Allegation of Ambiguity in Solicitation

The protester claimed that there was an ambiguity in the solicitation and sought clarification. Following 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 interpretation. 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 no other bidder was prejudiced by the omission.