Termination for Default Reasonable When Contractor Unequivocally States It Cannot Perform Without a Contract Modification; ASBCA Nos. 60335, Appeal of Symvionics Inc.

Appeal of the agency’s termination of a delivery order for default is denied, where the contractor was aware that it would not have access to the agency’s facility while construction repairs were being completed, and therefore its notice stating that it could not meet the delivery schedule unless it was granted access during this blackout period amounted to an anticipatory repudiation of the contract schedule.