President Trump has issued two new Executive Orders (“EOs”) that seek to reshape federal procurement. The much anticipated “Restoring Common Sense To Federal Procurement” EO (the “FAR Reform EO”) seeks to “create the most agile, effective, and efficient procurement system possible” by revising the Federal Acquisition Regulation (“FAR”)
Continue Reading Trump Administration Issues Two Executive Orders Seeking To Remake Federal Procurement
Scott A. Freling
Scott Freling divides his practice between representing civilian and defense contractors in traditional government contracts matters and guiding buyers and sellers—including a number of leading private equity firms—through the regulatory aspects of complex government contracts M&A deals. Scott co-chairs the firm’s Government Contracts practice.
Scott is sought after for his regulatory expertise and his ability to apply that knowledge to the transactional environment. Scott has deep experience leading classified and unclassified due diligence reviews of government contractors, negotiating transaction documents, and assisting with integration and other post-closing activities. He has been the lead government contracts lawyer in dozens of M&A deals, with a combined value of more than $79 billion. This has included Warburg Pincus and Berkshire Partners’ pending deal to acquire TRIUMPH for approximately $3 billion, Advent’s acquisition of Maxar Technologies for $6.4 billion, Aptiv’s acquisition of Wind River for $3.5 billion, and Veritas Capital’s sale of Alion Science and Technology to Huntington Ingalls for $1.65 billion.
Scott also represents contractors at all stages of the procurement process and in their dealings with federal, state, and local government customers. He handles a wide range of government contracts matters, including compliance counseling, claims, disputes, audits, and investigations. In addition, Scott counsels clients on risk mitigation strategies, including obtaining SAFETY Act liability protection for anti-terrorism technologies.
Scott has been recognized by Law360 as a MVP in government contracts. He is a past co-chair of the Mergers and Acquisitions Committee of the ABA’s Public Contract Law Section.
DoD is Shrinking its Civilian Workforce: What Contractors Should Know Now
Since January 20, the Trump administration has taken numerous executive actions that impact federal government contractors and grant recipients. In just a single day last week, the Trump administration issued a series of EOs and presidential memoranda that, among other things, seek to reform the defense acquisition system, bolster the U.S. maritime industry, and streamline foreign military sales. The potential impact of these changes to Department of Defense (“DoD”) procurement policy are relatively self-evident.
At the same time, the Trump administration has taken various steps to reorganize and reduce the federal workforce, including significant changes to the DoD civilian workforce. The potential effects of these personnel policies are less obvious but may be equally meaningful for defense contractors. This blog focuses on one such executive action, Executive Order 14210 (titled Implementing the President’s ‘‘Department of Government Efficiency’’ Workforce Optimization Initiative) and its potential implications for the defense industrial base.Continue Reading DoD is Shrinking its Civilian Workforce: What Contractors Should Know Now
Renewed Effort to Support Commercial Shipbuilding Capacity and the Domestic Maritime Industry
On April 9th, President Trump issued the Restoring America’s Maritime Dominance Executive Order (“Maritime EO”), which declares that “[i]t is the policy of the United States to revitalize and rebuild domestic maritime industries and workforce to promote national security and economic prosperity.” The Maritime EO aims to improve the nation’s commercial shipbuilding capacity and bolster the maritime workforce. The four corners of the Maritime EO primarily take two key steps—(1) directing the National Security Adviser to prepare a Maritime Action Plan (“MAP”) to revitalize domestic maritime industries and (2) imposing a series of trade-related measures to bolster domestic shipping. The Fact Sheet accompanying the Maritime EO further notes that President Trump has established a new Office of Maritime and Industrial Capacity at the National Security Council, which presumably will help coordinate implementation of the Maritime EO.
While much remains to be seen on how the Maritime EO will be implemented, it is clear that the Trump administration intends to take a multifaceted approach to supporting the domestic maritime industry. In this regard, the EO tracks and builds upon the SHIPS for America Act of 2024 (“SHIPS Act”), proposed legislation that garnered broad bipartisan support last year after its initial introduction in Congress. The SHIPS Act was co-sponsored by then-Rep. Michael Waltz, who as the current National Security Adviser has principal responsibility for managing the development of the MAP that forms the backbone for the EO and its policy objectives. Especially in light of the legislative momentum in this area, we expect that this initial action and any subsequent executive and legislative actions will be of significant interest to a wide range of U.S. businesses, including ship builders and their suppliers.Continue Reading Renewed Effort to Support Commercial Shipbuilding Capacity and the Domestic Maritime Industry
New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” Regulations
President Trump issued a series of executive orders (“EOs”) and presidential memoranda on Wednesday, April 9, that could impact government contractors across a broad range of industries. Among other initiatives, these executive actions seek to reform the defense acquisition system, reinvigorate the U.S. maritime industry, and streamline foreign military sales. The actions also reflect President Trump’s goal of catalyzing innovation and economic growth by reducing regulatory burdens, both in general and in the energy industry specifically.
