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![handle is hein.gao/gaobadfdv0001 and id is 1 raw text is:
A-
DCCUMENT !ESUME
03874 - [B2773997]
(Allegation of Ambiguity in Solicitation]. B-189458. September
28, 1977. 6 pp.
Decision re: Kleen-Bite Corp.; by Robert P. Keller, Acting
Comptroller General.
Issue Aran: Federal Procurevment of Goods and Services (1900).
Contact: office of the General Coursel:o Procurseent Law I.
Budget Function: National Defense: Department cf Defense -
Procurement & Contracts (058).
Organizaticn Concerned: Departmint of the Army: Tort Dix, NJ.
Authority: Service Contract Act of 1965 (41 U.S.C. 351 et seq.
(Supp. III)). A.S.P.R. 7-1905. 48 Coup. Gen. 757. 48 Coup.
Gen. 760. 54 Comp. Gen. 1009. 54 Coup. Gem. 1011. 55 Coup.
Gen. 1020. 47 Coap. Gen. 682. 47 Coup. Gen. 685. 53 Comp.
Gen. 586. 54 Comp. Gen. 237. 52 Comp. Gen. 285. 4 C.P.R.
20. 10. 4 C.F.R. 20.2(b) (1)
The protester claimed that there vas an ambiguity in
the solicitation and sought clarilication. Pcllowing bid
opening, the protester filed suit to restrain performance under
the contract. The solicitation was not ambiguous since it was
subject to only one reasonable interpretaticn. Although the
protest of the omission of a mandatory clause from the
solicitation was untimely, the issue was addressed since the
court expressed an interest in the decision. The award may be
made under the defective invitation if the award will meet the
Government's actual needs and if nc other bidder was prejudiced
by the omission. (Author/SC)
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