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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Analysis
Mark G. Jackson / 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 pleaded without identifying the gap it…
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…
Analysis
Mark G. Jackson / August 11, 2026
Abuse of Discretion: A Maligned and Misunderstood Claim
When a contracting officer makes a decision that the record does not support, the contractor's remedy is not limited to bad faith. Abuse of discretion is a distinct cause of action —…
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…