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…
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…
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…
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…
Alert
Jackson Holcomb LLP / March 14, 2026
ASBCA Denies Government Motion to Dismiss in DSME Construction and Warns on AI-Generated Citations
The Armed Services Board of Contract Appeals denied the government's motion to dismiss DSME Construction Co., Ltd. but imposed lesser sanctions after appellant's briefing included citations to non-existent cases generated by artificial…