Government contractors routinely encounter changes after contract award. A contracting officer may issue a formal change order, revise specifications, alter the method of performance, change delivery requirements, or direct work that the contractor believes goes beyond the scope of the original contract. In some situations, the government may take action or provide direction without issuing a formal written modification at all.
In ACC Construction Co., Inc., ASBCA Nos. 63528, 64067 (July 16, 2026), the Armed Services Board of Contract Appeals held that payment estimates withholding liquidated damages are not contracting officer final decisions — and do not start the Contract Disputes Act’s 90-day appeal clock — unless a properly authorized contracting officer signs them
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted. While payment delays are not unprecedented in federal contracting, prolonged or systemic nonpayment raises serious legal and practical concerns — particularly for contractors