Bona Fide Needs with Arnold & Porter and the PubKGroup
Arnold & Porter and the PubKGroup present Bona Fide Needs, a monthly podcast addressing the biggest legal issues facing government contractors and their counsel. Hosted by Arnold & Porter’s Mike McGill and PubK’s Bill Olver, Bona Fide Needs covers the breadth of federal contracting, from contract formation to termination, including bid protests and claims, fraud and compliance, cybersecurity matters, and corporate responsibility and governance.
Episodes
Episodes
Tuesday Mar 19, 2024
Ep. 3.03: DOJ's False Claims Act Recoveries for 2023
Tuesday Mar 19, 2024
Tuesday Mar 19, 2024
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 decision in 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)
Thursday Feb 08, 2024
Ep. 3.02: The FY2024 National Defense Authorization Act
Thursday Feb 08, 2024
Thursday Feb 08, 2024
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
Tuesday Jan 16, 2024
Ep. 3.01: Breaking Down the CMMC Proposed Rule
Tuesday Jan 16, 2024
Tuesday Jan 16, 2024
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
Wednesday Dec 20, 2023
Ep. 2.12: Hear Our Predictions for 2024!
Wednesday Dec 20, 2023
Wednesday Dec 20, 2023
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 Notes1:20 - False Claims Act constitutionality11:00 - CMMC implementing regulations17:30 - Proposed rule on cyber incident reporting and information sharing24:15 - Supply chain regulations and FASC removal orders28:30 - Nontraditional bid proposal evaluation processes and how to challenge them
Pub K’s Government Contracts Annual Review 2024
Wednesday Nov 29, 2023
Ep. 2.11: What Does Ultima Services Mean for Your Small Business?
Wednesday Nov 29, 2023
Wednesday Nov 29, 2023
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.
Wednesday Nov 01, 2023
Ep. 2.10: The House Has a New Speaker, but Will Old Conflicts Derail 2024 Spending?
Wednesday Nov 01, 2023
Wednesday Nov 01, 2023
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 - Introduction0:45 - Headlines11:30 - Interview13:00 - How Mike Johnson ascended to the Speakership16:45 - The must-pass bills before Congress21:00 - The Speaker's plan for moving legislation29:00 - Action in the Senate34:00 - What contractors should be doing36:30 - The impact of the 2024 election on upcoming legislation43:30 - Wrap-up
For links to articles and blog posts discussing the topics in this month's podcast, visit Pub K online.
Wednesday Sep 27, 2023
Ep. 2.09: Are You Prepared for a Government Shutdown?
Wednesday Sep 27, 2023
Wednesday Sep 27, 2023
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 join Arnold and Porter partner and Bona Fide Needs co-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 - Introduction1:00 - Headlines7:00 - Interview7:05 - The perspective from Capitol Hill19:00 - 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.
Tuesday Aug 29, 2023
Ep. 2.08: What Does the FY2024 NDAA Have in Store for Contractors?
Tuesday Aug 29, 2023
Tuesday Aug 29, 2023
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 Advisor Yuvaraj Sivalingam, and Senior Policy Specialist Adrienne Jackson examine what contractors can expect from this year's NDAA. They're joined by Arnold and Porter partner and Bona Fide Needs co-host Mike McGill.
0:00 - Introduction0:30 - Headlines0:40 - White House and Congressional News4:00 - False Claims Act Updates9:00 - Cybesecurity News11:25 - Small Business News14:00 - Federal Regulations15:00 - NDAA Discussion1:04:00 - Wrap-up
For links to articles and blog posts discussing the topics in this month's podcast, visit the Pub K Group website.
Bona Fide Needs
What government contractors need to know.
Pub K writes the news. Arnold & Porter provides insight and thought leadership.
Headline news, interviews, and in-depth conversations with subject matter experts on the most important developments affecting federal contracting.