Over the last month, we have issued multiple client alerts outlining developments related to the Chinese military company covered lobbyist prohibition enacted by Section 851 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2025, codified at 10 U.S.C. § 4663. This is a follow-up to
Continue Reading Defense Department Publishes Guidance Page Concerning Restrictions on Defense Contractors Retaining Outside ConsultantsDepartment of Energy Selects 278 Genesis Mission Projects
By Michael Wagner, Peter Terenzio & Eunsun Cho on
As we covered in our previous blog post, the Department of Energy (“DOE”) has launched the “Genesis Mission” to apply AI technology to a wide variety of scientific and technological challenges.
Last week, DOE announced it had selected 278 Genesis Mission projects for potential awards. The selected projects span nuclear energy, quantum computing, advanced manufacturing, and materials science, among other areas. According to DOE, the largest selection is a three-year, $60 million nuclear energy project involving 32 partner entities, including 4 national labs and more than 20 industry partners.
Continue Reading Department of Energy Selects 278 Genesis Mission ProjectsRegulations Issued for New Restrictions on Defense Contractors Retaining Outside Consultants
The Chinese military company covered lobbyist prohibition enacted by Section 851 of the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2025, codified at 10 U.S.C. § 4663, took effect on June 30, 2026. Just before that date, the Department of Defense took steps to implement the…
Continue Reading Regulations Issued for New Restrictions on Defense Contractors Retaining Outside ConsultantsASBCA Denies Unprecedented Request to Keep Decision Out of Public View
Posted in Claims and Contract Disputes
The Armed Services Board of Contract Appeals (the “ASBCA” or “Board”) recently rejected an unprecedented request from the U.S. Army Corps of Engineers (the “Corps”) to withhold publication of a Board decision on the merits in a construction delay appeal brought by KiewitPhelps. In a decision issued on June 25, 2026 (released publicly on July 16, 2026), the Board held that it was bound by the Freedom of Information Act (“FOIA”) and its own rules to publish the decision, and that the Corps had not demonstrated a basis for overcoming that requirement. This decision is noteworthy not only because the Board found no legal basis to suppress the opinion, but also because, as the Board observed, such a request had never before been directly presented to the Board.
Continue Reading ASBCA Denies Unprecedented Request to Keep Decision Out of Public ViewFAR Council Proposes 90-Day Deadline for Termination Settlement Proposals
By Frederic Levy, Elizabeth Witwer & Evan Matsuda on
Posted in Claims and Contract Disputes, Procurement Reform
As part of the Revolutionary FAR Overhaul, the FAR Council has issued a proposed rule to revise FAR Part 49, Termination of Contracts, that would significantly accelerate the timeline for submitting termination settlement proposals following a termination for convenience. Under the proposed rule, contractors would be required to submit termination settlement proposals to the contracting officer within 90 days after termination—nine months earlier than the current one-year deadline. According to the FAR Council, the change is intended “to improve the efficiency of the settlement process by addressing delays experienced under the current framework.”
Continue Reading FAR Council Proposes 90-Day Deadline for Termination Settlement ProposalsCongress Considers Further FOCI Reforms as DoW Moves to Expand Disclosure Requirements for Unclassified Defense Contractors
The public comment period for the long-awaited Defense Federal Acquisition Regulation Supplement (“DFARS”) proposed rule, “Mitigating Risks Related to Foreign Ownership, Control, or Influence” (the “proposed DFARS FOCI rule”), closed on July 6, 2026. But recent activity in Congress suggests that the Department of War (“DoW”)’s proposed rule may be only one part of a broader effort to expand the government’s visibility into and mitigation of foreign ownership, control, or influence (“FOCI”) risks across the defense industrial base. Taken together, the proposed DFARS FOCI rule and pending provisions in the House and Senate versions of the Fiscal Year (“FY”) 2027 National Defense Authorization Act (“NDAA”) could substantially extend FOCI-related scrutiny beyond the traditional universe of cleared contractors performing classified work.
Continue Reading Congress Considers Further FOCI Reforms as DoW Moves to Expand Disclosure Requirements for Unclassified Defense ContractorsProposed FAR Part 40 Rule: Consolidation of Supply Chain Security and Information Security Requirements and New Changes to the Rules
On June 23, 2026, the Federal Acquisition Regulatory Council (“FAR Council”) issued proposed rules covering several parts of the Federal Acquisition Regulation (“FAR”). The proposed rules mark the beginning of the long-awaited notice-and-comment phase of the Revolutionary FAR Overhaul (“RFO”). This blog post, focusing on FAR Part 40, provides an overview of the proposed changes to the regulations and the associated contract clauses in FAR Part 52, including the inclusion of requirements around the handling of Controlled Unclassified Information (“CUI”).
Continue Reading Proposed FAR Part 40 Rule: Consolidation of Supply Chain Security and Information Security Requirements and New Changes to the RulesGSA Issues RFI to Explore Ideas to Promote Domestic Procurement on GSA Advantage
By Scott A. Freling, Michael Wagner & Joseph Wolf on
Posted in Buy American, Domestic Preferences
On June 24, 2026, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) seeking input on two proposals for promoting the purchase of American-made products on GSA Advantage, an online shopping and ordering system, which GSA advertises as providing access to thousands of contractors with millions of products and services. Comments in response to the RFI are due by July 24, 2026.
Citing Executive Order 14392, which Covington previously covered in a client alert, the RFI reflects a broader push by the Trump administration to increase focus on domestic sourcing, including in federal procurement, and to ensure that “Made in America” representations are accurate.[1] As part of that effort, the Small Business Administration and GSA recently de-listed 22 product offerings from the GSA Advantage platform based on false Made in America representations, and President Trump declared that all federal agencies must buy American. Consistent with this policy direction, the RFI seeks input on ways to “make it easier for federal agencies to buy American-made products.” This blog post focuses on the mechanics of GSA’s two proposals, the information sought by GSA in the RFI, and considerations for contractors.
Continue Reading GSA Issues RFI to Explore Ideas to Promote Domestic Procurement on GSA AdvantageWhat the Updated 1260H List Means for Biotechnology Procurement
By Jennifer Plitsch, Jennifer Bentley & Eunsun Cho on
On June 8, 2026, the Department of War (“DoW”) published its updated list of “Chinese military companies” operating in the United States (“1260H List”), as required by Section 1260H of the Fiscal Year (“FY”) 2021 National Defense Authorization Act (“NDAA”). The updated list includes, among other companies, WuXi AppTec Co.…
Continue Reading What the Updated 1260H List Means for Biotechnology ProcurementSBA’s Proposed Update to the 8(a) Business Development Program: A New Approach to Social Disadvantage
On June 11, 2026, the Small Business Administration (“SBA”) published a proposed rule that would fundamentally alter how individuals qualify as “socially disadvantaged” under the 8(a) Business Development Program (“8(a) BD Program” or “Program”). The comment period will be underway until July 13, 2026.
This five-page proposed rule states that it aims to align the 8(a) BD Program with constitutional and statutory requirements and remedy what it characterizes as the discriminatory effect of the program in the past.
Continue Reading SBA’s Proposed Update to the 8(a) Business Development Program: A New Approach to Social Disadvantage