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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Analysis
Mark G. Jackson / 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 version of bad faith, importing motive…
Note
John Barr / June 15, 2026
FAR 52.222-90 Is Coming to Existing Contracts — Before July 24, 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
EO 14402 Makes Fixed-Price Contracts the Default Contract Type
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
Subcontractor-Caused Exposure Under FAR 52.222-90: Why the Real Exposure Is Debarment, Not Damages
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…
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.