Bob Metzger, shareholder at Rogers Joseph O’Donnell, joins Off the Shelf this week and provides his incisive analysis and insights regarding the federal government’s cybersecurity framework. Metzger outlines the complex, ever-changing threat environment facing government and industry. From near peer adversaries to independent criminal elements, he frames the threat against the government’s ongoing program and regulatory cyber initiatives. Metzger analyzes the government’s underlying cyber strategy currently being implemented through procurement regulation, and he gives his take on the FAR’s cybersecurity regulations/clauses and the Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) program. Metzger also shares his thoughts regarding the impact of the cyber regulatory framework’s impact on small businesses and the government’s long term access to commercial innovation, and whether the government should move to a more “performance-based approach” to cybersecurity versus the current more prescriptive model outlined in a host of proposed rules.

This week on Off the Shelf, Alan Thomas, founder and chief strategist at Alpha Tango Strategies, examines the history of the eCommerce platform and shares his thoughts on the acquisition and policy history of the CPI as well as prospects for growth now that the eight follow on contracts have been awarded.  Thomas highlights the outreach role GSA has played and must continue to play to enhance opportunities for growth in customer agency usage., and he discusses the impact of GSA's new SaaS advance payment policy and what it means for customer agencies and industry. Thomas contrasts this new commercial-like payment policy with the current state of the federal acquisition regulation and the re-regulation of commercial item contracting.  Finally Thomas talks about the impact of regulatory burdens on competition and access to the commercial market.

This week Jason Miller, executive editor at Federal News Network, joins Off the Shelf, for a wide-ranging discussion of the policies, regulations, legislation, trends, and programs shaping the federal procurement market. Topics include the FAR at 40 years, the new part 40 of the FAR, GSA's commercial platform awards, GSA's new policy on SaaS and advance payments, the impact of CMMC on small business, new grant regulations, and the trends on DoD's PALT for task and delivery orders.

This week on Off the Shelf, Jason Workmaster from Miller Chevalier provides a legal and policy update for government contractors.  Topics include key provisions in the 2024 NDAA impacting procurement and the industrial base, the DFARS commercial item rule and regulatory creep, the impact of a recent federal circuit decision on EULAs and third party suppliers' ability to seek redress under a government contract. Workmaster also discusses the lessons learned and the impact of the CIO-SP4 bid protest decisions, and the split in bid protest case law (GAO vs. Court of Claims) on key personnel requirements.

This week's guest on Off the Shelf is Anthony Principi, principal in the Principi Group, and former secretary of Veterans Affairs in the President George W. Bush Administration.  His discussion with host Roger Waldron focuses on the evolving healthcare environment and the implications for the VA's mission.  Principi highlighted the advances in medical technologies, treatments, and protocols that have reduced the need for hospital beds and resulted in a VA medical infrastructure that is a mismatch due to its surplus number of hospitals and facilities. He also talked about efforts over the last 20 years to address the VA’s healthcare infrastructure taking into consideration the evolving healthcare environment. Principi outlined the critical role the VA healthcare system plays in our nation, including medical research, training, and serving as the national healthcare backstop in times of emergency. The conversation also included Principi’s thoughts on leadership and management, often drawing on key experiences during his time in government.  Finally, Principi highlights the noble mission of the VA in delivering critical healthcare to veterans.

Ken Dodds, vice president of Acquisition Policy at the Coalition for Government Procurement joins host Roger Waldron on this week's Off the Shelf for an in-depth discussion on the latest policy, contracting, and program developments impacting small businesses in the federal procurement market.   The discussion topics include the impact of the Ultima decision on small, disadvantaged businesses, the Forward Slope size appeal and the impact on Seaport NG, mentor-protégé joint venture experience litigation including the latest POLARIS decision, and NAICS code on orders under multiple award contracts. Dodds also address the ongoing focus on the NAICS for the NASA SEWP follow-on procurement and the potential waiver of the non-manufacturer rule.

This week’s guest on Off the Shelf is Jessica Tillipman, associate dean for Government Procurement Law & Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law & Policy at The George Washington University Law School.  The GWU Law School’s Government Procurement Law Program is considered the preeminent program of its type in the world. Professor Tillipman highlights the resources and opportunities to students focusing their legal studies on federal procurement law. She also discusses the positive role the program plays in the federal procurement community. She also shares her thoughts and analysis on a series of procurement issues, including bid protests, the so-called revolving door, and artificial intelligence as applied to procurement operations.  Other topics of discussion include the Supreme Court’s SuperValue civil false claims act decision, the role and purpose of debarment in federal procurement, and teaming in federal procurement.

