On April 20, 2026, one week after President Trump signed the Small Business Innovation and Economic Security Act (Public Law 119-83) into law, the Department of War (“DoW”) issued a press release announcing that it was “immediately advancing” a “redesigned and more focused initiative to accelerate the delivery of advanced capabilities to the warfighter.” As
Revolutionary FAR Overhaul Incorporates New “Addressing DEI Discrimination” Executive Order Provisions
As we previously covered, on March 26, 2026, President Trump issued Executive Order (EO) 14398, “Addressing DEI Discrimination by Federal Contractors,” to address “racially discriminatory DEI activities” in federal contracting. Among other things, EO 14398 directed the FAR Council to issue deviation and interim guidance within 60 days to implement the new
Indirect Doesn’t Mean Exempt: ASBCA Rejects Cross‑Motions Over U.S.-Flag Transportation Costs
The Armed Services Board of Contract Appeals’ (ASBCA) decision in Lockheed Martin Aeronautics Co., ASBCA No. 63621, reinforces a critical principle for government contractors: contract performance requirements operate independently of cost accounting classifications. Contractors cannot avoid substantive FAR and DFARS obligations—here, U.S.-flag transportation requirements—by treating costs as indirect rather than direct. In a nearly
State FARA Laws Pose Unique Constitutional Challenges
In 2025, Texas, Nebraska, Louisiana, Arkansas and Oklahoma enacted state-level foreign agent registration and disclosure regimes that were loosely modeled on the federal Foreign Agents Registration Act. And in the first few months of 2026, several states — Alabama, Florida, Iowa, Missouri and West Virginia, to name a few — have already introduced similar bills.
The
New “Addressing DEI Discrimination” Executive Order: What Federal Contractors Need to Know
On March 26, 2026, President Trump issued an Executive Order (EO) titled “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of Executive Orders and related actions by the Administration targeting what it views as unlawful Diversity, Equity, and Inclusion (“DEI”) related practices. Most notable about this EO is that, unlike
DOE Announces a New Funding Opportunity under the Genesis Mission
On March 17, 2026, the Department of Energy (“DOE”) issued a Request for Application (“RFA”) under the Genesis Mission, a White House-led AI initiative announced in November 2025. The RFA, with $293.76 million in anticipated total funding, solicits project proposals for 21 areas ranging from advanced manufacturing and industrial productivity to energy and nuclear physics.
“Adjusting Certain Delegations”: New Executive Order Aims to Streamline and Clarify Delegated Authorities Under the Defense Production Act
On March 13, 2026, President Trump issued an Executive Order (EO) titled “Adjusting Certain Delegations Under the Defense Production Act.” As we have covered in prior blog posts, the Defense Production Act (DPA) has traditionally been considered the primary federal means to manage and support defense production.
The March 13th EO seeks
DOE Announces Funding Opportunity for Domestic Critical Materials Processing, Recycling, and Manufacturing
On March 13, 2026, the Department of Energy issued a Notice of Funding Opportunity (NOFO) for projects supporting the development of domestic processing, manufacturing, and recycling capabilities for battery materials. With $500 million in total available funding, the NOFO solicits proposals in three topic areas: (1) domestic critical minerals processing from raw feedstocks, (2) domestic
Covington Announces Political Law Survey (2026 Edition)
Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of political laws for 2026.
Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate federal or state laws governing corporate and personal political activities, the registration of lobbyists, lobbying reporting, or the
Covington Announces Pay-to-Play Survey (2026 Edition)
Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of pay-to-play laws for 2026.
Companies doing business with the federal government or state and local governments and companies operating in regulated industries are subject to a dizzying array of “pay-to-play” rules. These rules effectively prohibit company executives and employees