A Bluer Shade of Blue: All “outstandings” Are Not Created Equal

A common mistake in competitive procurements is a mechanical fixation on the adjectival ratings, color ratings, or numerical “scores” a procuring agency assigns a proposal under a particular evaluation factor. In best value tradeoff acquisitions, one often hears (from both contractors and government personnel) that, if two proposals have the same adjectival ratings, then the only rational choice is for the government to the award the contract to the lower-priced offeror. This common view is wrong and can lead to a sustained bid protest.

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