Error in Considering Contractor’s Financial Situation Does Not Derail Termination for Default; ASBCA No. 59153, Appeal of Delfasco LLC

Appeal of the agency’s termination for default is denied, where the contracting officer may have erred in considering the contractor’s unstable financial situation but still properly documented her decision to terminate the contract for failure to perform, and where the agency’s repeated communication with the contractor about its performance indicated the government did not waive timely performance of the contract.