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.

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

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)

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

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?

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

Show Notes

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

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 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

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