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B-194941 1 (1979-08-27)

handle is hein.gao/gaobadhoi0001 and id is 1 raw text is: ,9- OLLR C o pTHE COMPTROLLER GENERAL DECISICN .OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-194941 DATE:August 7, 1979 MATTER OF: R. B. S. , Inc. Oco DIGEST: 1. Contract may not be reformed on basis of mutual mistake where contract reflects parties' actual agreement, and there is no evidence of misrepresentation by Government that induced mistake. 2. No legal basis exists for reformation of contract based on claim of unilateral mistake in bid alleged after award, since comparison of low bid with other bids re- ceived provided no basis for contracting officer to suspect mistake in low bid, and acceptance of bid resulted in valid and binding contract. 3. Bidders are charged with notice of United States statutes and of regulations pub- lished in Federal Register. R.B.S., Inc., requestsF increase in t-Wegontract yrice of contract No7 DLA600-78-D-1654 awarded to the firm on November 10, 1977, by the Defense Logistics Agency (DLA) for 45,000 tons of bituminous coal, on the basis of an error in its bid discovered after the award. R.B.S. contends that it mistakenly failed to include in its bid price a $.35 per ton reclamation fee required by section 402(a) of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, 91 Stat. 457 (1977) (the Act), which provides: All operators of coal mining operations subject to the provisions of this Act shall pay to the Secretary of thh Interior * * * a reclamation fee of 35 cents per ton of coal produced by surface coal mining * * For the reasons set forth below, the request is denied.

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