With no explanation, chose the best option from "A", "B", "C" or "D". was 14 days, but that she advised 59, at 93,858, 1985 WL 17668 (finding breach was not material where contractor did not pursue payment or assert any urgency). 2. Retainages and Withholdings a. Retainages for Lack of Progress The court also finds that the FBOP’s practice of retaining money from progress payments did not amount to a material breach. The parties agree that beginning in May 1995, the FBOP began to retain “portions of Morganti’s progress payments under F.A.R. 52.232-5(e), based on Morganti’s failure to make progress. Under F.A.R. 52.232-5(e), the contracting officer “may retain a maximum of 10 percent of the amount of the [progress] payment until satisfactory progress is achieved.” Nexus Constr. Co., ASBCA No. 31070, 91-3 BCA ¶ 24,303, at 121,461, 1991 WL 179322(1991) (<HOLDING>). The evidence presented at trial established

A: recognizing that the waiver rule is procedural not jurisdictional and we may suspend it in our discretion citations omitted
B: recognizing that the government may suspend or withhold progress payments under certain circumstances depending on the contracts provisions
C: recognizing that in certain circumstances inquiry notice may be determined as a matter of law
D: holding that in certain circumstances fraud can be prosecuted under the statute
B.