# How Can an Organization Ensure Its Rfp Evaluation Criteria Are Legally Defensible? ▴ Question

**Published:** 2025-08-06
**Categories:** Question

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## Concept

Ensuring the [legal defensibility](https://prime.greeks.live/area/legal-defensibility/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) of a Request for Proposal (RFP) evaluation framework is an exercise in architectural integrity. The system you construct must be fundamentally grounded in objectivity, transparency, and fairness to withstand scrutiny. A successful defense against a legal challenge begins long before any proposals are received; it is embedded in the very structure of the [evaluation criteria](https://prime.greeks.live/area/evaluation-criteria/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite). The core objective is to create a process so clear and logical that its outcomes are demonstrably the result of a predetermined, impartial system, not the subjective preferences of the evaluators.

The foundation of this system rests on a clear articulation of the organization’s needs. Every criterion included in your evaluation must have a direct, logical link to the project’s essential requirements and strategic goals. This linkage is the primary load-bearing element of your defensive structure. When a vendor protests a decision, the first line of inquiry will target the relevance and necessity of the evaluation factors.

Criteria that appear arbitrary, or that favor one vendor without a clear business justification, create vulnerabilities. Therefore, the initial design phase, where project goals are translated into measurable evaluation points, is the most critical stage in mitigating legal risk.

> A legally defensible RFP evaluation process is built on a foundation of clearly defined, relevant, and transparent criteria that are consistently applied to all proponents.

This architectural approach treats the RFP document as a constitutional text for the procurement process. It must explicitly state the “laws” by which all participants will be judged. This includes not just the criteria themselves, but also their relative importance or weighting. Disclosing the evaluation rubric and scoring system within the RFP document serves a dual purpose.

It provides vendors with a clear roadmap for crafting a responsive proposal, and it establishes a transparent, contractually binding framework for the evaluation team. This preemptive transparency strips away ambiguity and provides a powerful defense against claims of bias or unfair treatment. The entire process must be designed as a closed logical loop, where the final decision can be traced directly back to the principles and rules laid out in the initial RFP document.

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## Strategy

Developing a strategic framework for legally defensible [RFP evaluation criteria](https://prime.greeks.live/area/rfp-evaluation-criteria/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) involves a multi-layered approach that integrates project requirements, stakeholder alignment, and transparent mechanics. The primary strategic objective is to create an evaluation model that is both effective in selecting the best vendor and robust enough to resist legal challenges. This requires a disciplined process that moves from high-level project goals to granular, quantifiable metrics.

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## Aligning Criteria with Core Requirements

The first step is a rigorous needs analysis. The project team must dissect the organization’s requirements and categorize them into distinct, measurable areas. These often fall into categories like technical capabilities, project management approach, past performance, and cost.

For each category, the team must define what success looks like and how it can be measured. For instance, instead of a vague criterion like “good technical support,” a more defensible approach would be to specify “a tiered support system with guaranteed response times of under one hour for critical issues, available 24/7.” This specificity transforms a subjective preference into an objective, verifiable requirement.

> The strategic weighting of evaluation criteria must directly reflect the organization’s prioritized project outcomes, ensuring the scoring process is an accurate proxy for value.

This alignment process ensures every single evaluation criterion serves a legitimate business purpose. It provides a clear, defensible answer to the question, “Why was this factor considered?” A criterion that cannot be tied back to a specific, documented need is a potential point of failure in a legal dispute. It is also strategically wise to involve key stakeholders from different departments (e.g. legal, finance, IT, and the end-user department) in this phase to ensure the criteria are comprehensive and reflect the organization’s holistic definition of value.

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## What Is the Best Method for Scoring Proposals?

Once the criteria are defined, the organization must select a [scoring methodology](https://prime.greeks.live/question/how-does-sa-ccr-improve-upon-the-current-exposure-methodology/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite). The chosen method should be disclosed in the RFP to ensure transparency. Two common and effective methodologies are [weighted scoring](https://prime.greeks.live/area/weighted-scoring/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) and compliance-based scoring. Each serves a different strategic purpose.

- **Weighted Scoring** ▴ This is the most common and highly recommended approach for complex procurements. Each criterion or section of the RFP is assigned a weight (as a percentage or point value) that corresponds to its importance. For example, technical solution might be weighted at 40%, while cost is 30%, and past performance is 30%. This method allows for a nuanced evaluation that prioritizes the most critical aspects of the proposal. It creates a clear, mathematical basis for the final decision, making it highly defensible.

