Off the Shelf

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 discussesthe 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.