Latest Analysis
October 6, 2026
Pleading the Implied Duty in Government Contract Disputes
Subject: When Does an Implied-Duty Claim Add Something? The implied duty of good faith and fair dealing appears in every government contract, but it is often…
Insights.
Latest Note
October 5, 2026
MMDD MACC Source Selection: How NAVFAC Will Build Its Competitive Bench
The MMDD MACC solicitation is designed to select a bench of contractors before the Government has fully defined the Package 1 construction requirement. At this stage,…
Latest Alert
October 2, 2026
NAVFAC Issues MMDD MACC Solicitation for Puget Sound Multi-Mission Dry Dock
NAVFAC Northwest has issued Solicitation No. N44255-26-R-0005 for the Multi-Mission Dry Dock Multiple Award Construction Contract, or MMDD MACC. The solicitation contemplates approximately five IDIQ MACC…
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Note
Mark G. Jackson / October 5, 2026
MMDD MACC Source Selection: How NAVFAC Will Build Its Competitive Bench
The MMDD MACC solicitation is designed to select a bench of contractors before the Government has fully defined the Package 1 construction requirement. At this stage, the more important question is not…
Note
Justin D. Haselden / October 2, 2026
GAO Sustains Protest Where FSS Task Order Exceeded Scope of BPA and Awardee’s Schedule Contract
In a decision issued September 3, 2026, GAO sustained the protest of Ares Enterprise, LLC, a small business that challenged a task order issued by the United States Space Force under the…
Alert
Jackson Holcomb LLP / October 2, 2026
NAVFAC Issues MMDD MACC Solicitation for Puget Sound Multi-Mission Dry Dock
NAVFAC Northwest has issued Solicitation No. N44255-26-R-0005 for the Multi-Mission Dry Dock Multiple Award Construction Contract, or MMDD MACC. The solicitation contemplates approximately five IDIQ MACC awards through a single-phase, one-step design-build…
Note
Mark G. Jackson / September 29, 2026
What Contractors Pursuing Work at PSNS Should Take from GAO’s New SIOP Report
For contractors pursuing work under the Navy's Shipyard Infrastructure Optimization Program at Puget Sound Naval Shipyard and Intermediate Maintenance Facility, the Government Accountability Office's September 2026 report points to a market that…
Analysis
Mark G. Jackson and Stowell Holcomb / September 1, 2026
From Show Cause to Trial: Defending Against a Failure-to-Make-Progress Default
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
Abuse of Discretion: A Maligned and Misunderstood Claim
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
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…
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