Bona Fide Needs with Arnold & Porter and the PubKGroup

Ep. 3.06: The 2025 NDAA -- What Government Contractors Need to Know Jul 31, 2024

Every year Congress must pass the National Defense Authorization Act (NDAA). The NDAA adjusts DoD budget priorities based on what's happening around the world and current military needs. Thus, the NDAA is a guide to the issues that will impact defense contracting in the coming year.

In this episode of Bona Fide Needs, Marne Marotta, Adrienne Jackson, and Sara Linder of Arnold & Porter discuss the status of the 2025 NDAA bills pending in the House and Senate, provisions in the bills that could impact government contractors, and some notable amendments. They also predict where things are headed with each bill over the next few months.

Ep. 3.05: Is Congress About to Enact a National Data Privacy Law? May 20, 2024

Last month, Congress began considering the American Privacy Rights Act, or the APRA. The bill has rare bipartisan support and could pass this year. If Congress enacts the APRA, it will establish the first national privacy and data security standard for the United States. In this episode of Bona Fide Needs, Ron Lee, Amy Davenport, James Courtney, and Jami Vibbert from Arnold & Porter discuss what’s in the APRA, whether it can pass, and what it means for government contractors.

Ep. 3.04: Is Your Business Ready for the Corporate Transparency Act? Apr 08, 2024

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

Ep. 3.03: DOJ's False Claims Act Recoveries for 2023 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)

Ep. 3.02: The FY2024 National Defense Authorization Act 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

Ep. 3.01: Breaking Down the CMMC Proposed Rule 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

Ep. 2.12: Hear Our Predictions for 2024! 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 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

Ep. 2.11: What Does Ultima Services Mean for Your Small Business? 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.

Ep. 2.10: The House Has a New Speaker, but Will Old Conflicts Derail 2024 Spending? 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 - 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.

Ep. 2.09: Are You Prepared for a Government Shutdown? 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 - 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.

Ep. 2.08: What Does the FY2024 NDAA Have in Store for Contractors? 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 - 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.

Ep. 2.07: Is the False Claims Act Unconstitutional? Jul 25, 2023

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.

Ep. 2.06: Will SCOTUS Unravel the Chevron Deference? Jun 27, 2023

In April, the Supreme Court announced it would take up a lawsuit involving the Department of Commerce’s oversight of marine fishing vessels. Of import to federal contractors, the case provides an opportunity for the Justices to examine the 40-year old Chevron deference, and consider whether they should overrule or clarify the previous holding.

In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partner Kristen Ittig, who explains the principles of the Chevron deference, how it is used in court, the current case before the Supreme Court, and how overruling the Chevron case could impact federal contractors.

Also in this episode, Bill breaks down recent developments involving the debt ceiling, the Department of Justice's authority to dismiss qui tam cases, NIST's update to guidance on protecting controlled unclassified information, and changes to SBA's small business regulations.

0:00 - Introduction
0:30 - Headlines
11:00 - Conversation with Kristen Ittig
22:00 - Conclusion

Show notes are available at the Pub K Group website.

Ep. 2.05: SCOTUS Rejects Safeco Defense. What Does This Mean for FCA Defendants? Jun 07, 2023

On June 1, the Supreme Court issued its much-awaited opinion in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel. Proctor v. Safeway, Inc., handing down a unanimous decision reversing the Seventh Circuit and rejecting the application of Safeco’s “objective reasonableness” standard to the False Claims Act. The decision will have significant ramifications not only for FCA litigation pending in the Seventh Circuit, but in courts across the country, as multiple courts of appeals and district courts had also adopted an “objective reasonableness” requirement.

In this episode, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan, who discuss what the decision means and its implications for FCA defendants.

0:00 - Introduction
3:00 - Reaction to the Decision
5:30 - The Key Takeaways from the Decision
10:30 - The Effect on Future and Ongoing FCA Litigation
18:45 - Advice for Potential FCA Defendants

Show notes are available at the Pub K Group website.

