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.
When an agency takes corrective action in response to a bid protest, it usually gets fairly broad deference on how to fix the problem. The Government Accountability Office’s (GAO) recent decision in FusionEdge Solutions, LLC, B-423829.2, et al. (Aug. 27, 2026) is a reminder that deference has limits — and that an agency cannot
October 1 marks the beginning of the federal government’s new fiscal year and, for government contractors, the start of a new cycle of contracting, funding, and compliance activity. After the heightened procurement activity that often accompanies the September 30 fiscal year-end, contractors should use the beginning of the new fiscal year to assess their existing
As September 30 approaches, government contractors enter one of the busiest periods of the federal procurement calendar. The end of the government’s fiscal year often brings a surge in contracting activity, including new awards, extensions, funding actions, modifications, and efforts to complete performance before appropriated funds expire or become subject to additional limitations.
For contractors
Two years ago, we walked through the basics of Public Assistance (PA) arbitration before the Civilian Board of Contract Appeals (CBCA) in FEMA Public Assistance Arbitrations at the CBCA. Since then, FEMA has been operating under real strain: a large backlog of pending disaster declarations, an Office of the Secretary of Homeland Security review
A federal judge in Massachusetts recently ordered the Department of Defense (DoD) to pay $450,447 in attorneys’ fees to the Association of American Universities (AAU), after finding that DoD’s now-defunct “Rate Cap Policy” was not just unlawful, but never substantially justified in the first place. The August 5, 2026, ruling in Association of American Universities
For federal subcontractors, a prime contractor’s failure to pay or consistent pattern of late payments can quickly become a serious cash-flow problem. However, federal subcontractors typically have several avenues for recovering amounts owed. The right strategy depends heavily on the type of federal contract, the subcontract, whether the government has already paid the prime contractor
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
Government contractors pursuing complex delay claims got a helpful reminder from the Armed Services Board of Contract Appeals (ASBCA) this month in the case of Bahadir Construction Engineering Contracting & Trading Inc. Co. & Impreza Costruzioni Giuseppe Maltauro S.p.A. Joint Venture, ASBCA Nos. 64038, 64336, 64428 (July 16, 2026): A claim does not
Federal contractors frequently encounter circumstances that increase costs, delay performance, or otherwise impact contract obligations. Changes in government requirements, differing site conditions, defective specifications, government-caused delays, and other unforeseen events can create significant financial and operational consequences. When these issues arise, contractors generally have two primary mechanisms for seeking relief: a Request for Equitable Adjustment