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.   

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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.  

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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.  

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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.

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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.   

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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.  

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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.  

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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.    

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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.  

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