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Request for Reformation of Contract Terms Based Upon Mistake Alleged After Award

B-194075 Apr 16, 1979
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Highlights

A firm requested reformation of its requirements type contract awarded by the General Services Administration (GSA) due to a mistake alleged after the award. The contract prices in question were based on discounts bid from suppliers' catalogue or market prices as well as the delivery terms offered by the bidder. Since there was neither an allegation of mutual mistake nor a claim that the contracting officer had actual knowledge of the alleged error, the mistake must be considered the protester's unilateral error. Under this circumstance, the contract may not be refunded.

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