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: 

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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. 

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This week on Off the Shelf, Tim Cook, executive director of the Center for Procurement Advocacy (CPA) and Tom Sisti, counsel for the CPA and executive vice president of the Coalition for Government Procurement (CGP) give a Congressional update, outlining the key timelines and milestones for funding the government as we approach the end of the fiscal year.

They also discuss the latest on the process and timelines for the National Defense Authorization Act along with highlight some of the key provisions.  

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This week on Off the Shelf, Sonny Hashmi, Federal Acquisition Service (FAS) Commissioner, provides an update on the state of FAS, including outlining the ongoing realignment of the organization. Hashmi addresses the new organizational approach breaking down stove pipes to better respond to customer agency needs and industry partner engagement. 

He also discusses the latest on implementation of Transactional Data Reporting (TDR) across the Multiple Award Schedule (MAS) and what industry partners can expect. IT Modernization if a high priority for FAS and Hashmi talks about some key initiatives, including the progress being made to towards the launch of the FAS Catalog Platform. 

Hashnmi gives an update on buy.gsa.gov, which was launched in 2022 and employs human-centered design to support customer agencies acquisition planning and market research, and he shares some little know tidbits about FAS and the unique role it plays in supporting the federal government.   

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Mark Fox, director of Federal Sales at Amazon Business, joins Off the Shelf this week for a discussion on procurement transformation, e-commerce, and the role data management can and does play in supporting the federal mission.

Fox shares his insights on the critical role data transparency and management play in transforming supply chains and the procurement functions. The ability to collect and analyze data on strategic sourcing, transactions, and suppliers will drive organizational efficiencies through more predictive and proactive procurement and supply chain management.

He also highlights opportunities to embrace enhanced data transparency to identify and credit current customer agency purchasing from small businesses.

Finally Fox explains how leveraging data will assist customer agencies in understanding their buying patterns and market conditions to optimize procurement outcomes.

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This week on Off the Shelf, Bill Gormley, president of the Gormley Group, provides an update on the MAS program, including processing Economic Price Adjustments (EPA) and other modifications.

Along these lines, Gormley shares the latest on the handling of price negotiations across the MAS program. He also discusses where the federal market is heading regarding purchasing channels, access to the commercial market and the role of data management in procurement. 

Finally, Gormley highlights some key takeaways for the fourth quarter buying season and the importance of having in place contracts like the MAS program.    

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This week on Off the Shelf, Tom Voshell, vice president, Federal Program Office at Coupa Software provides his insights and analysis regarding data management and cyber security with a focus on the Department of Defense’s upcoming release and implementation of an updated version of its Cybersecurity Maturity Model Certification (CMMC 2.0).

Voshell discusses the underlying DFARs provisions and NIST 800-171 standard and controlled unclassified information (CUI). He lays out the process, applicability and management considerations for contractors and subcontractors who will be subject to CMMC.

Voshell also gives his thoughts on the new software attestation form, the recently released DHS cybersecurity regulations, and FedRAMP.

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This week Peter Hutt, partner at Covington & Burling LLP, joins Off the Shelf for an in-depth discussion of the False Claims Act, including the basics of the law and its impact in the government contracts market.

Hutt lays out the history of the law, including liability standards, potential damages and penalties, and the role of qui tam plaintiffs/relators.

Each year DOJ releases key statistics on the FCA and Hutt highlights key trends in enforcement activity found in the data. Over the last year there has been an increase in activity but a reduction in recoveries. Hutt notes the types of cases he is seeing and the current priorities of the DOJ.

Durin g the interview, Hutt also analyzes two recent Supreme Court cases: U.S. ex rel Schutte V. Supervalu (Supervalu) and U.S. ex rel Polansky v Executive Health Resources (Polansky). Supervalu is significant, holding that the scienter standard refers to a defendant’s contemporaneous knowledge and subjective beliefs, not what an objectively reasonable person may have believed. Polansky addresses the timing and ability of DOJ to intervene in a qui tam and then seek dismissal.

Hutt unpacks both decisions, providing clear, concise analysis on what contractors need to know and what the decisions mean for the future.

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This week on Off the Shelf, Larry Allen, president of Allen Federal Business Partners, gives his thoughts, observations, and insights on a host of procurement hot topics.

Allen discusses the long winding road of Transactional Data Reporting (TDR) implementation across the Multiple Award Schedule (MAS) program.

He talks about the prospects for GSA’s IT GWACs (Polaris and Alliant) and OASIS+, and analyzes the impact of the recent Court of Claims Polaris bid protest decision limiting the application of “Section 876” to multiple award IDIQ contracts, including the MAS program.

Allen also discusses NASA SEWP and the development of and expanded scope of work for the follow-on procurement, and he shares his keys to fourth quarter success in the federal market.

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Jason Miller, executive editor of Federal News Network, joins Off the Shelf for a wide-ranging discussion of the key procurement events/trends over the first half of 2023.

Miller discusses the current state of transactional data reporting and the slow roll towards implementation, and shares his thoughts on the impact of the Polaris bid protest decision limiting the use of Section 876 for “unpriced contracts” the focus on competition at the task order level.

Miller also talks about the interaction between DoD and Congress in developing/drafting the NDAA—with positive outlook regarding the engagement between the two branches of government.

He also discusses the recent “60 Minutes” segment focusing on DoD procurement and pricing.

Finally Miller provides additional context on the highly complex, multi-faceted defense procurement system and its impact on competition and pricing.

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