This blog previously covered the Federal Circuit’s decision in Percipient.ai, Inc. v. United States, which addressed bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”), and seemed to potentially open the door to a new category of protests.  Now, in an en banc ruling, the Federal Circuit vacated that decision and reached a different conclusion on bid protest standing.  The Federal Circuit left the jurisdictional questions unresolved, but even if future decisions construe COFC’s jurisdiction broadly, the Federal Circuit’s decision on standing will likely limit the universe of new protests that might otherwise result from such a broad construction of jurisdiction.    Continue Reading En Banc Decision in Percipient.ai, Inc. v. United States:  Federal Circuit Holds That Only Actual or Prospective Bidders or Offerors Have Bid Protest Standing Under Tucker Act

This blog post discusses the Department of Defense’s (“DoD”) new cybersecurity rule that imposes certain cybersecurity requirements on relevant DoD contractors and subcontractors. The post will be of interest to all DoD contractors, subcontractors, and possibly affiliates of contractors that may be impacted by the new rule’s cybersecurity requirements.

On…

Continue Reading Cybersecurity Maturity Model Certification (CMMC) Program Procurement Final Rule Announced

Though the 2nd Trump Administration has dramatically turned away from the energy and industrial policies of the Biden Administration, private-sector proponents of advanced energy projects may still find opportunities to partner with the federal government on certain Research and Development (R&D) or commercialization projects in the energy sector. 

Since January 2025, nearly all corners of the federal government have sought to terminate federal grants, loans, and contracts that the Trump Administration has determined are out of step with the government’s revised priorities (such as in the case of various clean energy focused programs or decarbonization initiatives).  Nonetheless, federal agencies have also announced new initiatives providing both financial and non-financial benefits for energy projects that the Trump Administration continues to support.  In particular, there are significant opportunities available for developers of nuclear energy, critical minerals, and geothermal projects, as detailed further below.  Continue Reading Opportunities for Advanced Energy Partnerships in the 2nd Trump Administration

Consistent with the Trump Administration’s focus on procurement fraud, a recent settlement and guilty pleas secured by the DOJ demonstrate that bid rigging is in the Administration’s crosshairs.  Government contractors should be aware of the legal risks associated with bid rigging when engaging in the bidding process. Continue Reading Bid Rigging Risk for Government Contractors

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 Standards

This is the sixth blog in a series of Covington blogs on cybersecurity policies, executive orders (“EOs”), and other actions of the Trump Administration.  The fifth blog is available here and our initial blog is available here.  This blog describes key cybersecurity developments that took place in July 2025. …

Continue Reading July 2025 Cybersecurity Developments Under the Trump Administration

On August 13, 2025, the White House issued Executive Order 14335, “Enabling Competition in the Commercial Space Industry” (“EO 14335” or the “EO”).  Framed as a push to “enhance American greatness by enabling a competitive launch marketplace and substantially increasing commercial space launch cadence and novel space activities by 2030,” EO 14335 directs federal agencies to reform regulatory barriers in four key areas:  (1) commercial launch and reentry, (2) spaceport infrastructure, (3) novel space activity authorization, and (4) leadership and accountability.  Sec. 2.  Each of these initiatives aims to streamline bureaucracy, reduce delays, and accelerate U.S. commercial space growth.  Below, we break down the EO’s provisions in each area and examine their significance for industry stakeholders.Continue Reading To Efficiency and Beyond?:  President Trump Issues Executive Order to Enable a Competitive Space Launch Market

As part of the Trump Administration’s Revolutionary FAR Overhaul (“RFO”), the Federal Acquisition Regulation (“FAR”) Council has been releasing streamlined Parts of the FAR on a rolling basis.  We have been closely monitoring the RFO and its effects on the acquisition landscape, and publishing updates on the progress.  To date, 25 streamlined FAR Parts have been released on the RFO page of acquisition.gov, the most recent of which were released earlier today: Part 9 – Contractor Qualifications; Part 33 – Protests, Disputes, and Appeals; Part 46 – Quality Assurance; and Part 49 – Termination of Contracts.  Along with the streamlined Parts, revised definitions and contract clauses have been added to Parts 2 and 52, respectively.  And, a host of non-regulatory resources and commentary, from Practitioner Albums to Smart Accelerators is growing.

Notably, FAR Part 42 – Contract Administration and Audit Services, which includes Subpart 42.12 – Novation and Change-of-Name Agreements, has yet to be overhauled, and we wanted to take this opportunity to renew our call for reform of the existing novation process.Continue Reading Time To Overhaul FAR Part 42?  The Novation Process Can Use An Upgrade

This is part of an ongoing series of Covington blogs on the AI policies, executive orders, and other actions of the Trump Administration.  This blog describes AI actions taken by the Trump Administration in July 2025, and prior articles in this series are available here.

White House Issues AI…

Continue Reading July 2025 AI Developments Under the Trump Administration

On August 7, 2025, President Trump issued Executive Order 14332, “Improving Oversight of Federal Grantmaking,” (“EO 14332” or “the EO”) to “strengthen oversight and coordination of, and to streamline, agency grantmaking” and “ensure greater accountability for use of public funds.”  Sec. 1.  Among other things, the EO:  (1) directs agencies to review discretionary funding opportunities for consistency with agency priorities; (2) provides principles for agencies to use in assessing discretionary awards; (3) directs the Office of Management and Budget (“OMB”) to revise the Uniform Guidance applicable to federal financial assistance; and (4) requires agencies to include terms and conditions in their discretionary grant agreements allowing for termination for convenience and preventing recipients from drawing down funds without prior written explanation and approval.  Through these methods, EO 14332 focuses on increased political oversight of discretionary funding, ensuring broad termination for convenience rights, and limiting indirect costs.  The EO arrives at the intersection of recent efforts by the Trump Administration both to cancel, terminate, or otherwise pause federal funding viewed as inconsistent with the Administration’s policy priorities and to streamline federal procurement regulations.Continue Reading White House Issues Executive Order Focused on “Improving Oversight of Federal Grantmaking”