Ep. 2.04: How Contractors Can Prepare for a Default on the Nation’s Debt May 25, 2023

The threat of the U.S. government defaulting on its debt is full of uncertainties for federal contractors. These risks include subcontracting disputes and even going out of business if the government deprioritizes payments to government contractors.

In this episode of Bona Fide Needs, Pub K's Bill Olver sits down with two attorneys from Arnold & Porter's Government Contract and National Security Group - Keith Feigenbaum and Bryan Williamson - who address the statutory framework of the debt ceiling, the implications of a breach, the likely effect on federal contractors, and many practical recommendations for how contractors can prepare for a breach and respond to any adverse actions.

0:30 - Headlines
8:00 - Introduction Keith Feigenbaum and Bryan R. Williamson
9:15 - What is the Debt Ceiling?
12:15 - What are the implications of a breach?
16:50 - How will a breach impact federal contractors?
21:00 - What can contractors do to prepare or seek remedy?
31:00 - Acknowledgements

Show notes are available at the Pub K Group website.

Ep. 2.03: The Supreme Court’s Consideration of the FCA Knowledge Standard Apr 25, 2023

On April 18, the Supreme Court heard oral arguments in Schutte v. SuperValu and Proctor v. Safeway, two qui tam cases raising significant questions about the knowledge standard under the False Claims Act.

Arnold & Porter partners Tirzah Lollar, Craig Margolis, and Christian Sheehan attended the arguments in-person and then provided their real-time insights into the Justices' line of questioning, the parties' responses, and what this may mean for relators and defense counsel.

In this episode of Bona Fide Needs, we present their discussion, with additional contextual comments by Tirzah Lollar.

0:30 - Tirzah's introduction

6:00 - Tirzah, Craig, and Christian's webinar discussion

52:30 - Acknowledgements

For our show notes, visit us at the Pub K Group website.

Ep 2.02: The Supreme Court Tackles FCA Court Splits Mar 15, 2023

In this episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Practice partners Tirzah Lollar and Christian Sheehan for a discussion about the Department of Justice's reported FCA recoveries for fiscal year 2022, as well as two FCA-related cases before the Supreme Court.

0:25 - Mike's introduction

1:50 - Bill's conversation with Tirzah and Christian

3:45 - FCA recoveries for FY2022

10:30 - Supreme Court consideration of the scienter standard

18:20 - Supreme Court consideration of the government's authority to dismiss qui tam complaints

26:30 - Mike's comments

For our show notes, visit us at the Pub K Group website.

Ep 2.01: COVID-19 Claims Litigation - What You Should Know Feb 08, 2023

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill speaks with Arnold & Porter Senior Associate Amanda Sherwood on recent cases addressing contractor relief for the impacts of the COVID-19 pandemic and unanticipated inflation and Mike summarizes the targeted relief authorized through section 822 of the National Defense Authorization Act for FY 2023.

0:00 - Introduction

1:20 - Mike and Amanda's conversation

35:20 - Mike's final comments on the FY2023 NDAA

Show notes available online at the Pub K Group website.

Ep 1.07: 2023 Annual Review Preview with PilieroMazza’s Nichole Atallah Dec 20, 2022

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PilieroMazza Partner Nichole Atallah preview the Labor & Employment panel from Pub K's upcoming 2023 Annual Review.

From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.

Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.com/govcon-annual-review-2023/.

Ep 1.06: 2023 Annual Review Preview with Arnold & Porter’s Craig Holman Dec 20, 2022

In this episode of Bona Fide Needs, Arnold & Porter Partners Mike McGill and Craig Holman preview the Bid Protest panel from Pub K's upcoming 2023 Annual Review.

From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.

Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.com/govcon-annual-review-2023/.

Ep 1.05: Pub K Group’s 2023 Annual Review Preview with Alan Chvotkin Dec 19, 2022

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup President Alan Chvotkin preview Pub K's upcoming 2023 Annual Review.

