Government Contracts Regulatory Compliance

On January 21, 2025, President Trump issued Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“EO 14173”), which, among other things, revoked Executive Order 11246 (“EO 11246”), a 60-year-old Civil Rights-era directive that prohibited federal contractors from discriminating on the basis of race, color, religion, sex…

Continue Reading The Executive Order 11246 Grace Period Ends Today (April 21)

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

Updated as of April 30, 2025

Over the first one-hundred days of the second Trump Administration, Covington’s Government Contracts Practice has tracked the latest developments related to recent executive actions most relevant to federal contractors and grantees.  This April edition of our key developments timeline provides a targeted overview of…

Continue Reading Timeline of Key Developments Related to Recent Executive Actions: April Edition

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

On March 29, United States embassies across Europe began sending letters and an accompanying “Certification regarding compliance with applicable federal anti-discrimination law” to companies in Belgium, Bulgaria, Denmark, France, Italy, Luxembourg, and Spain.  This certification purports to apply Executive Order (“EO”) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) to U.S. government suppliers and contractors based in Europe “regardless of their nationality and the country in which they operate.”  As we wrote in a prior alert, the Trump administration intends for EO 14173 to end what it considers to be “illegal preferences and discrimination” including those “under the guise of so-called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” programs by prescribing required provisions for federal contracts. Continue Reading European Companies Wrestle with U.S. Government’s Anti-DEI Push

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

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

On Tuesday, March 4, 2025, President Trump addressed a joint session of Congress, and highlighted many of the actions his administration has taken during his first six weeks in office.  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 document provides a high-level summary of recent events and is not exhaustive. In addition, this document 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 12, 2025

On Tuesday, March 4, 2025, President Trump addressed a joint session of Congress, and highlighted many of the actions his administration has taken during his first six weeks in office.  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 post provides a high-level summary of recent events and is not exhaustive. In addition, this document 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 5, 2025

Update: On March 14, 2025, President Trump issued an Executive Order, “Additional Rescissions of Harmful Executive Orders and Actions,” which revoked Executive Order 14026, discussed below. The U.S. Department of Labor has stated it is “no longer enforcing Executive Order 14026 or the implementing rule (29 CFR part 23) and will take steps, including rescinding 29 CFR part 23, to implement and effectuate the revocation of Executive Order 14026.” We will continue to monitor further developments.

Earlier this month, the Fifth Circuit ruled in favor of a Biden administration order raising the minimum wage of many types of federal contract workers.  The executive order remains subject to litigation (in both the Fifth Circuit and elsewhere), but is currently effective throughout the country, with a narrow exception for certain state agencies. 

President Biden’s Executive Order 14026 (“the EO”), issued in April 2021, raised the hourly minimum wage to $15.00 for federal contract workers for the following contract types:

  • Procurement contracts for construction projects covered by the Davis-Bacon Act (“DBA”);
  • Service contracts falling under the Service Contract Act (“SCA”);
  • Concessions contracts, including those excluded from the SCA by DOL regulations at 29 C.F.R. 4.133(b); and,
  • Contracts related to federal property or lands and connected to providing services for federal employees, their dependents, or the general public.

EO 14026 directs the U.S. Department of Labor to annually update the hourly minimum wage.  We wrote in October 2024 about DOL’s annual update effective January 1, 2025, which raised the minimum wage for covered contracts from $17.20 to $17.75.  More details are below.Continue Reading Fifth Circuit Adds New Wrinkle to Ongoing Fight Over Federal Contract Worker Minimum Wage Requirement