Request for Reformation of Purchaser Road Credit

The petitioner requested reformation of the purchaser road credit for road construction set out in a timber sale contract to reflect the cost data in effect at the time of the award rather than at the time of the bid because of the unusual delay in award of the contract. The original awardee assigned the contract to the petitioner through a third party agreement approved by the agency. Neither the original awardee nor the petitioner requested a change in the purchaser road credit at the time of the agreement. Reformation of the purchaser road credit would not be proper if the timber sale contract and the third party agreement expressed the actual intent of the contracting parties.