On September 3, 2026 the Department of War (DoW) issued Revision 3 to its Class Deviation and associated Procedures, Guidance and Information (PGI) that implements a new Part 240 (consistent with the Revolutionary FAR Overhaul of Part 40, which we
Inside Government Contracts
Procurement Law and Policy Insights
Inside Government Contracts, published by Covington & Burling LLP, focuses on legal and regulatory developments affecting government contractors. The blog covers topics such as bid protest trends and outcomes, changes in procurement regulations including Cost Accounting Standards (CAS) and Truthful Cost or Pricing Data Act (TINA) thresholds, legislative updates impacting government contracting like the National Defense Authorization Act (NDAA), and compliance issues related to domestic sourcing and trade agreements. It also addresses emerging concerns in government procurement such as biotechnology supply chain restrictions and agency enforcement actions. The blog serves as a resource for understanding the intersection of federal acquisition policies, contract disputes, and regulatory compliance.
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The Electric Grid’s ICTS Moment? New National Security Executive Order Targets Foreign-Sourced Energy Equipment
On August 26, 2026, President Trump issued Executive Order 14421, Declaring a National Emergency to Secure the United States Bulk-Power System. The Order establishes a new national security regulatory framework for a broad range of equipment, software, services, and…
The Forum You Chose Yesterday May Control the Claim You File Tomorrow
A recent decision by the U.S. Court of Federal Claims (“COFC”) serves as an important reminder that forum selection under the Contract Disputes Act (“CDA”) can have consequences that extend beyond a single appeal. In Gilbane Federal v. United States…
CAS Board Rolls Out Two Changes with Significant Impact on Federal Contractors
On September 1, 2026, the Cost Accounting Standards (“CAS”) Board published two final rules implementing seismic changes to cost accounting requirements for federal government contractors. The most significant change implements a requirement in last year’s National Defense Authorization Act (“NDAA”),…
Discovery Fraud Comes at a Price: CBCA Dismisses Contractor’s Monetary Claim as a Sanction
The Civilian Board of Contract Appeals (“CBCA” or the “Board”) recently issued a stark reminder that discovery misconduct can be case-dispositive. In Venergy Group, LLC v. Department of Veterans Affairs, the Board dismissed a contractor’s $4.2 million affirmative claim…
SBA Proposes Overhaul of Size Standards That Would Reclassify Tens of Thousands of Contractors as “Small”
On August 20, 2026, the U.S. Small Business Administration (“SBA”) issued a proposed rule that would reset small-business size standards across the economy and a companion white paper proposing a new methodology for calculating them. The proposed rule—Small Business…
SBA Finalizes Changes to the 8(a) Program’s Social Disadvantage Requirements
On August 11, 2026, the Small Business Administration issued a final rule that fundamentally alters how individuals may qualify as “socially disadvantaged” under the 8(a) Business Development Program. Although the final rule largely follows the proposed rule from June 2026,…
DSCA Expands FMF Eligibility for Direct Commercial Contracts
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…
COFC Finds Jurisdiction Over SBIR Protest
A recent Court of Federal Claims (“COFC”) decision shows that with the right facts, the government’s failure to award a follow-on Small Business Innovation Research Program (“SBIR”) contract can be challenged at COFC.
In Strategi Consulting, LLC v. United States,…