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B-196796 1 (1981-05-22)

handle is hein.gao/gaobadjkm0001 and id is 1 raw text is: b 0jLERl - . THE COMPTROLLER GENERAL DECISION ,/ . OF THE UNITED STATES WASHINGTON, 0. C. 20548 UNITED) ILE: DATE: May 22, 1981 B-196 796 MATTER OF: Bromley Contracting Company, Inc. DIGEST: 1. GAO will consider error in bid claim filed after effective date of Contract Disputes Act of 1978 where contract was entered into before effective date of act, since contractor had option of filing claim with either GAO or contracting agency in the circumstances. 2. Claim for reformation of contract is denied where contracting officer amended contract after contract was performed to correct mutual mistake as to amount of work and contractor was compensated on basis of contract unit price of which contracting officer had no notice of error when contract was awarded. Bromley Contracting Company, Inc. (Bromley), seeks reformation of a contract for masonry repairs which it performed for the Department of the Army at Fort Dix, New Jersey (Army). At issue is the amount which should be paid for the removal and replacement of 5,569 bricks. Bromley argues that it is entitled to reformation based upon alternative theories of defective specifications and mistake in bid. We deny the request for reformation. On June 30, 1975, Bromley and the Army entered into contract No. DABT35-75-C-0367 for the repair of exterior brickwork on various permanent buildings at Fort Dix, New Jersey. The specifications provided that brick 11-1/2 x 3-5/8 x 2-1/4 inches in size should be used for the exterior facing and drawings indicated that a total of 244 square feet of brick would need to be removed and replaced. The Government

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