I think there's something far more sinister to this. Observe (emphasis mine):

Diebold says it will ask a judge to overturn the selection of AutoMARK , a Diebold business competitor, because the office of Secretary of State
William F. Galvin
failed to choose the best machine.
If their lawsuit is successful, it will change the landscape by which government controlled entities buy products, and will cost local, state and
federal governmental agencies massive amounts of cash in legal fees because, if a company thinks their product is better than another company's (say
the FBI buys a bunch of Ford Crown Victorias but Toyota says the Camry XLE is better, or a local mayor's office buys a bunch of Bic pens but Pilot
says their pens are better), they can legitimately sue that governmental agency.
Who knows, this may even go deeper, and be to the point where
anyone can be sued for buying a product.