Agency Cannot Terminate for Default After Agreeing to New Delivery Schedule; ASBCA Nos. 58903, Avant Assessment LLC

Agency’s termination for cause is converted into a termination for convenience, where the agency’s agreement to a new delivery schedule waived any prior defaults for late delivery; and two appeals of the contracting officer’s denial of claims related to terminations for cause are dismissed as moot, allowing the contractor to submit new claims to the agency for the terminations for convenience; and claims for damages arguing the agency unreasonably rejected test items is denied, where the appellant provided scant evidence of the alleged impropriety.