§ 43-43. Administrative appeals procedure.

A. 

Appealable decisions. Any contractor may appeal a decision addressing a contract claim. In addition, any bidder or offeror may appeal:

(1) 

An award or a decision to award a contract.

(2) 

A decision refusing to allow the withdrawal of appellant's bid.

(3) 

A denial of appellant's prequalification.

(4) 

The appellant's debarment.

(5) 

A determination of the appellant's nonresponsibility.

B. 

Appeals process. All administrative appeals shall be adjudicated using the following procedure:

(1) 

Institution. A person entitled to appeal a decision listed in Subsection A may file a letter of appeal with the Purchasing Agent within 10 days of the date of the decision being challenged. No appeal will be allowed if the letter of appeal is untimely.

(2) 

Sufficiency of letter of appeal. The letter of appeal shall specify the basis for the appeal, the relief sought, and whether a hearing is requested.

(3) 

Decision without hearing. If a hearing is not expressly requested, the Purchasing Agent shall render a written decision within 10 days of receiving the letter of appeal.

(4) 

Hearing and decision. If a hearing is requested, it shall be held within 30 days of receipt of the letter of appeal. The hearing will be conducted by a disinterested arbiter appointed by the Purchasing Agent. The arbiter should be an attorney at law. Each party will have the opportunity to present pertinent information during the hearing. The hearing shall be an informal administrative proceeding, rather than a judicial-like trial, but it is nevertheless the appellant's burden to produce evidence sufficient to show that the Purchasing Agent's decision was erroneous. The hearing shall be recorded and transcribed. A final decision with findings of fact will be issued within 21 days of the hearing.

C. 

Judicial review. Any party to the administrative appeals process may initiate judicial review within 30 days of receipt of the arbiter's written decision. The arbiter's findings of fact shall be final and conclusive and shall not be set aside unless such findings are:

(1) 

Fraudulent, arbitrary or capricious;

(2) 

So grossly erroneous as to imply bad faith; or

(3) 

In the case of denial of prequalification, the findings were not based upon the criteria set forth in the Code of Virginia, § 2.2-4317(B).