Latest Analysis
September 1, 2026
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…
Latest Note
July 8, 2026
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
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…
Filter by practice and market
Note
Charles M. Olmsted / July 8, 2026
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
In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026)(Rule 12.2, nonprecedential), the ASBCA converted a termination for default to a convenience termination, holding that the government failed to carry its burden…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
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…
Note
John Barr / June 15, 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
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…
Note
Charles M. Olmsted / May 19, 2026
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
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
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
Note
Justin D. Haselden / April 15, 2026
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…