June 17, 1986

APPEAL OF

SAMUEL J. TIBBS

UNDER CONTRACT NO. HCR 95640

PSBCA NO. 1523

APPEARANCE FOR APPELLANT:

Samuel J. Tibbs

APPEARANCE FOR RESPONDENT:

Charles T. Jackson, Esq.

OPINION OF THE BOARD ON MOTION TO DISMISS

Respondent has moved to dismiss this appeal, alleging that the Board has no jurisdiction, since Appellant, according to Respondent, alleges a mistake in bid after award and see ks contract reformation, a remedy which, Respondent contends, the Board cannot grant. Respondent relies on D. R. Norris, PSBCA No. 136 (March 5, 1975), in support of its Motion.

Respondent’s position is without merit and its reliance on the Norris appeal is erroneous. Norris was decided prior to the passage of the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613. Prior to that Act it was settled that Boards of Contract Appeals lacked jurisdiction to rescind or reform contracts based on mistake in bid allegations. However the Act’s passage changed those jurisdictional limitations and conferred upon Boards the jurisdiction to rescind or reform contracts. Pavco Inc., ASBCA No. 23783, 80-1 BCA ¶ 14,407. This grant of jurisdictional authority has been recognized by this Board in such cases as Page Devices, Inc., PSBC No. 888, 81-1 BCA ¶ 15,003, and Howard DeLozier Construction Co., PSBCA No. 928, 81-1 BCA ¶ 15,007. Accordingly, Respondent’s Motion to Dismiss is denied.

In so holding we express no opinion as to whether the claim asserted is based solely upon a mistake in bid theory. Additionally, it is noted that a proper final decision has not been given to Appellant by the Contracting Officer. Proceedings in this appeal therefore are suspended for thirty days to allow the Contracting Officer to consider Appellant’s claim and, if denying the claim, to issue a final decision which fully advises Appellant of the basis of the decision and of the alternative forums of appeal available. Upon receipt of the final decision Appellant is to advise whether it wishes to continue its appeal before this Board.

James D. Finn, Jr.

Administrative Judge

Vice Chairman

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

James E. Lemert

Administrative Judge

Board Member