First Health Services Corp. v. Commonwealth

By Judge Randall G. Johnson

This action is brought under the Virginia Public Procurement Act, Va. Code § 11-35 et seq. Under the Act, a procurement award may be reversed if an unsuccessful bidder establishes that the award “is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the Constitution of Virginia, statutes, regulations or the terms and conditions of the Invitation to Bid or Request for Proposal.” Va. Code § 11-70(C). The award at issue is for the installation, testing, and maintenance support of an integrated interactive computer…