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B-196494 1 (1979-12-26)

handle is hein.gao/gaobadhve0001 and id is 1 raw text is: 



                      0 THE  COMPTROLLER GENERAL
DECISION                 OF  THE   UNITEO    STATES
                         WASHINGTON, D.C. 20548




FILE: B-196494                DATE: December 26, 1979

MATTER  OF:  John W. Logan


DIGEST:


          Request  for reformation of lease
            ased on allegation of unilatera
            mistake is denied where Government
            contracting official had neither
            actual nor constructive knowledge
            of mistake.


      Mr. John D. Logan has requested our decision
 concerning a disagreement involving a lease agree-
 ment (GS-10B-03794) that he has with the General
 Services Administration (GSA). Mr. Logan agreed,
 by lease dated October 4, 1968, to lease to GSA
 office space in Walla Walla, Washington, at an
 annual rent of $22,325. That lease was for 10
 years, with GSA having the option to renew for
 two 5-year terms with the same terms and conditions
 applying.  The lease also provided that after 5
 years the Government could terminate the lease by
 giving 120 days notice and that Mr. Logan could
 terminate the lease by giving 150 days notice.

      After 5 years, Mr. Logan requested a rent
 increase and stated that he would terminate the
 lease if it was not granted. GSA agreed to
 renegotiate the lease, and on August 9, 1974,
 entered into a supplemental lease agreement with
 Mr. Logan.  That agreement modified three terms
 of the original lease.  The rent was increased by
 approximately 35 percent. Mr. Logan's termination
 rights were removed, and the old rental price was
 deleted from the renewal option clause.

      At the appropriate time before the end of the
 10-year term, GSA notified Mr. Logan that it was
 renewing the lease for 5 years. Mr. Logan responded

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