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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Note
Stowell Holcomb / May 2, 2026
Silence is not compliance.
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
Federal Circuit Settles the Standard for Challenging a CICA Stay Override
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
Federal Circuit Clarifies Standard for Challenging CICA Stay Overrides
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…
Note
Justin D. Haselden / April 15, 2026
DEI Enforcement Lands: The IBM Settlement, the Civil Rights Fraud Initiative, and FAR 52.222-26.
The DOJ's $17 million settlement with IBM — the first resolution under the Civil Rights Fraud Initiative — is the opening salvo of an active prosecution strategy using False Claims Act enforcement…
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…
Alert
Jackson Holcomb LLP / March 6, 2026
GAO Sustains Protest Where Awardee Failed to Acknowledge IFB Amendment
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.
Alert
Jackson Holcomb LLP / March 5, 2026
SBA Moves to Terminate 628 Additional 8(a) Firms
The Small Business Administration has initiated termination proceedings against 628 firms in the 8(a) Business Development Program for refusing to produce financial records.
Alert
Jackson Holcomb LLP / January 30, 2026
SBA Suspends 1,091 Firms from the 8(a) Program for Failure to Produce Financial Records
The Small Business Administration has suspended 1,091 participants from the 8(a) Business Development Program after they failed to submit financial documentation requested in December.
Alert
Jackson Holcomb LLP / January 23, 2026
ASBCA Holds Convenience-Termination Costs After Stop-Work Order Are Recoverable
The Armed Services Board of Contract Appeals has held that termination-for-convenience costs incurred after a stop-work order — including subcontractor termination fees and operating costs reasonably continuing during the stop-work period —…
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