From January 9 - 12, three dozen top government contracting practitioners will break down the most important and intriguing developments affecting federal contractors and their counsel. Government officials, private sector attorneys, and in-house experts will examine 2022's key litigation, enforcement activity, agency regulatory activity, and developments from Capitol Hill and the White House.

Pub K's Annual Review is free to the public. To register, visit Pub K online at https://pubkgroup.com/govcon-annual-review-2023/.

Ep 1.04: How You Can Respond to Defense Production Act Orders Aug 23, 2022

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.

Our feature this month is Mike’s in-depth discussion with Arnold & Porter partner Chuck Blanchard, who previously served as general counsel of the Air Force and earlier the Army. Mike and Chuck discuss a range of topics, including the Defense Production Act, Other Transaction Authority, and Foreign Military Sales.

The episode starts with Mike highlighting several key regulatory and policy developments that you may have missed over the summer, including the Department of Labor’s proposed rule on non-displacement of service employees, the Office of Personnel Management’s proposal to update “ban the box” rules for federal employees and the implications for the upcoming rules applicable to federal contractors, the Department of Defense’s guidance to contracting officers related to assessing and enforcing contractor cybersecurity compliance, and the Department of Defense’s guidance on economic price adjustments to combat inflation.

Next, Bill flags several notable PubK headlines, most involving recent significant developments involving the False Claims Act. Bill provides an overview of the Supreme Court's consideration of cases involving the Rule 9(b) particularity standard and DOJ's authority to dismiss qui tam complaints, as well as other cases involving causation and the Anti-Kickback Statute. This month's headlines also touch on GAO case decisions and two court decisions that impacted regulatory issues, including the Chevron deference.

Show notes

0:25 - Introduction and Overview
01:45 - Mike McGill’s summary of regulatory and policy developments
19:00 - Bill Olver’s summary of headline developments
33:30 - Mike’s discussion with Chuck Blanchard on DPA, OTA, and FMS
1:18:00 - Credits and copyright

Music credit: Scratch the Itch by Marc Walloch (Shutterstock)

Links

Department of Labor Proposal Rule Implementing EO 14055, Nondisplacement of Qualified Workers Under Service Contracts.

Office of Personnel Management Proposed Rule Implementing Fair Chance to Compete for Jobs Act of 2019.

Department of Defense Memorandum "Contractual Remedies to Ensure Contractor Compliance with Defense Federal Acquisition Regulation Supplement Clause 252.204-7012, for contracts and orders not subject to Clause 252.204-7020; and Additional Considerations Regarding National Institute of Standards and Technology Special Publication 800-171 Department of Defense Assessments."

Department of Defense Memorandum “Guidance on Inflation and Economic Price Adjustments.”

Arnold & Porter Alert “Expanded Use of the Defense Product Act and Focus on Building the Domestic Supply Chain: What Companies Need to Know.”

Arnold & Porter Webinar “Understanding and Leveraging the Defense Production Act.”

Arnold & Porter Alert “DoD Ushers in CMMC and NIST SP 800-171 Assessment Methodology With Interim Rule.”

Justice Department Sues to Block Booz Allen Hamilton’s Proposed Acquisition of EverWatch

Booz Allen says Acquisition Aimed at Lockheed, Raytheon, ‘Billions’ in Contracts

GAO Rejects Agency’s Tortured Explanation as to How a Key Person Who Resigned Was Still Technically Available. If a Key Person Leaves After Proposal Submission, When Do They Become “Unavailable”?