We briefly summarize below the six April 9 executive actions most likely to impact government contractors.Continue Reading New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” Regulations
Timeline of Key Developments Related to Recent Executive Actions: April Edition
As the second Trump Administration enters its third month, Covington’s Government Contracts Practice is continuing to track the latest developments related to recent executive actions. This April version of our key developments timeline has been condensed to provide a targeted overview of the developments this month most relevant to contractors. …
Continue Reading Timeline of Key Developments Related to Recent Executive Actions: April EditionTimeline of Key Developments Related to Recent Executive Actions as of April 2, 2025
During his first two months in office, President Trump has taken numerous executive actions likely to impact federal government contractors and grant recipients. This timeline highlights key developments pertaining to recent executive orders (“EOs”) and other executive actions issued by the second Trump administration. It focuses on issues most relevant to federal contractors and grant recipients, and is divided into five topics: (1) Federal Funding; (2) DEI and Gender; (3) Energy and Environment; (4) Trade and Foreign Aid; and (5) DOGE and Federal Workforce. Covington’s Government Contracts Practice is continuing to track these and other developments and will plan to periodically update this timeline.
This timeline provides a high-level summary of recent events and is not exhaustive. In addition, this timeline was last updated on the date provided above. To the extent you may have questions regarding any of the developments discussed below — or other matters — please reach out to a member of Covington’s Government Contracts Practice.Continue Reading Timeline of Key Developments Related to Recent Executive Actions as of April 2, 2025
DoD’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 Program
Timeline of Key Developments Related to Recent Executive Actions as of March 26, 2025
During his first two months in office, President Trump has taken numerous executive actions likely to impact federal government contractors and grant recipients. This timeline highlights key developments pertaining to recent executive orders (“EOs”) and other executive actions issued by the second Trump administration. It focuses on issues most relevant to federal contractors and grant recipients, and is divided into five topics: (1) Federal Funding; (2) DEI and Gender; (3) Energy and Environment; (4) Trade and Foreign Aid; and (5) DOGE and Federal Workforce. Covington’s Government Contracts Practice is continuing to track these and other developments and will plan to periodically update this timeline.
This timeline provides a high-level summary of recent events and is not exhaustive. In addition, this timeline was last updated on the date provided above. To the extent you may have questions regarding any of the developments discussed below — or other matters — please reach out to a member of Covington’s Government Contracts Practice.Continue Reading Timeline of Key Developments Related to Recent Executive Actions as of March 26, 2025
Executive Order Issued To Expand GSA’s Role in Acquisition of “Common Goods and Services” and Information Technology
On March 20, 2025, President Trump issued executive order (“EO”) Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement, which will have significant effects on federal government contracting. The EO is intended to consolidate “domestic Federal procurement” within the General Services Administration (“GSA”) to “eliminate waste and duplication.”
The EO has two primary objectives:
- It grants GSA an increased role in the U.S. Government’s acquisition of “common goods and services”.
- It designates the GSA Administrator as “the executive agent for all Government-wide acquisition contracts for information technology” pursuant to 40 U.S.C. § 11302(e).[1]
We have summarized key provisions and potential effects of the EO further below.Continue Reading Executive Order Issued To Expand GSA’s Role in Acquisition of “Common Goods and Services” and Information Technology
Timeline of Key Developments Related to Recent Executive Actions as of March 19, 2025
During his first eight weeks in office, President Trump has taken numerous executive actions likely to impact federal government contractors and grant recipients. This timeline highlights key developments pertaining to recent executive orders (“EOs”) and other executive actions issued by the second Trump administration. It focuses on issues most relevant to federal contractors and grant recipients, and is divided into five topics: (1) Federal Funding; (2) DEI and Gender; (3) Energy and Environment; (4) Trade and Foreign Aid; and (5) DOGE and Federal Workforce. Covington’s Government Contracts Practice is continuing to track these and other developments and will plan to periodically update this timeline.
This timeline provides a high-level summary of recent events and is not exhaustive. In addition, this timeline was last updated on the date provided above. To the extent you may have questions regarding any of the developments discussed below — or other matters — please reach out to a member of Covington’s Government Contracts Practice.Continue Reading Timeline of Key Developments Related to Recent Executive Actions as of March 19, 2025