Board Cannot Determine If Government Clearly Communicated Delivery Schedule After Requesting Delays; CBCA 5976, Tribute Contracting LLC v. Department of Homeland Security

Appellant’s and the government’s cross-motions for summary relief are denied, where the record needs further development to determine whether the appellant attempted to deliver nonconforming goods, whether the government clearly communicated the expected delivery schedule after asking the vendor to delay deliveries, and whether the government strictly enforced the contract prior to its termination for default.