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
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…
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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…
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In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026)(Rule 12.2, nonprecedential), the ASBCA converted a termination for default to a convenience termination, holding that the government failed to carry its burden…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…
Alert
Jackson Holcomb LLP / May 23, 2026
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
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…
Note
Stowell Holcomb / May 2, 2026
The GAO’s April 30, 2026 decision in Exail Inc., B-424225 (Comp. Gen. Apr. 30, 2026), is the kind of decision that looks routine on the surface and rewards a second…
Note
John Barr / May 1, 2026
A Federal Circuit ruling makes clear that contractors challenging an agency's override of the CICA automatic stay need only satisfy the APA's arbitrary-and-capricious standard
Alert
Jackson Holcomb LLP / April 16, 2026
On April 15, 2026, the U.S. Court of Appeals for the Federal Circuit issued its decision in Life Science Logistics, LLC v. United States, 172 F.4th 1357 (Fed. Cir. 2026). The Federal…
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