United States Court of Appeals for the DC Circuit No. 20-5291; the Humane Society of the United States v. United States Department of Agriculture

Supreme Court of the United States No. 20-1530; West Virginia, et al., v. Environmental Protection Agency, et al.;

Supreme Court restricts the EPA's authority to mandate carbon emissions reductions

District Court Adopts Swift Standard of Unfettered Right of DOJ to Dismiss Qui Tam Actions

Nothing to See Here: Solicitor General Recommends That SCOTUS Deny Cert. in Eleventh Circuit Case on Rule 9(b)

Fraudulent Activity, Without the Submission of False Claims, Insufficient to Support Qui Tam Case

Seventh Circuit Reverses Ruling on Knowledge Element, Finding Defendant Had to Know High-Cost Services Were Material to High Capitation Rate

Dissent: Materiality Not Shown Where Defendant Failed to Provide One Service Out of Many Possible Services

CBO Issues Long-Awaited Analysis of Proposed FCA Amendments

Court Split: Sixth Circuit Says FCA Anti-Retaliation Provision Also Applies to Former Employees

Eighth Circuit: But-For Causation Required to Show FCA Liability Arising from AKS Violations

Eighth Circuit Puts the Teeth Back in the AKS’s Causation Requirement, Creating Yet Another FCA Circuit Split

Second Circuit: Anti-Kickback Statute Liability Doesn't Require Corrupt Intent

Ep 1.03: The Impact of PFAS Controls on Federal Procurement May 16, 2022

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.

Our headline feature this month is Mike’s broad discussion with Arnold & Porter partner Judah Prero on the interplay between the regulation of the chemical PFAS and federal procurement, which is part of the Biden Administration's broader effort on climate change and environmental sustainability.

Mike also examines new procurement rules, including a FAR rule on the use of small business procedures for overseas procurements, a final DFARS rule on commerciality determinations, and a final DFARS rule on the validation of intellectual property rights and data related to commercial products. Mike also revisits GSA's acquisition letter on economic price adjustments to combat inflation.

Bill rounds out the episode with a brief update on important developments for federal contractors, including OMB's Buy American guidance for infrastructure projects, OFCCP guidance on contractor compliance evaluations, the Interagency Suspension and Debarment Committee's report on S&D activity for FY2020, as well as regulatory, legislative, and cybersecurity activity.

Show notes

0:20 – Introduction and Overview

1:45 – Recent Regulatory Developments

12:00 – Federal Procurement Headlines

23:15 – The Intersection of PFAS Regulation and Federal Procurement

1:10:00 – Practical Wrap Up

1:14:00 – Credits and copyright

Further Reading

Arnold & Porter Environmental Edge Blog: Federal Procurement and PFAS: Important Recent Developments

EPA: Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing

EPA: How EPA’s Recommended Standards and Ecolabels Address Per- and Polyfluoroalkyl Substances (PFAS)

Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure

White House Directive Promotes Quantum Computing for Cyber Infrastructure

Federal Agencies Likely to Get New Cybersecurity Guidance ‘In Coming Weeks’

CMMC Interim Rule Could Land in May

Can Small Businesses Keep up with Defense Cyber Requirements?

Pentagon Eyeing the Cloud to Help Firms Meet CMMC Cybersecurity Requirements

DOD Expands Vulnerability Disclosure Program to Contracting Base in Pilot

New OFCCP Compliance Review Directions

ISDC Report: Suspensions and Debarments Down from Pre-Pandemic Levels

H.R.7185 - Federal Contracting for Peace and Security Act

House Oversight and Reform Committee: Federal Contracting for Peace and Security Act

S.3905 - Preventing Organizational Conflicts of Interest in Federal Acquisition Act

Former Health Care Staffing Executive Convicted of Obstructing FTC Investigation into Wage-Fixing Allegations

Jury Acquits DaVita, ex-CEO Kent Thiry in Landmark Antitrust Prosecution of Non-Poaching Agreements

Notice of Proposed Rulemaking: Set-Asides for Indian-Owned Businesses

Small Business Size Standards: Agriculture, Forestry, Fishing and Hunting; Mining, Quarrying, and Oil and Gas Extraction; Utilities; Construction

What Federal Agencies Need to Know Now About the New Lease Accounting Standard

Ep 1.02: The Impact of Russia Sanctions on U.S. Firms Apr 08, 2022

In this episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.

Our headline feature this month is Mike’s broad discussion with Arnold & Porter partner Soo-Mi Rhee on the economic sanctions imposed by the United States government following Russia's invasion of Ukraine, and the impact of those sanctions on U.S. companies, including federal contractors.

