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
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 / 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…
Note
Charles M. Olmsted / May 19, 2026
When the Awardee Must Move to Intervene — The Federal Circuit’s Decision in Global K9 and What It Means for Incumbent Defense Practice
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
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…
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.