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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
(HB2331)GOVERNOR'S RECOMMENDATION
1. Page 1, enrolled, line 38, after was
strike
arbitrary or capricious
insert
not an honest exercise of discretion, but rather was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid
2. Page 1, enrolled, line 40, after was
strike
arbitrary or capricious
insert
not an honest exercise of discretion, but rather was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid
3. Page 2, enrolled, line 13, after § 11-70.
insert
Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal.
4. Page 2, enrolled, after line 22
strike
A decision to award shall be deemed to be arbitrary and capricious if it is not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms and conditions of the Invitation to Bid or Request for Proposal. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms and conditions of the Invitation to Bid or Request for Proposal.
5. Page 2, enrolled, line 44, after was
strike
arbitrary or capricious
insert
not an honest exercise of discretion, but rather was arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid
6. Page 2, enrolled, line 46, after § 11-46.
insert
In the event the apparent low bidder, having been previously determined by the public body to be not responsible in accordance with § 11-37, is found by the court to be a responsible bidder, the court may direct the public body to award the contract, forthwith, to such bidder in accordance with the requirements of this section and the Invitation to Bid. The provisions of subsection B of § 11-66 shall apply to any such award directed by the court.
7. Page 3, enrolled, line 3, after Proposal.
strike
In the event the apparent low bidder, having been previously determined by the public body to be not responsible, is found by the court to be responsible, the court may direct the award of the contract to such bidder in accordance with the requirements of this section and the Invitation to Bid or Request for Proposal. The provisions of subsection B of § 11-66 shall apply to any such award.