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B-190620 1 (1978-01-06)

handle is hein.gao/gaobadfmu0001 and id is 1 raw text is: %4 11 THE COMPTROLLER GENERAL DECISION *'l , CIw THE UNITEED 0TATES WASHINGTON, D.C. 20548 LC\ FILE: B-190620 OATE: January 6, 1978 4t MATTER OF: ACTION Request for Reformation of Contracts a DIGEST; Purchase order contracts may be reformed Qn basis of mutual mistake to include provision for Government-furnished travel and per diem where record shows that clear understanding of partieo that Government would furnish these items was not initially incorporated into ptrchase orders. ACTION has requested our approval of proposed, reformation of contracri. 4ith Dr. Howard Clemans and Rchard Kimmina on th&,tasis that the two con- tracts do not express the actual intention of the parties because of a mutual mistake, Tfe record shows that by purchase order dated January 10, 1977, Di. Hioward Clemens was hiwred by ACTION to conduct a feasibility study in senegal to determine the potential for an inland fisheries program. The purchase order covered the pqriod from January 10, 1977, through January 31,''1977, and specified.that the contractor would be paid a fixed-price of $2,242 as full consideration for conducting the study. Mr. Kimmins was hired by ACTION to direct two workshops at a Peace Corps conference in Senetal and to prepare a paper for the conference. On June 2, 1977, a purchase order in the amount of $875 was issued for Mr. Kimmins' services. Travel orders referencing the respective purchase orders were issued for Dr. Clemens and Mr. Kimmins authorizing round trip transportation to Dakar, Senegal and payment of per iem. How- ever, neither purchase order itself made any reference to travel expenses and per diem as part of the underlying agreements. ACTION requests our approval of the reformation of the purchase orders to include these itema.

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