ABSTRACT

The standard of award is an important aspect of the competitive bidding process in the public procurement process. Indeed, public procurement may be best known for its reputation as requiring the purchase of poor-quality goods or services under the “low bid” standard for awarding contracts. Whether or not this reputation may have been deserved at one time, a review of modern laws and regulations illustrates that the public procurement process has evolved into a much more quality-focused endeavor than is reflected in that common perception. Many public agencies include performance and quality requirements in specifications, coupled with a more generous standard for awarding contracts in order to secure responsible and responsive contractors through the competitive process.