Off the Shelf

This week Michael Gruden, counsel at Crowell & Moring, joins Off the Shelf, for a wide-ranging discussion focusing on cybersecurity and the CMMC journey. 

Gruden provides a cyber retrospective, outlining the evolution of government cybersecurity requirements to the present-day implementation of CMMC. A former contracting officer and Pentagon Branch Chief, Gruden shares his perspectives and insights on the key contracting considerations surrounding cybersecurity compliance. 

He also discusses the notable changes in the CMMC program outlined in the final rule along with the key features of the proposed DFARS rule that would implement CMMC in applicable defense contracts. 

Finally, Gruden discusses the legal risks associated with CMMC and then provides some compliance best practices for addressing those risks. 

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Luke Levasseur and Evan Williams, counsel at Mayer Brown, join Off the Shelf for an in depth discussion of the bid protest process. 

Levasseur and Williams outline the underlying authority and rationale for bid process and the role the process plays in the procurement process. They walk through the procedural steps of a GAO bid protest, sharing the key litigation timelines, standards of review, document production requirements, and the administrative procedures for reviewing and commenting on the agency record.

 In addition, Levasseur and Williams provide their insights on the “dos and don’ts” of the litigation process, including common mistakes protesters make when challenging an agency award decision. They also cover the Court of Claims bid protest process, highlight the procedural, jurisdictional, and precedential differences between the Court and GAO.

Finally, Levasseur and Williams share the strategic considerations for a protester when choosing whether to go to GAO or the Court, including the relative success numbers.  

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This week on Off the Shelf, Alan Thomas, founder of Alpha Tango Strategies, examines the state of interagency contracting and the role of Multiple Award Indefinite Delivery Indefinite Quantity (MAIDIQ) contracts.  

Thomas shares his thoughts and observations on the increasingly duplicative structure of the IT GWACs and OASIS+. With potentially hundreds, if not thousands of contractors, all competing for the same or similar requirements across each of the major IT GWACs, many in the procurement community are increasingly concerned regarding the impact on customer agencies and the industrial base. 

Thomas outlines some of the key considerations/impacts on customer agencies, small businesses, and the commercial IT industrial base. He also discusses the future of GSA’s e-commerce contract vehicle and the potential opportunities for GSA, customer agencies and contractors. 

Finally, Thomas addresses the ongoing systems modernization efforts at FAS and what it could mean schedule contractors and customer agencies. 

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This week on Off the Shelf, Ken Dodds, executive vice president and general counsel at the Coalition for Government Procurement provides a small business policy and regulatory update.

Dodds tackles the SBA’s August 2024 proposed rule, which addresses multiple small business contracting programs, including mentor protégé joint ventures, the HUBZone program, and the 8(a) program. He also provides analysis of recent administrative and court decisions impacting the mentor protégé program.

Continuing the discussion, Dodds shares the latest on how the government is doing regarding small business contracting, including recent changes to certain socio-economic goals. Finally, he discusses the workings of the non-manufacturer rule and offers his initial thoughts on the potential application of the rule of two to MAIDIQ contacts. 

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Jeff Koses, senior procurement executive at the General Services Administration (GSA) joins Off the Shelf for a focused discussion on GSA’s current procurement policy priorities.

Koses talks about the implementation and expansion of Transactional Data Reporting (TDR) across the Federal Supply Schedules (FSS) program. He highlights the positive impact on small businesses, customer agencies, and GSA through the management, evaluation, and use of the data to enhance competition, value, and security.

Koses also discusses GSA’s efforts in supporting the acquisition workforce both within GSA and across government.

Finallly Koses shares his thoughts on the potential role of Artificial Intelligence (AI) in federal procurement. He discusses the potential uses of AI in procurement operations and the key considerations in the procurement of AI. The opportunities and challenges of AI will be the focus of a new GSA advisory committee on AI.

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Federal News Network Executive Editor Jason Miller joins host Roger Waldron on this week's Off the Shelf for “Procurement Potpourri,” a wide-ranging discussion of key procurement policy and program developments across the federal market.