Deborah Haywood, vice president, McKesson Medical-Surgical Government Solutions, joins Off the Shelf for a wide-ranging discussion of current trends in healthcare delivery and logistics, including the continued growth and evolution of telehealth.   There continues to be a lot of focus on supply chain resiliency both from the federal government and the private sector, and Haywood shares her thoughts and insights on the management keys to increasing supply chain resiliency. Haywood also discusses commercial best practices in logistics, eCommerce, and contracting that can increase access and delivery of healthcare. Finally, she outlines McKesson’s corporate commitment to supporting tribal healthcare, including mobile clinics offering a range of medical services that can help reduce the health access gap for Native Americans.

This week on Off the Shelf, Moshe Schwartz, president of Etherton & Associates, shares his insights and analysis of the key acquisition, supply chain, and industrial base provisions contained in the FY24 National Defense Authorization Act (NDAA).  Schwartz gives some background on the key factors shaping the NDAA, with a particular focus on the Congressional concerns regarding the growing capabilities of near-peer adversaries and the overall threat profile.  He highlights the Congressional focus on revitalizing the industrial base and ensuring the integrity, resiliency, and capabilities of the supply chain that supports DoD and civilian agencies, and provides insights on the fiscal profile including the impact of continuing resolutions and the top-line budget numbers.  Finally, Schwartz gives an update on a series of other key provisions that will impact procurement.

This week on Off the Shelf, Bill Gormley, president of the Gormley Group, provides the latest update on the Federal Acquisition Service (FAS), including his thoughts on the FAS reorganization and what it means for customer agencies, GSA, and industry.  Gormley also shares the latest operational trends in the Multiple Award Schedule (MAS) program, including key contracting trends shaping the market (e.g., EPA processing,, TDR expansion, and price evaluation procedures).  He also discusses the implementation of key policy guidance for the program and its impact on contractors and customer agencies.

Greg Giddens, co-founder and partner at Potomac Ridge Consulting, joins Off the Shelf for a discussion of the key procurement trends at the Department of Veterans Affairs (the VA).  Giddens discusses the VA’s IT and supply chain modernization efforts, including the agency's embrace of best value methodologies, including use of statement of objectives and performance-based contracting. He also highlights the progress the VA has made in the Med/Surg Prime Vendor program. A former senior executive at the VA, Giddens shares his thoughts on the unique challenges facing the VA logistics and procurement systems, including the use of credit cards for open market purchases. Turning to government-wide topics, Giddens provides his insights on the Contractor Performance Assessment Reporting System (CPARS), providing recommendations on what contractors need to pay attention to when working through performance evaluations.

Larry Allen, president of Allen Federal Business Partners, joins Off the Shelf for a review of some of the key procurement events of 2023.   Allen highlights the Federal Acquisition Service (FAS) reorganization and its impact on FAS operations and explains the potential positive impact on customer agencies and contractors through the restructuring of the management structure to eliminate regional stovepipes and enhance customer focus.  He also discusses the slow march towards Transactional Data Reporting and the updating of pricing policies for the Multiple Award Schedule program.  The Office of Management and Budget’s (OMB’s) Better Contracting Initiative was launched in the Fall and Allen provides his sense of the where it is headed and what it means for the procurement community. Finally Allen will talk about the current state of play in the IT GWAC and major IDIQ contracting world, including the growth in protests and the implications of the impending follow-on procurements.

Townsend Bourne, partner at Sheppard Mullin, joins Off the Shelf for an examination of a series of cyber policies, regulations, and certifications that are in various stages of government review and/or public comment.  Bourne provides her insights on many of the key cyber policies and programs that will impact government and industry, and gives her thoughts on FedRAMP modernization and the draft OMB memo laying the vision for future operations.  She also shares key takeaways for contractors regarding Software Bill of Materials (SBOMs) and the proposed software attestation form. The impending release of DoD’s Cybersecurity Maturity Model Certification (CMMC) and what it means for government and industry is another focus of discussion.  Bourne analyzes two proposed FAR cybersecurity FAR clauses, Cyber Threat and Incident Reporting and Information Sharing and Standardizing Cybersecurity Requirements for Unclassified Federal Information Systems.  Finally, she discusses the challenge and imperative of coordination and rationalization of cybersecurity requirements across for the Federal government.

This week Brian Conrad, acting FedRAMP director and program manager for Cybersecurity, joins host Roger Waldron on this week's Off the Shelf, to give an update on The Federal Risk and Authorization Management Program (FedRAMP).  Conrad outlines the cloud cybersecurity mission and structure of FedRAMP, and addresses the impact and changes reflected in the FY 2023 statutory authorization (the FedRAMP Act) and what it means for stakeholders across government and industry. He also discusses the progress to date in processing ATOs as well as the scope of the cloud market with FedRAMP authorizations. Finally Conrad looks to the future of FedRAMP and enhancements in capability and the role of the Federal Security Cloud Advisory Committee.