- **Compliance-Based Scoring** ▴ For procurements where adherence to a strict set of requirements is paramount, a compliance or pass/fail system can be used for certain criteria. A proposal must meet all mandatory requirements to be considered for further evaluation. This is often used as a preliminary screening stage before a more detailed weighted scoring is applied to the compliant proposals. This ensures that only vendors who meet the absolute baseline requirements are considered, simplifying the subsequent evaluation.

The table below compares these two strategic approaches to scoring.

| Scoring Methodology | Description | Best Use Case | Legal Defensibility Strength |
| --- | --- | --- | --- |
| Weighted Scoring | Assigns points or percentages to different criteria based on their relative importance. The scores are tallied to produce a final, quantitative ranking of proposals. | Complex projects where multiple factors contribute to the overall value and a tradeoff between price and quality is necessary. | High. Provides a clear, objective, and mathematical justification for the award decision. The logic is easy to document and explain. |
| Compliance-Based (Pass/Fail) | Criteria are defined as mandatory requirements. Proposals are evaluated on whether they meet these requirements. Failure to meet a single mandatory requirement results in disqualification. | As a preliminary filter for procurements with critical, non-negotiable requirements (e.g. specific certifications, security clearances, or technical standards). | High for the criteria it covers. It is unambiguous. However, it is often used in conjunction with weighted scoring for the remaining, non-mandatory criteria. |

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## How Can Transparency Prevent Legal Challenges?

A core tenet of a defensible strategy is radical transparency. Organizations should explicitly state the evaluation criteria, the scoring methodology, and the weights in the RFP document. This proactive disclosure manages vendor expectations and reduces the likelihood of protests based on perceived unfairness.

It forces the [evaluation committee](https://prime.greeks.live/area/evaluation-committee/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) to commit to a specific framework before seeing the proposals, which is a powerful defense against accusations of tailoring the criteria to favor a preferred vendor after the fact. A well-structured Q&A process, where all questions and answers are shared with all proponents, further reinforces this transparency and ensures a level playing field.

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## Execution

The execution phase is where the strategic framework for [RFP evaluation](https://prime.greeks.live/area/rfp-evaluation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) is operationalized. A flawless execution, characterized by meticulous documentation and procedural consistency, is what ultimately solidifies the legal defensibility of the procurement decision. This phase requires a disciplined, systematic approach managed by a well-prepared evaluation committee.

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## Establishing the Evaluation Committee and Process

The first step in execution is to assemble an evaluation committee. This committee should consist of individuals with the expertise necessary to assess the proposals against the established criteria. Members might include technical experts, project managers, financial analysts, and representatives from the end-user group.

It is critical to provide this committee with formal training on the [evaluation process](https://prime.greeks.live/question/how-do-regulatory-frameworks-like-mifid-ii-influence-the-process-for-rfq-counterparty-evaluation-and-best-execution/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) before they receive any proposals. This training should cover:

- **Review of the RFP** ▴ A thorough walkthrough of the RFP, focusing on the project requirements and the specific evaluation criteria and their weights.

- **Scoring Instructions** ▴ Clear guidance on how to use the [scoring rubric](https://prime.greeks.live/area/scoring-rubric/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite), including definitions for each score level (e.g. 1 = Does Not Meet Requirement, 5 = Exceeds Requirement).

- **Conflict of Interest** ▴ A briefing on identifying and disclosing any potential conflicts of interest with the proposing vendors. Each member should sign a statement attesting to their impartiality.

- **Confidentiality** ▴ Instructions on maintaining the confidentiality of the proposals and the evaluation proceedings.

This training ensures that every evaluator is applying the criteria in a consistent manner, which is a cornerstone of a fair and defensible process. All training activities and materials should be documented as part of the official procurement record.

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## Developing and Applying a Granular Scoring Rubric

The theoretical criteria and weights from the strategy phase must be translated into a practical, granular scoring rubric. This rubric is the primary tool the committee will use for evaluation. It breaks down each high-level criterion into specific, observable sub-factors. For example, the criterion “Project Management Approach” could be broken down into sub-factors like “Clarity of Work Breakdown Structure,” “Realism of Timeline,” and “Experience of Proposed Project Manager.”

