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B-194941 1 (1979-10-12)

handle is hein.gao/gaobadhrb0001 and id is 1 raw text is: 
4


FILE:  B-194941               DATE: October 12, 1979

MATTER  OF:   R.B.S., Inc.


DIGEST:

     Request for reconsideration of decision
     is denied where it fails to specify error
     of law or information not previously
     considered.


     R.B.S., Inc., requests reconsideration of our
decision in R.B.S., Inc., B-194941, August 27, 1979,
79-2 CPD 156, in which we denied the firm's request
for an increase in price under a contract with the
Defense Logistics Agency (DLA) for 45,000 tons of
bituminous coal.

     R.B.S.'s original request was based on an alleged
error in its bid under the solicitation that resulted
in the subject contract.  R.B.S. contended that it mis-
takenly failed to include-in the bid price a $.35 per
ton reclamation fee required by section 402(a) of the
Surface Mining Control and Reclamation Act of 1977, V
.Pub. L. No. 95-87, 91 Stat. 457 (1977). However, we
found that there was no mutual mistake by the parties,
nor did the record show that the contracting officer
should have been on notice of a possible unilateral
mistake by R.B.S.  On that basis, we held that the
Government's acceptance of the bid consummated a valid
and binding contract at the bid price, and we therefore
denied the request for a price increase.

     In its request for reconsideration, R.B.S. merely
reiterates its position that relief should be available
on the basis of a mistake in its bid. Arguments in
support of that position were fully considered by our
Office in the review that resulted in our August 27
decision.  Since R.B.S. has failed to specify any error
of law or information not previously considered, the
request for reconsideration is denied. Reaction Instru-
ments, Inc., B-189168, March 6, 1978, 78-1 CPD 170.


                        THE  COMPTROLLER GENERAL
DECISION                OF   THE   UNITED STATES
                        WASHIN'GTON, D. C. 20548


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