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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 2Protest Grounds Based on the Government’s Description of the Requirement

1. AMBIGUITIES IN THE SOLICITATION: PATENT AND LATENT

Overview of This Protest Ground: Protest grounds arguing that a solicitation contained an ambiguity are raised both pre-award and post-award. Ambiguities, if found, are generally either patent or latent. A “patent” ambiguity is one that clearly appears on the face of a document, that is, it arises from the language itself. A “latent” ambiguity, by contrast, is not evident on the face of the document, but rather arises from some other matter and becomes apparent when the terms in question are applied or executed. ...

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