Off the Shelf Federal News Network | Hubbard Radio

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.   

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.

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.  

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.