5898659713

Avant Assessment, LLC

September 22, 2016Judge McIlmail
DismissedAccord & Satisfaction / Release / WaiverCommercial Item

Avant Assessment, LLC appealed two decisions regarding a contract with the Defense Language Institute Foreign Language Center, one for breach damages and the other for repayment of advance payments. The Board dismissed one appeal as moot and denied the other, remanding it for negotiation of quantum.

Material Facts

  • Avant and the government entered into a contract for the provision of 3,300 foreign-language test items in September 2010.
  • The government terminated the contract for cause in June 2013.
  • Avant appealed from the termination, which was later converted to a termination for the convenience of the government.
  • The government issued a final decision demanding repayment of $71,572.98 for undelivered test items.
  • Avant presented a certified claim for $2,094,215.70 in breach damages, which the contracting officer did not decide.

Parties

Appellant
Avant Assessment, LLC
Respondent Agency
Defense Language Institute Foreign Language Center
Contract Number
W9124N-10-C-0109
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