Inquiry into Contractor’s Deliquency Not Evidence of Agency’s Forebearance of Late Delivery; ASBCA No. 58742, Appeal of DCX-CHOL Enterprises Inc.

Motion for summary judgment is denied where appellant failed to demonstrate that the agency declined to terminate its contract within a reasonable time after the agreed-upon delivery date and did not have knowledge the contractor continued to perform the requirement, and therefore had waived its contractual right to terminate its contract for default.