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B-190865 1 (1978-07-19)

handle is hein.gao/gaobadgfn0001 and id is 1 raw text is: I II A 1 THE COMPTROLLER GENERAL DEC:SION C .DF T H E UN ITE I STATED W5 WASH rNGTON, D C. 2O04U FILE: B-190865 DATE: July 19, 1978 MATTER OF: Security Systems, Inc. - Reconsideration DIGEST: 3. While contractor might not have been aware of applicability of Service Contract Act at time contracts were awarded, relief on basis of mutual mistake is not permissible since con- tracts express Government-'s intention and any mistake as to requirements of contracts was unilateral and not mutual. 2. Contracts cannot be .eformed where bid prices were not so far out of line as to coqstitute notice of mistake and it was not appvrent from examination of successful bids thaL i,3 provision had been made for compliance with Service Contract Act. 3. Where bid on one contract was $24,127.16, second low bid was $32,612.16 and prior contract was $27,610 and bid on second contract was $26,906.88 and second low hid was $32,664.25, facts and circumstances preclude finCing that contracts awarded were unconrcionable. In Security Systemrs, Inc., B-190065, February 1, 1978, 78-1 CPD 97, welfound for the reasons stated therein that the denial by the Corps of Engineers of the Security Systems, Inc. (SSI), claim was proper. By ltter of March 9, 1978, SSI indicated that it was not its intention to appeal the basis of the Corps' decision, but to obLain relief in connection with the performance of contracts DACW49- 76-C-0005 and DACW49-77-D-0006 awarded by the Corps for guard services for the reriod July J, 1975, to September 30, 1977, either on the basis of mutual mistake, unilateral mistake or unconscionability. DUO to on apparcnt misundierstanding concerning the applicability of the Service Contract Act, 41 U.S.C. g 351 (Supp. IV, 1974), SSI paid its employ-EeS the rate pre:<-cribed by the Fair Labor Standards Act, 29 1 4

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