After failing to be included in the Fiscal Year (“FY”) 2025 National Defense Authorization Act (“NDAA”) or passed as a standalone piece of legislation, the BIOSECURE Act has moved closer to finally being enacted after it was included in the final FY 2026 NDAA text released by Congress on December 7, 2025.  Section 851 of the FY 2026 NDAA is titled “Prohibition on Contracting with Certain Biotechnology Providers,” but includes in substance what was previously introduced and considered in Congress as the BIOSECURE Act. 

The bill has the potential to impose significant restrictions on the use of certain Chinese companies in the supply chain for products procured by the U.S. Government and accordingly has been of interest to industry over the last few years.  This blog post summarizes the scope of the bill, highlights the changes in the FY 2026 NDAA text as compared to prior iterations of the bill, and flags key considerations for government contractors in the life sciences space.

Continue Reading BIOSECURE Act Moves Closer to Enactment with Inclusion in FY 2026 NDAA Text

Recently, in Cosette Pharmaceuticals, Inc. v. United States, the Court of Federal Claims sustained a bid protest, finding that the agency misapplied the Trade Agreements Act (“TAA”) during proposal evaluation.  That decision is a helpful reminder that the Court can be a hospitable forum for challenging an agency’s application of domestic sourcing regulations.

Continue Reading COFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid Protests

As fiscal year (“FY”) 2025 closes, both the Armed Services Board of Contract Appeals (“ASBCA”) and Civilian Board of Contract Appeals (“CBCA”) released their annual reports.  Together, the two reports provide a useful snapshot of case volumes, outcomes, agency trends, and procedural developments.  We break down the findings and, most importantly, what they mean for contractors navigating claims and disputes in FY 2026.

Continue Reading Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual Reports

On November 7, 2025, Secretary of War Pete Hegseth used a speech at the National War College to unveil a Department of War (“DoW”) memorandum titled “Transforming the Defense Acquisition System into the Warfighting Acquisition System to Accelerate Fielding of Urgently Needed Capabilities to Our Warriors.”  This memorandum, referred to throughout as the “WAS Memo”—formally redesignates the Defense Acquisition System (“DAS”) as the Warfighting Acquisition System (“WAS”), places the acquisition enterprise on a “wartime footing,” and sets forth the governance, structural, and process reforms that will shape how DoW capabilities are acquired and fielded. 

This post is the second in a three-part series analyzing these reforms.  In our first post, we examined the WAS Memo’s new emphasis on commercial products and offerings as the preferred acquisition approach.  This post turns to the broader restructuring initiatives contained in the WAS Memo and its accompanying Acquisition Transformation Strategy.

Continue Reading From DAS to WAS:  Secretary Hegseth’s Acquisition Overhaul and What It Means for Industry

As previously noted, although agency organizational conflict of interest (OCI) investigations are highly discretionary, that discretion is not boundless.  GAO’s recent sustain of an impaired objectivity OCI claim in Castro & Company, LLC, B-423689, Nov. 13, 2025, underscores that point, and highlights the need for contracting officers…

Continue Reading “Show Don’t Tell” — GAO Stresses the Importance of Adequately Documenting OCI Investigations

Last week, Secretary Hegseth delivered a speech at the National War College introducing transformations to the defense procurement process.  Among them, the Secretary discussed awarding companies bigger and longer contracts for proven systems; removing “excessive and burdensome” requirements (for example, acquisition rules, accounting standards, and testing oversight); and empowering program leaders with authority to direct program outcomes, move money, and adjust priorities.  Overall, the speech outlined a vision for a more agile defense procurement process that leans heavily on practices already proven and featured in the commercial sector.

Continue Reading Contractors Should Not Overlook the Administration’s Call to Action on Commerciality

Massachusetts aims to be the “cornerstone of the defense industry,” with Governor Maura Healey announcing nearly $47 million in government funding for defense-related projects.  Last year, the Department of Defense ranked Massachusetts ninth out of the top ten states in total Defense spending in FY2023, and the state is aiming…

Continue Reading Massachusetts Seeks to Expand Defense Footprint with Nearly $47 Million in New Projects

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

Continue Reading August, September, and October 2025 Cybersecurity Developments Under the Trump Administration

Now that the final Cybersecurity Maturity Model Certification (CMMC) Program and Procurement Rules have been issued by the Department of War (DoW) (see our CMMC Toolkit for in-depth analysis of these Rules) and the CMMC Program is set to begin in earnest, there is some uncertainty in industry as to…

Continue Reading How Will DoW Determine Which Level of CMMC Applies to My Agreement?

The Department of Commerce recently released a new funding opportunity to support semiconductor-related research and development using funds appropriated under the CHIPS Act of 2022 (Pub. L. No. 117-167, 136 Stat. 1366 (Aug. 9, 2022)).  Set forth below are a few key considerations that interested applicants should bear in mind when evaluating this opportunity, including that the Department may expect to receive upside (e.g., equity stakes) in selected projects.

Continue Reading U.S. Department of Commerce Opens New Funding Opportunity for Semiconductor R&D