They tackle the state of interagency contracting focusing on the status of the four major interagency procurements: OASIS+, CIO-SP4, NASA SEWP, and Alliant 3.  The discussion highlighted the role of the Office of Federal Procurement Policy has played in establishing and overseeing the IT GWACs and whether enough is currently being done. 

Miller also shares his thoughts on the ever-growing cybersecurity regulatory regime, including CMMC, and the need for cyber harmonization.  

Finally Miller talks about a new SBA report on the mentor-protégé program. 

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Tony Celeste, Head of Ingram Micro Public Sector LLC and Promark Technology Inc., joins Off the Shelf for a wide-ranging discussion of significant trends shaping the federal IT market. 

Celeste offers his thoughts on digital transformation and best practices agencies and contractors can leverage towards IT modernization. 

He also addresses the role of AI and virtual reality in supporting federal IT mission requirements, including how agencies can effectively leverage these rapidly evolving capabilities in support of mission requirements. 

Celeste also shares his observations on the diverge between government unique requirements and the commercial market and what it means for competition, pricing, and innovation. 

Finally, Celeste discusses opportunities for small business and the critical role they play in the federal market.  

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This week Al Montoya, the Veterans Health Administration’s (VHA’s) acting under secretary for Health for Support, and Spencer Roberts, executive director for Logistics at VHA, join Off the Shelf for a briefing highlighting the VHA’s key strategic priorities.

Montoya and Roberts outline VHA’s strategic efforts in bringing more veterans to the VA and ensuring those veterans receive best in class benefits, care, and support programs.

Montoya shares how The Sergeant First Class Heath Robinson Promise to Address Comprehensive Toxics (PACT) Act has increased veteran enrollment by expanding eligibility for VA healthcare for veterans with toxic exposures and veterans of the Vietnam era, Gulf War era, and Post 9/11 erRoga.

Roberts discusses VHA’s key procurement and logistics developments, including the new MSPV contract vehicle, the focus on supply chain resiliency, and the VHA’s recent logistics conference.

Montoya also highlights the growing strategic partnership with the Defense Healthcare Agency (DHA) whereby VHA and DHA are sharing resources in markets across the country to deliver care to veterans.

Finally, both guests share how, as veterans themselves and customers of the VHA, their personal experiences have helped inform their leadership at the VHA.

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Joy Sturm, partner at Hogan Lovells, joins Off the Shelf for a briefing on the proposed BIOSECURE Act that would reshape biotechnology supply chains serving the federal government.

The proposed legislation would prohibit the federal government from contracting with certain Chinese “companies of concern.”  The prohibition would cover contracts, grants, and subcontractors.

Sturm provides context on the goals for the legislation and outlines the key provisions and how they would impact federal contracts, agencies, and contractors. She addresses the proposed legislation’s key definitions, contracting restrictions, scope of coverage, and implementation timelines. Importantly, Sturm also addresses how companies should prepare for the BIOSCURE Act requirements.

The discussion concludes with thoughts on the prospects for the proposed BIOSECURE Act over the reminder of the Congressional year.

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Steve Schooner, Jeffery & Martha Kohn associate dean for Academic Affairs and Nash & Cibinic professor of Government Procurement Law at The George Washington University Law School, joines Off the Shelf for a wide-ranging discussion focusing on green acquisition and the role of sustainability policy in the federal procurement market.

Schooner recently received the Coalition for Government Procurement’s Sustainability – Green Excellence Award for his thought leadership on the nexus between federal procurement and sustainability. He outlines key initiatives and policy developments advancing green acquisition in the federal market. He also compares federal green procurement with efforts at the state level and internationally.

Finally Schooner discusses his most recent book recommendation, Craig Whitlock’s Fat Leonard: How One Man Bribed, Bilked and Seduced the U.S. Navy. The book tells the remarkable story of a wide-ranging procurement scandal. It is a cautionary tale of susceptibility, lack of accountability, and individual and organization ethical lapses.

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