Appeals & Disputes
Longwood University has established the following administrative procedures for hearing appeals from refusals to allow withdrawal of bids, appeals from disqualifications, appeals from determinations of non-responsibility, appeals of denials of protests of award or decision to award a contract, and appeals from decisions on disputes arising during the performance of a contract, or any of these which relate to contracting for services or goods.
Any bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts to be issued by the Institution shall be notified in writing. Prior to the issuance of a written determination of disqualification or ineligibility, the Institution shall:
notify the bidder in writing of the results of the evaluation,
disclose the factual support for the determination, and
allow the bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business days after receipt of the notice.
Within 10 business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The Institution shall issue its written determination of disqualification or ineligibility based on all information in the possession of the Institution, including any rebuttal information, within five business days of the date the Institution received such rebuttal information.
If the evaluation reveals that the bidder, offeror or contractor should be allowed permission to participate in the public contract, the Institution shall cancel the proposed disqualification action. If the evaluation reveals that the bidder should be refused permission to participate, or disqualified from participation, in the public contract, the Institution shall so notify the bidder, offeror or contractor. The notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within 10 calendar days after receipt of the notice by instituting legal action as provided in §54 of the Governing Rules.
Protest of Award or Decision to Award
Any bidder or offeror, who desires to protest the award or decision to award a contract shall submit the protest in writing to the Institution, or an official designated by the Institution, no later than 10 calendar days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the Institution in the manner prescribed in the terms or conditions of the Invitation for Bid or Request for Proposal. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than 10 calendar days after posting or publication of the notice of such contract as provided in §5 of the Governing Rules. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under §34 of the Governing Rules, then the time within which the protest shall be submitted shall expire 10 calendar days after those records are available for inspection by such bidder or offeror under §34, or at such later time as provided in this section. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The Institution or designated official shall issue a decision in writing within 10 calendar days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within 10 calendar days of receipt of the written decision by instituting legal action as provided in Governing Rules §54. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation for Bid or Request for Proposal.
If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Institution shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun, the Institution may declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.
Where the Institution determines that there is probable cause to believe that a decision to award was based on fraud or corruption or on an act in violation of the Governing Rules, the Institution may enjoin the award of the contract to a particular bidder.
Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with the Governing Rules shall not be affected by the fact that a protest or appeal has been filed.
An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest as provided in §50 of the Governing Rules, or the filing of a timely legal action as provided in §54, no further action to award the contract shall be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.
The Institution shall include in its contracts a procedure for consideration of contractual claims. Such procedure, which may be contained in the contract or may be specifically incorporated into the contract by reference and made available to the contractor, shall establish a time limit for a final decision in writing by the Institution.
A contractor may not institute legal action as provided in Governing Rules §54, prior to receipt of the Institution's decision on the claim, unless the Institution fails to render such decision within the time specified in the contract.
The decision of the Institution shall be final and conclusive unless the contractor appeals within six months of the date of the final decision on the claim by the Institution by instituting legal action as provided in Governing Rules §54.