Request for Contract Reformation

A firm requested reformation of a contract for certain electrical supplies awarded by the Office of the Architect of the Capitol. After the firm had shipped the material, it was advised that the shipment was not in conformity with stated requirements. On reviewing the solicitation, the contractor realized for the first time that the specifications called for numbers of unusual 10-foot conduit lengths, while its bid preparation and shipment were based on common trade usage 1-foot conduit lengths. The firm advised the agency of its error and requested reformation. The general rule applicable to an error in bid alleged after award is that the bidder must bear the consequences of its mistake unless it was mutual or the contracting officer had either actual or constructive notice of the mistake prior to award. In this case, the claimant suggested that a mutual error was made because the agency failed to compare its bid with the Government estimate. This suggestion was misplaced since the essence of mutual mistake is that the contract as reduced to writing does not reflect the actual agreement of the parties. In the instant case, the contract contained the agreement of the parties. The claim for relief was denied.