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It is.

Because of lawsuit fears. Whatever the decision the DAPA reaches, it must be able to withstand the court challenges. And there are dozen American and European law firms operating in Korea. At the end of tender, each bidding vendor will be briefed on how their bid performed next to their competitors and a copy of the evaluation result. The losing bidder can choose to challenge the decision in court if they found the result unfair. But the DAPA makes sure that won't happen, and this is why the lowest price bidders tend to win since it is hard to make a legal case against a bid that was cheaper than yours in an open-bid contest.

No bid is illegal. However, it is illegal for the DAPA to select the bid priced above the legal limit. Lockheed appears to be advised by bad advisors, and they must have had a false belief that they could close this deal based on a backroom political dealing like the Japanese F-X contest.

They have sources inside the government agencies. The agency themselves may choose to leak on purpose to pressure certain vendors, etc.

<blockquote data-quote="SlowMan" data-source="post: 173990" data-attributes="member: 9298">It is.Because of lawsuit fears. Whatever the decision the DAPA reaches, it must be able to withstand the court challenges. And there are dozen American and European law firms operating in Korea. At the end of tender, each bidding vendor will be briefed on how their bid performed next to their competitors and a copy of the evaluation result. The losing bidder can choose to challenge the decision in court if they found the result unfair. But the DAPA makes sure that won't happen, and this is why the lowest price bidders tend to win since it is hard to make a legal case against a bid that was cheaper than yours in an open-bid contest. No bid is illegal. However, it is illegal for the DAPA to select the bid priced above the legal limit. Lockheed appears to be advised by bad advisors, and they must have had a false belief that they could close this deal based on a backroom political dealing like the Japanese F-X contest.They have sources inside the government agencies. The agency themselves may choose to leak on purpose to pressure certain vendors, etc.</blockquote>

[QUOTE="SlowMan, post: 173990, member: 9298"] It is. Because of lawsuit fears. Whatever the decision the DAPA reaches, it must be able to withstand the court challenges. And there are dozen American and European law firms operating in Korea. At the end of tender, each bidding vendor will be briefed on how their bid performed next to their competitors and a copy of the evaluation result. The losing bidder can choose to challenge the decision in court if they found the result unfair. But the DAPA makes sure that won't happen, and this is why the lowest price bidders tend to win since it is hard to make a legal case against a bid that was cheaper than yours in an open-bid contest. No bid is illegal. However, it is illegal for the DAPA to select the bid priced above the legal limit. Lockheed appears to be advised by bad advisors, and they must have had a false belief that they could close this deal based on a backroom political dealing like the Japanese F-X contest. They have sources inside the government agencies. The agency themselves may choose to leak on purpose to pressure certain vendors, etc. [/QUOTE]

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