The following table provides an example of a detailed scoring rubric for a hypothetical software implementation RFP.

| Evaluation Criterion (Weight) | Sub-Factor | Scoring Scale (1-5) | Score Definition |
| --- | --- | --- | --- |
| Technical Solution (40%) | Core Functionality Match | 1-5 | 1 ▴ Significant gaps. 3 ▴ Meets most requirements. 5 ▴ Meets all and offers additional value. |
| Past Performance (30%) | References for Similar Projects | 1-5 | 1 ▴ No relevant references. 3 ▴ Positive references from similar-sized projects. 5 ▴ Exceptional references from highly relevant projects. |
| Cost (30%) | Total Cost of Ownership | 1-5 | Scored formulaically, with the lowest cost receiving the highest score. |

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## Why Is Meticulous Documentation the Ultimate Defense?

Throughout the execution phase, the guiding principle must be “document everything.” The procurement file is the primary evidence in the event of a legal challenge. It must tell a complete and coherent story of a fair and disciplined process. Every step, from the initial needs assessment to the final award notification, must be recorded.

> A complete and contemporaneous record of the evaluation process is the most powerful evidence an organization can present to defend against a procurement challenge.

The following is a checklist of essential documentation to maintain:

- **Pre-RFP Documentation** ▴ This includes the initial project charter, needs analysis documents, and records of the stakeholder meetings where evaluation criteria were decided.

- **The RFP Document** ▴ The final version of the RFP as it was issued to vendors, including the stated evaluation criteria and scoring methodology.

- **Communication Records** ▴ Copies of all communications with vendors, including all questions received and all answers provided (which must be shared with all vendors).

- **Evaluator Documentation** ▴ Signed conflict of interest and confidentiality forms from every member of the evaluation committee.

- **Individual Scoring Sheets** ▴ The completed scoring rubrics from each individual evaluator. These sheets should include not just the scores, but also the evaluator’s written comments justifying the scores given for each criterion. These comments are invaluable for demonstrating a rational basis for the evaluation.

- **Consensus Meeting Minutes** ▴ Detailed notes from the meeting where the evaluators convened to discuss their individual scores and arrive at a consensus rating. These minutes should document the discussion, rationale for any score changes, and the final consensus scores.

- **Final Decision Memorandum** ▴ A formal document that summarizes the evaluation process, presents the final scores for all proposals, and provides a clear rationale for the selection of the winning vendor based on the predefined evaluation criteria.

- **Post-Award Communications** ▴ Copies of the award notification sent to the successful vendor and the non-award notifications sent to the unsuccessful vendors. Records of any debriefing meetings offered or provided to unsuccessful vendors should also be kept.

By systematically creating and archiving these records, an organization builds a robust legal defense. This documentation provides a clear, auditable trail that demonstrates the process was fair, objective, and conducted in strict accordance with the rules laid out in the RFP.

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## References

- National Institute of Governmental Purchasing. “Legal Aspects of Public Procurement.” 3rd ed. NIGP, 2020.

- Yukins, Christopher R. “A Guide to Best Practices in Federal Contracting.” George Washington University Law School, Public Law and Legal Theory Paper No. 2021-15, 2021.

- Tadelis, Steven. “Public Procurement ▴ Principles and Practices.” Stanford University, Working Paper, 2012.

- Government Accountability Office. “GAO Bid Protest Overview.” GAO-22-10585G, 2022.

- Schapper, P. R. & Veiga Malta, J. N. “The procurement of complex projects.” Journal of Public Procurement, vol. 1, no. 2, 2001, pp. 209-227.

- American Bar Association. “The 2000 Model Procurement Code for State and Local Governments.” ABA, 2000.

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## Reflection

The architecture of a defensible RFP evaluation system is a direct reflection of an organization’s commitment to procedural integrity. Moving beyond the mechanics of scoring and documentation, it is valuable to consider the system as a whole. How does your current procurement framework function under pressure? Does it operate as a transparent, resilient system designed to produce optimal, defensible outcomes, or does it rely on informal processes and individual discretion?

The principles outlined here provide the components for constructing such a system. The true strategic advantage, however, comes from viewing these components not as a checklist to be completed, but as an integrated operational framework. A robust framework does more than mitigate legal risk; it enhances decision quality, fosters vendor trust, and ultimately drives greater value for the organization. The ultimate question is how these principles can be embedded into your organization’s operational DNA to build a procurement system that is defensible by design.

