Latest Analysis
August 11, 2026
Abuse of Discretion: A Maligned and Misunderstood Claim
Abuse of discretion may be one of the most misunderstood claims in federal government contracts law. Contractors and their counsel often treat it as a softened…
Insights.
Latest Note
July 8, 2026
Hamp’s Construction LLC v. Secretary of the Army: Silence is not Representation in Type I Differing Site Conditions Claims
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
June 17, 2026
DoD Misses Section 875 Deadline to Revise the DFARS — There are No Implementing Procedures for 5% Withholding.
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…
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Analysis
Mark G. Jackson / August 11, 2026
Abuse of Discretion: A Maligned and Misunderstood Claim
Abuse of discretion may be one of the most misunderstood claims in federal government contracts law. Contractors and their counsel often treat it as a softened version of bad faith, importing motive…
Note
Charles M. Olmsted / July 8, 2026
Hamp’s Construction LLC v. Secretary of the Army: Silence is not Representation in Type I Differing Site Conditions Claims
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
ASBCA Converts Default to Convenience Termination Where Government Failed to Prove No Reasonable Likelihood of Completion on a Realistic Schedule
In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026)(Rule 12.2, nonprecedential), the ASBCA converted a termination for default to a convenience termination, holding that the government failed to carry its burden…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
Administrative False Claims Act Update – What to Know
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
DoD Misses Section 875 Deadline to Revise the DFARS — There are No Implementing Procedures for 5% Withholding.
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
FAR 52.222-90 Is Coming to Existing Contracts — Before July 24, 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
EO 14402 Makes Fixed-Price Contracts the Default Contract Type
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…
Analysis
Mark G. Jackson / June 2, 2026
Subcontractor-Caused Exposure Under FAR 52.222-90: Why the Real Exposure Is Debarment, Not Damages
FAR 52.222-90 turns a subcontractor's DEI compliance issue into the prime's False Claims Act problem. The real exposure is not damages — it is debarment. The fix is diligence, breach-based indemnity, and…
Alert
Jackson Holcomb LLP / May 23, 2026
Federal Circuit Affirms Default Termination in Sergent’s Mechanical Systems
The U.S. Court of Appeals for the Federal Circuit has affirmed the default termination of a VA contract for HVAC and asbestos abatement work, holding that the contractor failed to establish excusable…
Note
Charles M. Olmsted / May 19, 2026
When the Awardee Must Move to Intervene — The Federal Circuit’s Decision in Global K9 and What It Means for Incumbent Defense Practice
The Federal Circuit's May 14, 2026 decision in Global K9 Protection Group, LLC v. United States holds that an awardee who tracked the docket of a sealed protest and waited more than…
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