CBCA Finds Termination for Default Unwarranted—Agency Failed to Establish Contractor Was Unlikely to Complete Project on Time; Eagle Peak Rock & Paving, Inc. v. Department of Transportation, CBCA 5692

Appeal challenging a termination for default is granted. The contracting officer terminated the contract, reasoning that the contractor was unlikely to complete the project on schedule. The board, however, found that the contracting officer had failed to consider to termination factors set forth in the FAR. In particular the contracting officer had not considered the […]