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B-187386 1 (1976-11-15)

handle is hein.gao/gaobadegp0001 and id is 1 raw text is: - - - Alan Zuckeman 1QL( Proc. II C 00130N THFTH UNMRLLTD STAESA WASH-INGTON, D.C. 20549 4= .FILE: b-17386 DATE: November 15> 1976 MATTER OF: Blake Construction Company, Inc. DIGEST: Contract modification may not be reformed to delete an item of work or alternatively increase contract price because of contractor's unilateral mistake in pri'e pro- posal of which Government was unaware. Diake Construction Company, Inc. (Blake) requests the reformation of contract modificr.tion No, P-00004 under Army Corps of Enginaers contract No. DACA 31-71-0-0178 to increase the price of such modification by $4,000.00. The request for reformation is based upon an asseted mutual mistake in the negotiation of the modification because of the failure to con- sider the costs !or a portion of the work effort required. Contract No. DACA 31-71-0-0178 in the amount of $9,988,00 was awarded to Blake on June 23, 1971, for the Phase I construction of the Harry Diamond Laboratories. On Novemer 9, 1971, the Goveroment orally requested the contractor to revise the dimensions of electric nanhole #1. The contractor a;knowledged the request by a letter to the area engineer dated November 9, 1971. In addition to referencing the contract number, the letter carried the reference Electric Manhles, PC #7, In pertinent part, the letter contained the folliwing statements: It is understood that the above work will. incorporated into a field change order to t issued by your office. In accordance with Mr. Stewart's verbal direc- tive, we are procn ;ng with the above changes to the work and wit submit our cost incurizd accordingly. The designation PCO 7 is a contractor internal file designation. I I

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