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## Glossary

<a href="https://prime.greeks.live/area/evaluation-criteria/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Evaluation Criteria

Meaning ▴ Evaluation Criteria define the quantifiable metrics and qualitative standards against which the performance, compliance, or risk profile of a system, strategy, or transaction is rigorously assessed. </a><a href="https://prime.greeks.live/area/legal-defensibility/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![Sleek, metallic form with precise lines represents a robust Institutional Grade Prime RFQ for Digital Asset Derivatives. The prominent, reflective blue dome symbolizes an Intelligence Layer for Price Discovery and Market Microstructure visibility, enabling High-Fidelity Execution via RFQ protocols](https://options.greeks.live/wp-content/uploads/2025/08/prime-os-rfq-protocol-high-fidelity-digital-asset-derivatives-engine.jpg)

## Legal Defensibility

Meaning ▴ Legal Defensibility defines the inherent capacity of a system, process, or transaction to withstand legal scrutiny and challenge, predicated on the integrity, immutability, and auditable nature of its underlying data, protocols, and operational records. </a><a href="https://prime.greeks.live/area/rfp-evaluation-criteria/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Rfp Evaluation Criteria

Meaning ▴ RFP Evaluation Criteria define the structured framework employed by institutional entities to systematically assess vendor proposals for complex technology and service procurements, particularly within the domain of institutional digital asset derivatives infrastructure, ensuring precise alignment with defined operational requirements and strategic objectives. </a><a href="https://prime.greeks.live/question/how-does-sa-ccr-improve-upon-the-current-exposure-methodology/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A sphere, split and glowing internally, depicts an Institutional Digital Asset Derivatives platform. It represents a Principal's operational framework for RFQ protocols, driving optimal price discovery and high-fidelity execution](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-protocol-execution-engine-1.jpg)

## Scoring Methodology

SA-CCR upgrades the prior method with a risk-sensitive system that rewards granular hedging and collateralization for capital efficiency. </a><a href="https://prime.greeks.live/area/weighted-scoring/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A precise metallic central hub with sharp, grey angular blades signifies high-fidelity execution and smart order routing. Intersecting transparent teal planes represent layered liquidity pools and multi-leg spread structures, illustrating complex market microstructure for efficient price discovery within institutional digital asset derivatives RFQ protocols](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-engine-for-high-fidelity-execution-across-market-microstructure-dynamics.jpg)

## Weighted Scoring

Meaning ▴ Weighted Scoring defines a computational methodology where multiple input variables are assigned distinct coefficients or weights, reflecting their relative importance, before being aggregated into a single, composite metric. </a><a href="https://prime.greeks.live/area/evaluation-committee/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Evaluation Committee

Meaning ▴ An Evaluation Committee constitutes a formally constituted internal governance body responsible for the systematic assessment of proposals, solutions, or counterparties, ensuring alignment with an institution's strategic objectives and operational parameters within the digital asset ecosystem. </a><a href="https://prime.greeks.live/area/rfp-evaluation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A futuristic apparatus visualizes high-fidelity execution for digital asset derivatives. A transparent sphere represents a private quotation or block trade, balanced on a teal Principal's operational framework, signifying capital efficiency within an RFQ protocol](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-execution-via-prime-os.jpg)

## Rfp Evaluation

Meaning ▴ RFP Evaluation denotes the structured, systematic process undertaken by an institutional entity to assess and score vendor proposals submitted in response to a Request for Proposal, specifically for technology and services pertaining to institutional digital asset derivatives. </a><a href="https://prime.greeks.live/question/how-do-regulatory-frameworks-like-mifid-ii-influence-the-process-for-rfq-counterparty-evaluation-and-best-execution/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Evaluation Process

MiFID II mandates a data-driven, auditable RFQ process, transforming counterparty evaluation into a quantitative discipline to ensure best execution. </a><a href="https://prime.greeks.live/area/scoring-rubric/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A transparent sphere, bisected by dark rods, symbolizes an RFQ protocol's core. This represents multi-leg spread execution within a high-fidelity market microstructure for institutional grade digital asset derivatives, ensuring optimal price discovery and capital efficiency via Prime RFQ](https://options.greeks.live/wp-content/uploads/2025/07/prime-os-digital-asset-derivatives-rfq-protocols-high-fidelity-execution.jpg)

## Scoring Rubric

Meaning ▴ A Scoring Rubric represents a meticulously structured evaluation framework, comprising a defined set of criteria and associated weighting mechanisms, employed to objectively assess the performance, compliance, or quality of a system, process, or entity, often within the rigorous context of institutional digital asset operations or algorithmic execution performance assessment. </a>

**Tags:** [Procurement Documentation](https://options.greeks.live/area/procurement-documentation/), [Evaluation Committee](https://options.greeks.live/area/evaluation-committee/), [Evaluation Criteria](https://options.greeks.live/area/evaluation-criteria/), [Objective Evaluation](https://options.greeks.live/area/objective-evaluation/), [RFP Evaluation Criteria](https://options.greeks.live/area/rfp-evaluation-criteria/), [RFP Process](https://options.greeks.live/area/rfp-process/)	

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A flawed RFP evaluation system is an architectural defect that guarantees a suboptimal procurement outcome.

