Earlier this year, the Defense Security Cooperation Agency (“DSCA”) issued updated policy guidance implementing a significant expansion of the universe of countries authorized to use Foreign Military Financing (“FMF”) for direct purchases of U.S. defense items. Previously, only ten countries were eligible for use of FMF for direct commercial contracting
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Defense Department Publishes Guidance Page Concerning Restrictions on Defense Contractors Retaining Outside Consultants
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 ConsultantsRegulations 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 ConsultantsIs Congress Finally Reauthorizing SBIR/STTR—and What’s Changing?
On March 3, 2026, the Senate took a major step toward reauthorizing the Small Business Innovation Research/Small Business Technology Transfer (“SBIR/STTR”) programs, by passing the Small Business Innovation and Economic Security Act (S. 3971). Known collectively as “America’s Seed Fund,” the SBIR and STTR programs provide small businesses with early-stage
Continue Reading Is Congress Finally Reauthorizing SBIR/STTR—and What’s Changing?SBA Proposes Increasing 200+ Receipts-Based Size Standards
On Friday, August 22, 2025, the Small Business Administration (“SBA”) released a proposed rule to increase the size standard for what it considers to be a small business across 263 industries. The proposed rule principally covers receipts-based size standards. These proposed increases stem from SBA’s periodic review of size standards
Continue Reading SBA Proposes Increasing 200+ Receipts-Based Size StandardsDoD’s Office of Strategic Capital Reports Significant Interest in Domestic Manufacturing Loan Program
On April 1, the Office of Strategic Capital (OSC) announced that it received more than 200 applications, totaling over $8.9 billion in financing requests, across 38 states for the inaugural solicitation under OSC’s Domestic Manufacturing Loan Program. As covered in a prior post, under the Notice of Funding Availability (NOFA) released last fall, OSC plans to loan up to $984 million to eligible companies to expand the U.S. industrial base, with individual loans ranging between $10 million to $150 million. These OSC loans will support advanced manufacturing, cybersecurity, decision science, edge computing, mesh networks, microelectronics, solar, and quantum computing technologies, and eligible investments must have both a defense and a commercial application.
Continue Reading DoD’s Office of Strategic Capital Reports Significant Interest in Domestic Manufacturing Loan ProgramDOD Office of Strategic Capital Begins Its Direct Lending Efforts to Secure U.S. Industrial Base
The Office of Strategic Capital (“OSC”) within the Department of Defense (“DOD”) has launched a Credit Program, under which it will provide debt financing in critical technology areas that drive national and economic security. As an initial step, OSC is soliciting applications for equipment loans, which may be submitted between
Continue Reading DOD Office of Strategic Capital Begins Its Direct Lending Efforts to Secure U.S. Industrial BaseSeptember 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related Office of Management and Budget (“OMB”) guidance, and subsequent blogs described the actions taken by various government agencies to implement the AI EO from November 2023 through August 2024. This blog describes key actions taken to implement the AI EO during September 2024. It also describes related developments in California related to the goals and concepts set out by the AI EO. We will discuss developments during September 2024 to implement President Biden’s 2021 Executive Order on Cybersecurity in a separate post.
Continue Reading September 2024 Developments Under President Biden’s AI Executive OrderJuly 2024 Developments Under President Biden’s Cybersecurity Executive Order and AI Executive Order
This is part of an ongoing series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and subsequent blogs described the actions taken by various government agencies to implement the Cyber EO from June 2021 through June 2024. This blog describes key actions taken to implement the Cyber EO during July 2024. It also describes key actions taken during July 2024 to implement President Biden’s Executive Order on Artificial Intelligence (the “AI EO”), particularly its provisions that impact cybersecurity, national security, and software supply chain security.
Continue Reading July 2024 Developments Under President Biden’s Cybersecurity Executive Order and AI Executive OrderDOD Issues Final DFARS Rule Implementing Increased Buy American Restrictions for Defense Procurements
On February 15, 2024, the Department of Defense (“DOD”) issued a final rule that increases the domestic content requirements for defense procurements.
The new rule amends the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement Executive Order 14005 (“EO”). The EO was intended to strengthen the requirements of the Buy
Continue Reading DOD Issues Final DFARS Rule Implementing Increased Buy American Restrictions for Defense Procurements