A tender process agreement does not require a purely arithmetical or mechanical evaluation process; subjective business judgments are inherent in scoring against qualitative criteria. The expression 'final decision point' in a tender process does not preclude shortlisting by combining cost and quality assessments before final selection. Where alternative causes of action (misleading and deceptive conduct, unconscionable conduct, estoppel, negligence) are based on the same factual substratum as a breach of contract claim, dismissal of the contract claim warrants dismissal of the alternative claims.
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