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 / 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 —…
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…
Analysis
Mark G. Jackson / June 2, 2026
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…
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…
Alert
Jackson Holcomb LLP / March 6, 2026
GAO has sustained a protest holding that an awardee's failure to acknowledge a material amendment to an Invitation for Bids could not be waived as a minor informality.
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