Off the Shelf

The Gormley Group’s Sean Nulty and Andrew Sisti join host Roger Waldron on this week's Off the Shelf for a deep dive into current trends shaping the contract negotiations and administration under GSA’s Multiple Award Schedule (MAS) program.Nulty is a managing consultant and director of DC Operations & Training, and Sisti is a principal consultant and GSA Systems Subject Matter Expert for the Gormley Group.Both are subject matter experts on the MAS pricing policies and procedures. They share insights on the latest involving GSA use of pricing data, including the role and impact of Transactional Data Reporting (TDR), and outline current negotiation trends for options, modifications, and new offers.They also address how GSA is using horizontal pricing comparisons and automate pricing tools in negotiations. Finally, Nulty and Sisti discuss the role of automated systems and data analytics in the management of MAS contracts, from pricing analysis to Trade Agreements Compliance. GSA is increasingly looking to systems to make decision for contracting officers.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This week on Off the Shelf, Moshe Schwartz, president of Etherton and Associates, examines the economic, technological, and geopolitical trends that are shaping the federal market. Schwartz highlights the accelerating strategic competition among major powers which is reflected in current federal procurement and budget priorities. In this context, the fields of AI and biotechnology are rapidly advancing and are an increasing focus for the federal government. Schwartz also provides an update on federal government spending for FY2024 along with the latest on FY2025 budget requests. The show also focuses on the shrinking industrial base and what it means for the customer agency mission support. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This week’s guest on Off the Shelf is Tim Keeler, partner, and co-head of the International Trade team at Mayer Brown. The Committee on Foreign Investment in the United States (CFIUS) plays a critical national security role regarding the industrial base. Keeler details the inter-agency structure, purpose, and scope of CFIUS, and explains the process and criteria whereby CFIUS reviews certain covered transactions involving foreign investments in the nation’s industrial base that raise national security concerns. Keeler talks about the key considerations and practices for potential mergers and/or acquisitions involving foreign investors, and he shares key trends in the CFIUS decision-making process. Finally, Keeler provides his thoughts on key trends in international trade and trade agreements. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This week on Off the Shelf , Jonathan Aronie, partner at Sheppard Mullin, updates his leukemia journey since his last year’s appearance on the show. He is now back to work full-time and as such the conversation quickly turns to key trends in investigations and audits. Aronie outlines the spectrum of “reviews, investigations, and audits” that are part of doing business with the federal government. He continues with his analysis of the oversight spectrum by outlining the key features associated risks for contractors when dealing with GSA’s Industrial Operations Analyst (IOA) reviews, audits, and investigations.As part of a wide-ranging discussion, Aronie shares best practices and key considerations for contractors dealing with investigations and audits. Among other topics, Jonathan gives his thoughts on the role contractor self-initiated internal reviews/investigations can have in mitigating risk. Finally, the discussion concludes with a focus on how of GSA’s legislative proposal addressing “best value” in the federal supply schedules will increase competition, leverage commercial innovation, and deliver enhanced mission support to customer agencies. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This week on Off the Shelf, Townsend Bourne, partner at Sheppard Mullin, shares her insights regarding the Cybersecurity and Infrastructure Security Agency’s (CISA’s) proposed rule implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). At over 400 pages, the proposed CIRCIA rule is a daunting read. Bourne breaks down the rule identifying the key aspects and corresponding impacts for those covered entities. She discusses the 16 critical infrastructure sectors covered and the corresponding number of private firms that will be subject to the rule, noting that defense infrastructure sector will now be subject to overlapping reporting requirements (CIRCIA and the DFARS/FAR cyber incident reporting requirements).Bourne also outlines what “cyber incidents” are to be reported, walking through the key tests for reporting .Finally, she details the mechanics and key features of the reporting process and contrasts the CIRCIA rule with the proposed FAR cyber incident reporting rule. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Jeff Koses, senior procurement executive at the General Services Administration, joins host Roger Waldron on this week's Off the Shelf to give an update on GSA’s key acquisition policy priorities,See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Brian Friel, co-founder of BD Squared, joins host Roger Waldron on this week's Off the Shelf for a wide-ranging update on the leading governmentwide, Best-in-Class IDIQ contract programs.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Jonathan Aronie, partner at Sheppard Mullin, joins host Roger Waldron on this week's Off the Shelf, for a reflective and personal conversation. He shares stories and thoughts about his six-month journey battling acute leukemia.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Charlotte Phelan, assistant commissioner of the, Office of Enterprise Strategy Management at GSA’s Federal Acquisition Service, joins host Roger Waldron on this week's Off the Shelf for a discussion of the role, responsibilities, and priorities of her office in supporting FAS’s government-wide contracting programs.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

This week on Off the Shelf, host Roger Waldron leads a wide ranging discussion of the key technologies, including wearables, artificial intelligence, and machine learning that can be used to monitor and enhance warfighter performance.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Robin Bourne, Subject Matter Expert, Federal Acquisition at the Gormley Group joins host Roger Waldron on this week's Off the Shelf to give an update on GSA’s Multiple Award Schedule (MAS) program.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Joanne Woytek, program manager of NASA SEWP, joins host Roger Waldron to give an update on NASA SEWP V over the last fiscal year and provides her outlook for the second half of FY23.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Tiffany Hixon, assistant commissioner for the Professional Services and Human Capital Category at the Federal Acquisition Service, joins host Roger Waldron on this week's Off the Shelf to discuss Professional Services Category procurement trends.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Members of the Booz Allen Hamilton Pacific Leadership team join host Roger Waldron on this week's Off the Shelf for a wide-ranging discussion of the company's services and support across the Indo-Pacific region.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Bill Gormley, president of the Gormley Group, gives an update on inflation's impact on contracting, with a focus on the challenges facing MAS contractors.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Tim Cook, executive director of the Center for Procurement Advocacy, and Tom Sisti, executive vice president and general counsel of the Coalition for Government Procurement, join host Roger Waldron on this week's Off the Shelf to discuss the key trends and takeaways from the FY23 National Defense Authorization Act.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Jason Workmaster, a member at Miller & Chevalier, joins host Roger Waldron on this week's Off the Shelf to discuss the key provisions in the 2023 NDAA and how they impact government contractors. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Federal News Network Executive Editor Jason Miller takes a look back at the key procurement events and trends of 2022, and what's ahead in 2023.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Brian Friel, Co-Founder of BD Squared, LLC, joins host Roger Waldron on this week's Off the Shelf for a wide-ranging discussion of the federal procurement market, including the impending re-competes of major governmentwide contract vehicles. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Larry Allen, president of Allen Federal Business Partners, joins host Roger Waldron on this week's Off the Shelf to discuss how federal procurement is being impacted by a cavalcade of current and proposed contract compliance requirements.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Gormley Group President Bill Gormley joins host Roger Waldron on this week's Off the Shelf to discuss transactional data reporting, eCommerce and the government-industry dialogue at the Coalition for Government Procurement’s recent fall training conference.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Tim Cook, executive director of the Center for Procurement Advocacy (CPA) and Tom Sisti, vice president, and general counsel of the Coalition for Government Procurement discuss key developments in acquisition policy programs.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.