This section contains the nature of the case and procedural background.

The United States (D) invited bids on trap rock needed for Mollison Airport. Sylvan (P) submitted four bids for different size and screenings of the rock, and each bid was accepted by the procurement officer. The four bids were submitted on form documents that when read as a whole could leave no doubt that the parties had intended a contract to be formed from acceptance of the bid. However, the contract had an 'as required' clause in it. D moved to dismiss the action for failure to state a claim or to grant a summary judgment for D on the ground that no genuine issue exists as to any material fact. Summary judgment was granted, and P appealed.

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