Bona Fide Needs with Arnold & Porter and the PubKGroup

Enacted in 2021, the Corporate Transparency Act is intended to reduce illicit activity, including tax fraud, money laundering, and the funding of terrorist activity.

What does this mean for government contractors?

In this episode of Bona Fide Needs, co-host Mike McGill sits down with his Arnold & Porter colleague Naomi Hartman, a partner in the firm's corporate and finance practice group. Mike and Naomi discuss the intention of the CTA, which entities are covered, and what information companies may need to provide the government.

Show notes

• Arnold & Porter: Beneficial Ownership Information Reporting
• FINCEN: Beneficial Ownership Information

The Department of Justice has released its report on False Claims Act enforcement for fiscal year 2023. Did recoveries increase? What's the story behind the numbers?

In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about DOJ's FCA recoveries, as well as developments following the Supreme Court's decisionin Polansky, which raised questions about the constitutionality of the qui tam provisions of the FCA.

Show notes

DOJ’s FY23 FCA Stats Show Bounce Back From Last Year’s Low With Record Number of Cases Initiated by DOJ | FCA Qui Notes | Blogs | Arnold & Porter (arnoldporter.com)

Each year, Congress takes up the National Defense Authorization Act, which sets out budget and policy priorities for the Department of Defense. This bill is one of very few pieces of legislation that must pass every year.

In this episode, defense and policy experts from Arnold and Porter discuss the passage of this year's NDAA and some important policy considerations for defense contractors. The firm's Chuck Blanchard, Adrienne Jackson, and Yuvaraj Sivalingam will discuss:

• Notable provisions related to contracting and procurement, including new disclosure requirements and small business matters
• Contracting restrictions on doing business with “covered countries”, including China, Russia, and Iran
• Language governing supply chain and critical minerals issues
• Buy America provisions
• Artificial Intelligence, cyber, and quantum information science and technology directives and investments

At the end of December, the Department of Defense published its proposed rule implementing the Cybersecurity Maturity Model Certification. This long-anticipated issuance answered many - but not all - of the questions about how the department will implement the program.In this episode of Bona Fide Needs, Arnold and Porter's Ronald Lee and Tom Pettit discuss the proposed rule and address some of those questions contractors may be asking:

• What should contractors focus on immediately?
• What did the rule resolve and what was left uncertain?
• How should subcontractors approach the proposed rule?
• Can a contractor (or DIDBCAP for Level 3) ever affirm compliance if the contractor IT system is not in full compliance?
• How can a contractor lose a self-certification or certification assessment?

Show Notes

Department of Defense Issues CMMC 2.0 Proposed Rule | Advisories | Arnold & Porter (arnoldporter.com)

Pub K’s Government Contracts Annual Review 2024

What's in store for contractors in 2024? Arnold & Porter legal and policy experts pull out their crystal ball to forecast developments in many important topics.

• Christian Sheehan and Jayce Born on False Claims Act constitutionality
• Ron Lee on the Cybersecurity Maturity Model Certification implementing regulations
• Tom Pettit on a recent proposed rule on cyber incident reporting and information sharing
• Chuck Blanchard on supply chain regulations and Federal Acquisition Security Council removal orders
• Stuart Turner on nontraditional bid proposal evaluation processes and how to challenge them

Show Notes 1:20 - False Claims Act constitutionality 11:00 - CMMC implementing regulations 17:30 - Proposed rule on cyber incident reporting and information sharing 24:15 - Supply chain regulations and FASC removal orders 28:30 - Nontraditional bid proposal evaluation processes and how to challenge them

Pub K’s Government Contracts Annual Review 2024

In Ultima Services v. the Department of Agriculture, a federal district court held that the Small Business Administration’s reliance on the rebuttable presumption of disadvantage for its 8(a) business development program violated the Fourteenth Amendment’s Equal Protection clause. That decision created a cascade of developments, as SBA froze new 8(a) applications, and then issued clarifying guidance to 8(a) participants.

