The distinction might seem subtle, but even then it’s not illegal.
Also it’s not every contract between companies and the state. Texas uses 10+ employees companies and 100,000+$ contracts as the minimum threshold before language must be added to the contract during the terms of the contract.
But after signing such a contract the company is still only bound by a contract. Breaking contracts happens all the time it’s not illegal. Excluding Fraud etc it becomes a civil rather than a criminal matter.