Avant Assessment, LLC

Material Facts

• Avant entered into contract 15 for the development and delivery of 4,620 foreign-language test items to DLI on 6 June 2011.
• The government accepted 4,437 of the 7,262 test items that Avant delivered, rejecting 2,825.
• The government terminated contract 15 for cause on 6 September 2013, citing Avant's failure to meet the delivery schedule.
• Avant submitted a certified claim to the contracting officer on 27 November 2013, requesting $1,203,812.91 for alleged constructive changes to contract 15.
• The contracting officer issued a final decision denying that claim on 29 June 2015.
• Avant and the government entered into contract 33 for the development and delivery of 1,300 foreign-language test items on 16 September 2011.
• The government accepted 1,241 of the 2,802 test items that Avant delivered, rejecting 1,561.
• The government terminated contract 33 for cause on 26 June 2013.
• Avant entered into contract 40 for the development and delivery of 3,600 foreign-language test items on 21 September 2011.
• The government accepted 3,150 of the 5,405 test items that Avant delivered, rejecting 2,255.

Parties

Appellant

Avant Assessment, LLC

Respondent Agency

Department of the Army

Contract Number

W9124N-11-C-0015