58867

Avant Assessment, LLC

August 11, 2015Judge McIlmail
Sustained / Appellant PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / WaiverCommercial Item

Avant Assessment, LLC appealed the termination of its supply contract for cause, seeking conversion to a termination for convenience. The Board granted the appeal and converted the termination.

Material Facts

  • Avant Assessment, LLC entered into Contract No. W9124N-10-C-0109 with the Department of the Army for the provision of 3,300 foreign language test items.
  • Modification No. P00005 extended the period of performance to 31 December 2012 and included terms regarding the acceptance of items.
  • The government terminated the contract for cause on 26 June 2013, citing Avant's failure to deliver the required number of acceptable test items.

Parties

Appellant
Avant Assessment, LLC
Respondent Agency
Department of the Army
Contract Number
W9124N-10-C-0109
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