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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD6731484Patrons--Watkins, Cox, DeBoer, Ingram, Martin and Reid; Senators: Benedetti, Marsh and Russell
Be it enacted by the General Assembly of Virginia:
1. That § 11-54 of the Code of Virginia is amended and reenacted as follows:
§ 11-54. Withdrawal of bid due to error.
A. A bidder for a public construction contract, other than a contract for
construction or maintenance of public highways, may withdraw his bid from
consideration if the price bid was substantially lower than the other bids
due solely to a mistake therein, provided the bid was submitted in good
faith, and the mistake was a clerical mistake as opposed to a judgment
mistake, and was actually due to an unintentional arithmetic error or an
unintentional omission of a quantity of work, labor or material made directly
in the compilation of a bid, which unintentional arithmetic error or
unintentional omission can be clearly shown by objective evidence drawn from
inspection of original work papers, documents and materials used in the
preparation of the bid sought to be withdrawn. One of the following
procedures for withdrawal of a bid shall be selected by the public body and
stated in the advertisement for bids: (i) the bidder shall give notice in
writing of his claim of right to withdraw his bid within two
five business days after the conclusion of the bid opening
procedure and shall submit original work papers with such notice;
or (ii) the bidder shall submit to the public body or designated official his
original work papers, documents and materials used in the preparation of the
bid within one day after the date fixed for submission of bids. The work
papers shall be delivered by the bidder in person or by registered mail at or
prior to the time fixed for the opening of bids. The bids shall be opened one
day following the time fixed by the public body for the submission of bids.
Thereafter, the bidder shall have two hours after the opening of bids within
which to claim in writing any mistake as defined herein and withdraw his bid.
The contract shall not be awarded by the public body until the two-hour
period has elapsed. Such mistake shall be proved only from the original work
papers, documents and materials delivered as required herein.
B. A public body may establish procedures for the withdrawal of bids for other than construction contracts.
C. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.
D. If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid.
E. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
F. If the public body denies the withdrawal of a bid under the provisions of this section, it shall notify the bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.