- 
### [What Are the Best Practices for Ensuring Transparency and Fairness in the Rfp Evaluation Stage?](https://options.greeks.live/question/what-are-the-best-practices-for-ensuring-transparency-and-fairness-in-the-rfp-evaluation-stage/)
![A modular, institutional-grade device with a central data aggregation interface and metallic spigot. This Prime RFQ represents a robust RFQ protocol engine, enabling high-fidelity execution for institutional digital asset derivatives, optimizing capital efficiency and best execution.](https://options.greeks.live/wp-content/uploads/2025/08/principals-institutional-digital-asset-derivatives-prime-os-for-optimized-rfq-protocol-best-execution-system.jpg)

A fair RFP evaluation is a system of weighted criteria and objective scoring, executed with total transparency.

- 
### [How Can an Organization Ensure Its Rfp Evaluation Criteria Are Legally Defensible and Fair?](https://options.greeks.live/question/how-can-an-organization-ensure-its-rfp-evaluation-criteria-are-legally-defensible-and-fair/)
![A central, intricate blue mechanism, evocative of an Execution Management System EMS or Prime RFQ, embodies algorithmic trading. Transparent rings signify dynamic liquidity pools and price discovery for institutional digital asset derivatives. Background diagonals abstractly depict market microstructure optimization via RFQ protocols ensuring high-fidelity execution.](https://options.greeks.live/wp-content/uploads/2025/07/precision-engineered-institutional-digital-asset-derivatives-framework-driving-high-fidelity-rfq-execution-and-optimized-market-microstructure-for-capital-efficiency.jpg)

A legally defensible RFP evaluation system translates strategic needs into a transparent, objective, and consistently applied scoring framework.

- 
### [What Is the Role of the Legal Department in Drafting and Reviewing Rfp Evaluation Criteria?](https://options.greeks.live/question/what-is-the-role-of-the-legal-department-in-drafting-and-reviewing-rfp-evaluation-criteria/)
![An abstract metallic circular interface with intricate patterns visualizes an institutional grade RFQ protocol for block trade execution. A central pivot holds a golden pointer with a transparent liquidity pool sphere and a blue pointer, depicting market microstructure optimization and high-fidelity execution for multi-leg spread price discovery.](https://options.greeks.live/wp-content/uploads/2025/07/digital-asset-derivatives-rfq-market-microstructure-optimization.jpg)

The legal department's role is to architect a defensible procurement framework by ensuring RFP evaluation criteria are objective and clear.

- 
### [How Can an Organization Prevent Individual Bias from Influencing RFP Scoring?](https://options.greeks.live/question/how-can-an-organization-prevent-individual-bias-from-influencing-rfp-scoring/)
![A sleek conduit, embodying an RFQ protocol and smart order routing, connects two distinct, semi-spherical liquidity pools. Its transparent core signifies an intelligence layer for algorithmic trading and high-fidelity execution of digital asset derivatives, ensuring atomic settlement.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-execution-engine-bridging-diverse-liquidity-pools-via-high-fidelity-rfq-protocol-orchestration.jpg)

An organization prevents bias in RFP scoring by engineering a blind, multi-stage evaluation system with pre-defined, weighted criteria and trained, diverse evaluators.

- 
### [What Is the Role of a Governance Observer in the Rfp Scoring Process?](https://options.greeks.live/question/what-is-the-role-of-a-governance-observer-in-the-rfp-scoring-process/)
![Precision cross-section of an institutional digital asset derivatives system, revealing intricate market microstructure. Toroidal halves represent interconnected liquidity pools, centrally driven by an RFQ protocol. This Prime RFQ architecture enables high-fidelity execution, optimizing multi-leg spread strategies and capital efficiency.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-prime-os-architecture-revealing-precision-rfq-protocol-engine-for-optimal-high-fidelity-execution-and-latent-liquidity-aggregation.jpg)

A Governance Observer ensures RFP scoring integrity by independently auditing the process for fairness, consistency, and protocol adherence.

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---

**Original URL:** https://options.greeks.live/question/how-can-an-organization-ensure-its-rfp-evaluation-criteria-are-legally-defensible/