Mike also breaks down new procurement rules, including a new FAR rule amending the Buy American Act implementing regulations, a Department of Defense final rule on enhanced debriefings, and a proposed USDA rule requiring contractors to disclose labor and employment violations.

Bill rounds out the episode with a brief update on important developments for federal contractors, including recent action by the Biden administration on pay equity, GSA's response to inflation for Federal Supply Schedule contractors, and Assistant Attorney General Kenneth Polite's comments on DOJ's white collar enforcement.

Show notes

0:20 - Introduction and Overview

2:15 – Recent regulatory developments

17:00 - Federal Procurement Headlines

23:45 – Impact of the Russia Sanctions on U.S. Business

1:02:00 - Practical Wrap Up

1:03:00 - Credits and copyright

Headlines referenced in this episode

Ukraine-Russia Crisis: Trade Sanctions & Export Controls

Federal Acquisition Regulation: Amendments to the FAR Buy American Act Requirements

Defense Federal Acquisition Regulation Supplement: Postaward Debriefings (DFARS Case 2018-D009)

Proposed Amendments to the Agriculture Acquisition Regulation (AGAR)

Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency; White House, March 15, 2022;

Directive (DIR) 2022-01, Department of Labor Office of Federal Contract Compliance Programs, March 15, 2022

“AAG Polite: Support Compliance Now or Pay Later”; Bill Olver, PubKCompliance, April 1, 2022

Justice Department Announces Director for COVID-19 Fraud Enforcement; Department of Justice, March 10, 2022

Medical Services Contractor Pays $930,000 to Settle False Claims Act Allegations Relating to Medical Services Contracts at State Department and Air Force Facilities in Iraq and Afghanistan; Department of Justice, March 8, 2022

Temporary Moratorium on Enforcement of Certain Limitations Contained in Certain GSA Economic Price Adjustment (EPA) Contract Clauses; General Services Administration, March 17, 2022

Defense Federal Acquisition Regulation Supplement: Reauthorization and Improvement of Mentor-Protégé Program (DFARS Case 2020-D009); Federal Register, February 28, 2022

Defense Federal Acquisition Regulation Supplement: Revision of Definition of “Commercial Item” (DFARS Case 2018–D066); Federal Register, March 18, 2022

Ep 1.01: Wage Fixing and No-Poach Agreements Mar 02, 2022

In this first proper episode of Bona Fide Needs, Arnold & Porter Partner Mike McGill and PubKGroup Managing Editor Bill Olver cover a broad range of recent legal developments affecting government contractors.

Our primary feature this month is Mike’s in-depth discussion with Andre Geverola, head of Arnold & Porter's cartel investigations practice and former Director of Litigation for the Justice Department’s Antitrust Division, about DOJ's scrutiny of wage fixing and no-poach agreements in the defense industry. In our second feature, Bill speaks with Arnold & Porter partner Craig Margolis for a timely overview of the Department of Justice's False Claims Act recoveries for fiscal year 2021. Mike and Bill round out the episode with updates on the cases, regulations, and other developments relevant to federal contractors.

Show notes

0:30 - Introduction and Overview

4:00 - Federal Procurement Headlines

8:00 - FY2021 False Claims Act Recoveries

15:30 - DOJ Enforcement of No-Poach Agreements in Defense Industry

47:00 - Practical Wrap Up

56:00 - Credits and copyright

A&P FCA Qui Notes Blog

A&P Article “President Biden Orders a $15.00 Minimum Wage for Some Federal Contractor Employees Effective Next Year”

A&P Article “The Squeaky Wheel Gets Dismissed: GAO Reinforces the Need for Contractor Vigilance When Raising Pre-Award Issues With the Agency”

Executive Order on Use of Project Labor Agreements For Federal Construction Projects

President Biden Signs National Security Memorandum to Improve the Cybersecurity of National Security, Department of Defense, and Intelligence Community Systems