bidder, offeror or contractor need not utilize the administrative procedures authorized by section 3-3-107 of this chapter, but if those procedures are invoked by the bidder, offeror or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the city council agrees otherwise.

(g)

Nothing herein shall be construed to prevent the city from instituting legal action against a contractor. (Ord. No. 2757, 1/22/83, Sec. 1; Ord. No. 4004, 6/13/98, Sec. 25)