Well, without knowing the specifics of what the law states and the reasoning behind the decision makers to use the loop hole, it's difficult to say. However, I generally agree that the government should open things up for bid, but not be required to go with the lowest bidder. I've seen that fail too many times.

>That's not really relevant. The government is supposed to open these things up to tender. They aren't doing that. The suit should proceed and hopefully win.
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>Then, if the government allows tendering the way they're supposed to, and the proprietary software companies win the bids, ok, fine. At least it's open and above board the way it's intended to be.