Holly's, Inc. v. County of Greensville

458 S.E.2d 454, 250 Va. 12, 1995 Va. LEXIS 83
CourtSupreme Court of Virginia
DecidedJune 9, 1995
DocketRecord 941572
StatusPublished
Cited by5 cases

This text of 458 S.E.2d 454 (Holly's, Inc. v. County of Greensville) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holly's, Inc. v. County of Greensville, 458 S.E.2d 454, 250 Va. 12, 1995 Va. LEXIS 83 (Va. 1995).

Opinions

CHIEF JUSTICE CARRICO

delivered the opinion of the Court.

This litigation commenced with the filing of a bill of complaint by Holly’s, Inc. (Holly’s) against the County of Greensville (the County). The dispute involves certain provisions of the Virginia Public Procurement Act, Code §§ 11-35 through -80 (the Act). Section 11-42(B) provides that “[a] public body may waive informalities in bids,” and the primary question on appeal is whether this provision permits a public body to waive a requirement concerning the timeliness of bids.

The facts germane to the issues in the case were stipulated by the parties. As pertinent here, the stipulated facts reveal the following situation:

5. The bid invitation stated in part as follows:
“On Thursday, March 17, 1994, at 2:00 p.m. all bids received for provision of residential solid waste collection in Greensville County will be opened.”
8. On March 17, 1994, Holly’s submitted its bid at 1:34 p.m. and had the same stamped and time-dated by the [14]*14County .... [Browning-Ferris Industries of S. Atlantic, Inc. (BFI)] had also submitted its sealed bid to a County official prior to 2:00 p.m. that day.
9. At 1:50 p.m. a representative from [ARS-Waste Management, Ltd. (ARS)] was present in the room where the bid opening was to be conducted and had with him the sealed bid of ARS.
10. Mr. Fred Maldonado, the County employee in charge of the bid opening process, was not in the designated room at the time the ARS representative arrived, and did not arrive in the designated room until either 2:02 p.m. or 2:03 p.m.
11. Between 1:50 p.m. and Mr. Maldonado’s arrival in the designated bid-opening room . . ., the representative of Holly’s, the representative of BFI, the representative of ARS and the bid of ARS were continually present together in the designated bid-opening room, and throughout that time Mr. Maldonado was apart from them and continually had in his possession the sealed bids of both BFI and Holly’s.
12. When Mr. Maldonado entered the designated bid-opening room, the bid of ARS was either lying upon the table to be utilized by Mr. Maldonado (which is the recollection of the ARS representative and of Mr. Maldonado), or instead the ARS representative handed its bid to Mr. Maldonado (which is the recollection of the representative of Holly’s and the representative of BFI).
13. Upon opening the bids ARS was the apparent low bidder . . ., and Holly’s was the next lowest bidder ....
15. A regularly scheduled meeting of the Greensville County Board of Supervisors was scheduled for Monday, March 21, 1994, beginning at 7:30 p.m., and an agenda item for that evening was the review of all bids received on March 17 and an award of the contract.
[15]*1516. Prior to 5:00 p.m. on March 21, [the attorney for Holly’s] communicated Holly’s protest of the bid of ARS in two separate letters which were sent that day by telefax, one to Mr. Maldonado and the other to the County Attorney.
17. At their meeting Monday evening, March 21, the County accepted the bid of ARS and awarded the contract to it.
18. As requested by [the attorney for Holly’s], the County Attorney left the Supervisors’ meeting as soon as that action was taken by the Board of Supervisors . . . and called [the attorney for Holly’s] at his home to advise that the Board had given consideration to the matters raised in his two letters sent by telefax earlier that day, and thereafter taken action awarding the contract to ARS.
19. On March 23, 1994, the County’s authorized and designated representative afforded Holly’s written notice of County’s decision to award the contract to the low bidder, ARS.

On May 13, 1994, Holly’s filed its bill of complaint alleging that the County’s award of the contract to ARS did not constitute an honest exercise of discretion but was arbitrary and capricious and not in accordance with the Act, the County purchasing procedures, or the terms and conditions of the invitation to bid. Holly’s sought a permanent injunction against award of the contract to ARS and also sought the entry of an order declaring Holly’s the low bidder.

After a hearing, the trial court held that the acceptance of the ARS bid constituted a proper exercise of the County’s “right to waive informalities in the sealed bid process, which right is afforded to County by Virginia Code Section 11-42.” Consequently, the court denied the prayer of Holly’s for a permanent injunction and ordered the matter stricken from the docket.

We first consider an argument made by the County that “Holly’s claim is barred by its failure to institute this action within the time limits imposed by Virginia Code Section 11-66.A. [16]*16and by the doctrines of laches and equitable estoppel.”

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Cite This Page — Counsel Stack

Bluebook (online)
458 S.E.2d 454, 250 Va. 12, 1995 Va. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollys-inc-v-county-of-greensville-va-1995.