Latest Analysis
September 1, 2026
A termination for default based on failure to make progress is a mid-performance prediction: the contracting officer concludes, before the completion date arrives, that the contractor…
Latest Note
July 8, 2026
The Federal Circuit’s decision in Hamp’s Construction LLC v. Secretary of the Army, in which the court affirmed an Armed Services Board of Contract Appeals denial…
Latest Alert
September 19, 2026
The Department of Justice announced that Honeywell Aerospace Inc. agreed to pay $2,042,518 to resolve False Claims Act allegations arising from alleged noncompliance with cybersecurity requirements…
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Alert
Jackson Holcomb LLP / September 19, 2026
The Department of Justice announced that Honeywell Aerospace Inc. agreed to pay $2,042,518 to resolve False Claims Act allegations arising from alleged noncompliance with cybersecurity requirements in a Department of Defense contract.…
Alert
Jackson Holcomb LLP / September 8, 2026
On September 1, 2026, the Cost Accounting Standards Board published a final rule that takes effect October 1, 2026. The rule makes the most significant changes to CAS applicability in decades. Federal…
Analysis
Mark G. Jackson and Stowell Holcomb / September 1, 2026
A termination for default based on failure to make progress is a mid-performance prediction: the contracting officer concludes, before the completion date arrives, that the contractor cannot finish on time. Under Lisbon…
Analysis
Mark G. Jackson / August 11, 2026
When a contracting officer makes a decision that the record does not support, the contractor's remedy is not limited to bad faith. Abuse of discretion is a distinct cause of action —…
Note
Charles M. Olmsted / July 8, 2026
The Federal Circuit’s decision in Hamp’s Construction LLC v. Secretary of the Army, in which the court affirmed an Armed Services Board of Contract Appeals denial of a Type I differing site…
Note
Charles M. Olmsted / June 28, 2026
In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026)(Rule 12.2, nonprecedential), the ASBCA converted a termination for default to a convenience termination, holding that the government failed to carry its burden…
Note
Justin D. Haselden / June 23, 2026
The Fiscal Year 2025 National Defense Authorization Act overhauled the AFCA, increasing maximum liability to $1 million per claim and tapping the Boards of Contract Appeals to provide presiding officers for any…
Alert
Jackson Holcomb LLP / June 17, 2026
Section 875 of the FY 2026 National Defense Authorization Act required the Department of Defense to revise the DFARS by June 16, 2026, to establish procedures for withholding up to five percent…
Note
John Barr / June 15, 2026
The FAR Council's April 2026 class deviation implementing EO 14398 puts contractors on a compressed timeline to accept a new FAR clause addressing DEI, with termination for convenience as the stated consequence…
Note
Justin D. Haselden / June 13, 2026
Executive Order 14402, signed April 30, 2026, directs executive branch departments and agencies to utilize fixed-price contracts as the default contract type. and requires them to identify and restructure their largest non-FFP…
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