613586140761442

Avant Assessment, LLC

October 3, 2018Judge McIlmail
Partially SustainedCDA Jurisdiction

Avant Assessment, LLC appealed three contract terminations by the U.S. Army Mission Contracting Command, seeking compensation under termination-for-convenience clauses. The Board dismissed certain claims for lack of jurisdiction but awarded specific amounts for settlement proposal expenses.

Material Facts

  • Avant Assessment, LLC sought compensation under termination-for-convenience clauses after the U.S. Army converted default terminations to convenience terminations.
  • The contracts required the delivery of a specified number of test items, which were modified to lower quantities.
  • Avant was paid for the modified totals of acceptable test items.
  • The government retained ownership of all deliverables, including rejected items.
  • Avant submitted termination settlement proposals requesting compensation for costs incurred for completed items delivered above the contracted amount.

Parties

Appellant
Avant Assessment, LLC
Respondent Agency
U.S. Army Mission Contracting Command
Contract Number
W9124N-10-C-0109
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