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The problem I could see is the loser going after "gray" areas.  Performance and price are going to be hard numbers.  "Company A gives us a bit more of a warm fuzzy because of past performance" is going to be more subjective.  So if the performance and price are close enough to make no difference, and it's decided based on those other criteria, I could see the loser trying to make a case. IMO neither side has covered themselves in glory there though.