'Best Value' Procurement Shouldn't Prevent Claims

Law360, New York (May 5, 2011, 12:48 PM EDT) -- Contracting by negotiation, or “best value” procurement, has been increasingly used by the federal government over the years to purchase goods and services. The government likes this form of procurement because it provides agencies with the flexibility to choose a contractor that the agency feels is best suited to provide the goods or services being purchased. The government is not forced to contract with the lowest bidder, which, even if that contractor is deemed responsible, may not, in the government's eyes, be up to the task....
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