I don't know about the US, but in the EU a tender has requirements. The topology of a network is a perfectly reasonable requirement so they couldn't compete on

I don't know about the US, but in the EU a tender has requirements. The topology of a network is a perfectly reasonable requirement so they couldn't compete on that (even if it's wrong) A tender for a brick house is, rightly, not going to be won by a wooden house proposal, even if it's cheaper and the company argues it's just as good.