Jason Miller, executive editor of Federal News Network, joins Off the Shelf for a wide-ranging discussion of the procurement news of the day. Miller shares his thoughts and analysis of key procurements like the Department of Veterans Affairs' recent VA TGN2 awards and POLARIS. He also outlines the history of VA TGN2, and the current post award prospects for debriefings and their implications.  Miller also discusses the recent POLARIS protest and what it means for the procurement moving forward.  Finally Miller talks about DISA’s recent industry day and what he and industry learned about DISA’s reorganization, acquisition changes, and business accomplishments.

This week on Off the Shelf, David Black, partner at Holland & Knight, Ken Dodds, vice president and GovCon Industry Expert at Live Oak Bank, and Jon William, partner at PilieroMazza, provide an update on key small business policy, regulatory, and legal trends shaping the federal market.  Topics include the impact and federal response to the Ultima decision, the GAO-Court of Federal Claims bid protest split on the evaluation of mentor-protégé past performance, SBA changes to the non-manufacturer rule, FAR proposed rules on size/status recertification on multiple award contracts and the DoD and SBA guidance on joint venture facility security clearances.  The discussion also focuses on cybersecurity and what small business should focus on for compliance success, and provides insights and analysis that will assist small businesses in better understanding the rules of the road to success in the federal market.

This week on Off the Shelf, host Roger Waldron interviews Deloitte Managing Director Roger Sion, leader of the Enterprise Contract Vehicle G0-to-Market team in Deloitte’s Government & Public Services Sales Excellence organization. Sion shares his insights regarding the state of the interagency contracting market. He highlights the current role the portfolio IT GWACs and governmentwide professional services contract vehicles are playing in supporting customer agencies and providing opportunities for small, medium, and large businesses. The discussion then turns to evaluation strategies and the transition from traditional best value cost/technical tradeoff to the current self-assessment point scoring model. Sion contrasts the two models and highlights how the point scoring approach increases opportunity and reduces acquisition costs and lead times. Finally Sion also shares his thoughts on the role effective communication plays in the acquisition system.

This week's Off the Shelf is dedicated to cainine-assisted warrior therapy and the impact assistance dogs have on veterans suffering from physical limitations and/or Post Traumatic Stress Disorder (PTSD).    Paws for Purple Hearts is a non-profit organization dedicated to training assistance dogs for placement with individual veterans or veterans care facilities.  On this week's show, Danielle Stockbridge, Virginia Site Manager for Paws for Purple Hearts, explains what canine-assisted warrior therapy is and how it helps veterans. She shares the Paws for Purple Hearts story, outlining its founding, growth, and impact on veterans, and discusses how the dogs are trained and placed with veterans training. It takes approximately two and a half years to train a dog for placement.  Finally Stockbridge walks us through the placement vetting process for pairing a veteran with an assistance dog.   To learn more about Paws for Purple Hearts or to contribute to the organization, go to: https://www.pawsforpurplehearts.org. Paws for Purple Hearts Combined Federal Campaign (CFC) number is #43093.

Alex Canizares, partner at Perkins Coie, joins Off the Shelf for a discussion of the evolving cybersecurity framework and what it means for government contractors. Cybersecurity has become a foundational performance requirement for government contractors. In a wide-ranging discussion Canizares first addresses the cybersecurity basics starting with what is controlled unclassified information and moving on to discuss the basics of NIST 800-171, the standard FAR based safeguarding clause, and the DFARS clauses. He also provides some historical context, discussing the role of Executive Order 14028 (May 2021) and the White House National Cybersecurity Strategy (March 2023).  Canizares highlights the government’s keen focus on cybersecurity compliance, pointing to the Department of Justice’s (DOJ’s) Civil Cyber-Frand Initiative.  DOJ’s Civil Cyber-Fraud Initiative brings the Civil False Claims Act (FCA) front and center as an enforcement tool for cybersecurity compliance in government contracts.  Finally Canizares outlines the risks to government contractors and shares best practices for mitigating those risks, and provides his thoughts and analysis of two new proposed FAR rules addressing cybersecurity and reporting:  The cyber incident and information sharing Standardizing cybersecurity requirements for unclassified federal information.

This week on Off the Shelf, Bill Greenwalt, visiting fellow at the American Enterprise Institute, and Moshe Schwartz, president of Etherton and Associates, discuss the national security threats and how the Department of Defense (DoD) is responding to deliver the capabilities to meet the challenges facing our nation.   Greenwalt and Schwartz discuss the DoD ‘s changing mindset, focusing on contested logistics, speed of innovation, data driven decision making to improve operations and cybersecurity.   They also highlight what DoD is doing in the contracting world to deliver capabilities, including DOD’s increased use of contracting flexibilities including leveraging the Defense Production Act to invest in long term production capabilities.  Finally Greenwalt and Schwartz give their thoughts on DoD’s IT Modernization and the role of Artificial Intelligence in supporting the mission. They also discuss the health of the Defense Industrial Base and the critical importance of accessing innovation from both traditional and non-traditional firms. At is core, discussion centers on the need to the time to bring capability to the field to meet national security challenges now and in the future.