A. A public body may establish an administrative procedure for hearing (i) protests
of a decision to award or an award, (ii) appeals from refusals to allow withdrawal
of bids, (iii) appeals from disqualifications and determinations of nonresponsibility,
and (iv) appeals from decisions on disputes arising during the performance of a contract,
or (v) any of these. Such administrative procedure shall provide for a hearing before a disinterested
person or panel, the opportunity to present pertinent information and the issuance
of a written decision containing findings of fact. The disinterested person or panel shall not be an employee of the governmental entity
against whom the claim has been filed. The findings of fact shall be final and conclusive and shall not be set aside unless
the same are (a) fraudulent, arbitrary or capricious; (b) so grossly erroneous as
to imply bad faith; or (c) in the case of denial of prequalification, the findings
were not based upon the criteria for denial of prequalification set forth in subsection B of § 2.2-4317. No determination on an issue of law shall be final if appropriate legal action is
instituted in a timely manner.
B. Any party to the administrative procedure, including the public body, shall be
entitled to institute judicial review if such action is brought within thirty days
of receipt of the written decision.
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