Off the Shelf

This week on Off the Shelf, Jason Workmaster, member and Government Contracts Practice lead at Miller & Chevalier, provides a wide-ranging update on key policy developments and legal trends in government contracts. 

Workmaster discusses the impact of the administration’s EEO/DEI Executive Order (EO) and what government contractors need to know, including how compliance programs will need to adjust.  He notes that the EO guidance includes a new certification requirement that will raise potential Civil False Claims Act liability for government contractors. 

Workmaster also talks about the new proposed organizational conflict of interest FAR rule, and he looks into his crystal ball and highlights the possibility that the new Congress may repeal some final rules issued by the Biden Administration pursuant to the Congressional Review Act.  It will be a question of timing and Congressional workload as to whether some final rules

are repealed. 

Finally, Jason briefs the Federal Circuit’s ACLR  decision regarding the adequacy of commercial record-keeping practices in the context of a claim.     

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Eric Crusius, partner at Holland & Knight, joins Off the Shelffor a cybersecurity update as well as providing his procurement expectations for the Trump Administration. 

Crusius discusses the likelihood of CMMC remaining intact and moving forward with implementation across DoD. 

He also provides his initial comments/analysis on the recently

proposed Controlled Unclassified Information (CUI) rule, highlighting key

considerations for contractors. 

Turning to what to expect from the Trump Administration, Crusius shares his thoughts on Administration priorities and how they may impact/influence procurement operations. 

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This week on Off the Shelf  Alex Canizares, partner at Perkins Coie, shares his thoughts regarding False Claims Act landscape for 2025, including the anticipated priorities of the Department of Justice in 2025. 

Canizares also discusses the recent status of the legal challenge to the

constitutionality of the FCA’s qui tam provisions. 

He also addresses recent cybersecurity policy developments, including CMMC and CUI. 

Finally, Alex shares his thoughts and insights regarding the major government

contract policy trends and case law developments. 

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Bill Gormley, president of the Gormley Group, joins Off the

Shelf for a discussion of some the key procurement trends of 2024 and what to

expect in 2025. 

Gormley gives his thoughts on the key trends shaping interagency contracting

with a focus on GSA’s Federal Acquisition Service (FAS).

Among other topics, Gormley assesses the performance of the Federal Supply Schedules (FSS) in 2024 and the prospects for 2025.   In his assessment, Gormley outlines

how the FAS systems, organizational structure, and contracting workforce impact

customer agencies and contractors in the FSS marketplace.   

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This week Dr. Evan Loh, Paratek CEO, returns to Off the

Shelf to share the latest in the biopharmaceutical company’s partnership with

the Biomedical Advanced Research and Development Authority’s (BARDA’s) 

Project BioShield. 

Paratek’s antibiotic, NUZYRA (omadacycline) has been

designated “an essential” medicine by the FDA, and Loh provides an update

on the progress made in onshoring of manufacturing of NUZYRA, from the

production of API through finished drug product for both IV and oral

formulations. 

Loh shares the journey to domestic manufacturing, highlighting the critical role Paratek’s public-private partnership with BARDA played in developing manufacturing capability.

Antimicrobial resistance (AMR) along with biological threat actors are continuing and growing threat and Loh discusses the current environment and the key policy considerations in

combatting these and other healthcare threats. 

Finally, Loh talks about the potential that the results from the successful development of treatments through public-partnerships have the potential to be leveraged to support/protect

the warfighter.    

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This week Alan Thomas, founder of Alpha Tango Strategies,

joins Off the Shelf for a look back at 2024 and a look forward at what’s next

for 2025. 

Thomas provides his thoughts on some of the key trends from 2024

and what to look for in 2025. 

Among the trends he identifies for 2025 are the return of shared services, the continuous yet cautious growth in AI across government, the challenging IT GWAC landscape, small business policy and programs, and the potential impact of changes at the Office of Management and

Budget.

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Karla Smith Jackson, senior procurement executive, deputy chief acquisition officer, and assistant administrator for the Office of Procurement at the National Aeronautics and Space Administration (NASA), joins Off the Shelf for an engaging discussion focusing on federal procurement policy and operations.

Jackson outlines her management priorities for NASA procurement while also sharing how her experiences over a 30-year career have shaped her approach to acquisition policy development. 

She also highlights the “care and feeding” of the acquisition workforce, outlining her philosophy and approach to strengthening the professional development across the NASA procurement workforce.  

Finally, Jackson gives her thoughts on the keys to effective leadership.  

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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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