To examine this and other developments, Arnold & Porter partner Mike McGill is joined by Senior Associate Tom Pettit.

For additional reading on these topics, please visit Pub K Group online.

After weeks of drama and legislative inaction, the House of Representatives finally has a new speaker as Representative Mike Johnson of Louisiana unexpectedly rose to the highest office in the chamber. As Congress faces fast-approaching deadlines for FY2024 appropriations and the National Defense Authorization act, how will Speaker Johnson move this must-pass legislation through a contentious House and Democratic Senate?

In this episode of Bona Fide Needs, Arnold & Porter Partner Mark Epley and Policy Advisor Jessica Monahan discuss how we got here, the prospects for FY2024 spending bills and the NDAA, reactions from the Senate, what contractors should be doing, and how the 2024 election may impact further legislation.

0:00 - Introduction 0:45 - Headlines 11:30 - Interview 13:00 - How Mike Johnson ascended to the Speakership 16:45 - The must-pass bills before Congress 21:00 - The Speaker's plan for moving legislation 29:00 - Action in the Senate 34:00 - What contractors should be doing 36:30 - The impact of the 2024 election on upcoming legislation 43:30 - Wrap-up

For links to articles and blog posts discussing the topics in this month's podcast, visit Pub K online.

As we approach the end of fiscal year 2023, Washington is once again facing down the prospect of a government shutdown at midnight on Saturday, September 30th. There’s a growing consensus among veteran Congress-watchers that a shutdown is inevitable.

In this episode of Bona Fide Needs, Arnold & Porter Policy Advisor Sara Linder, Partner Chuck Blanchard, and Partner Josh Alloy joinArnold and Porter partner andBona Fide Needsco-host Mike McGill to discuss the perspective from Capitol Hill, what government agencies are doing, how contractors should prepare for a shutdown, and how employment law may affect how contractors manage their workforce during a lapse in appropriations.

0:00 - Introduction 1:00 - Headlines 7:00 - Interview 7:05 - The perspective from Capitol Hill 19:00 - How are agencies preparing for a shutdown? 33:00 - How can contractors weather the storm? 47:00 - Wrap-up

For links to articles and blog posts discussing the topics in this month's podcast, visit Pub K online.

For more than 60 years, Congress has passed an annual National Defense Authorization Act establishing budget and policy priorities for the Department of Defense. This must-pass legislation often arrives late in the calendar year and laden with new acquisition rules and requirements. Traditionally, this language also spills over to civilian agencies.

In this episode of Bona Fide Needs, Arnold & Porter Policy Advisor Sara Linder, Policy AdvisorYuvaraj Sivalingam, and Senior Policy SpecialistAdrienne Jackson examine what contractors can expect from this year's NDAA. They're joined byArnold and Porter partner and Bona Fide Needs co-host Mike McGill.

0:00 - Introduction 0:30 - Headlines 0:40 - White House and Congressional News 4:00 - False Claims Act Updates 9:00 - Cybesecurity News 11:25 - Small Business News 14:00 - Federal Regulations 15:00 - NDAA Discussion 1:04:00 - Wrap-up

For links to articles and blog posts discussing the topics in this month's podcast, visit the Pub K Group website.

While the government contracting community had its eyes on the Supreme Court's consideration of the False Claims Act's scienter element, the Justices issued another decision that could have an even more significant impact on the fraud law. In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about the court's decision in Polansky, as well as some provocative comments in a dissent by Justice Clarence Thomas.

Also in this episode, Bill breaks down recent developments involving the Schutte and Proctor False Claims Act decisions, the Department of Defense's Other Transactions guidance, the White House's plan to implement the National Cybersecurity Strategy, and an important D.C. District Court decision that could alter the way the Small Business Administration calculates total revenues for the purposes of small business set-aside programs.

0:00 - Introduction 0:45 - Headlines 7:00 - Conversation with Tirzah Lollar and Christian Sheehan 19:20 - Conclusion

Show Notes are available at the PubKGroup website.