Morrison Foerster’s Government Contracts Insights provides our in-depth analysis of developments and trends impacting government contracting. Through Insights, our attorneys offer a real-time assessment of the statutory, regulatory, legal, and business-related developments and trends that are shaping the industry. We also examine a full array of non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.Morrison Foerster’s nationally recognized Government Contracts and Public Procurement practice represents the world’s leading companies in the aerospace and defense, intelligence, cybersecurity, information technology, financial and professional services, education, healthcare, infrastructure, and logistics support sectors. We are enlisted to address our clients’ most complex and important legal issues. Our work includes contract and subcontract negotiation and other transactional matters, business and regulatory compliance counseling, internal investigations, bid protests, and a wide array of enforcement and litigation matters. Our clients range from Fortune 50 companies to small and medium-sized companies just entering the public sector. We advise both U.S. and non-U.S. companies involved in municipal, state, federal, and non-U.S. procurement matters.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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GAO Protest Timeline

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Govcon GAO Post Award Protest Timeline Article

Contract Disputes Act Claim Timeline

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The Bayh-Dole Act

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Anatomy of a Protest

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Allowability of Legal Costs

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Procurement Integrity Act

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Tina is Co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. She represents a wide variety of government contractors including information technology, defense, biotechnology, and pharmaceutical companies, with a focus on general contract counseling and compliance, particularly concerning intellectual property, and cybersecurity matters and federal grant funding.Tina counsels contractors on compliance with federal, state and local acquisition and ethics regulations and with the evolving myriad of requirements pertaining to data security and cybersecurity. She has been involved with numerous internal investigations and compliance reviews, and with mandatory and voluntary disclosures to agencies, and litigation of False Claims Act matters.Tina routinely advises clients concerning:<ul><li>Prime-subcontractor relationships</li><li>Sources of supply and country of origin requirements</li><li>Price reductions and price reporting issues</li><li>Organizational conflicts of interest</li><li>Safeguarding of intellectual property and other proprietary interests</li><li>Licensing and data rights issues</li><li>Handling of classified materials and controlled unclassified information</li><li>Agency suspension and debarment proceedings</li></ul>She also assists clients with due diligence and other activities related to the acquisition of government contracting concerns, and with the drafting and negotiation of teaming agreements, subcontracts, licensing agreements, and cooperative research and development agreements. She also assists clients applying for federal grants (including SBIR and STTR agreements), and those who seek to obtain other transactional authority agreements, as well as those competing for state and local government work.Tina’s litigation experience includes government contracts claims litigation in federal courts and before boards of contract appeals, bid protests before the Government Accountability Office and the Court of Federal Claims, and complex disputes in federal courts, including civil fraud and False Claims Act litigation and reverse Freedom of Information Act litigation.Prior to joining Morrison Foerster, Tina worked at another large national firm and as a trial attorney in the Office of the General Counsel of the Navy, Navy Litigation Office.<h4>Representative Experience</h4><ul><li>Negotiation of largest CHIPS Act federal funding agreement between multinational semiconductor corporation and U.S. Department of Commerce.</li><li>Negotiated prime contract and major subcontracts related to the Department of Energy’s next generation supercomputer program, including extensive IP rights negotiations and negotiation of associated patent rights waivers.</li><li>Negotiated series of other transaction authority agreements with DARPA and associated subcontracts with more than a dozen research universities on behalf of a firm biotech client, including complex IP rights allocations and material transfer agreements.</li><li>Assist clients with FedRAMP authorization process and with development of license agreements for software products sold to federal, state and local government agencies.</li><li>Cyber incident response counseling to some of the largest companies and organizations impacted by security incidents.</li><li>Advises clients on Bayh-Dole reporting of inventions and IP strategies for contracts and grants.</li><li>Conducts due diligence for major government contract mergers and acquisitions.</li></ul>

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Our government contracts and procurement attorneys counsel businesses on legal and compliance issues encountered when doing business with government entities.

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Tina is co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. She counsels a wide variety of government contractors on compliance with federal acquisition and ethics regulations. She drafts and negotiates contracts on their behalf and has been involved with numerous internal investigations and compliance reviews, and with bid protest, contract claims, and False Claims Act litigation. She also advises on M&A transactions involving government contractors.

Tina D. Reynolds

Jim Tucker is of counsel in Morrison Foerster’s Government Contracts and Public Procurement Practice Group and is based in the firm’s Washington, D.C. office.Jim’s practice runs the gamut of litigation and counseling in federal procurement matters, with an emphasis on bid protests, Cost Accounting Standards disputes, and small business matters. He has represented both protesters and awardees in scores of protests before the Government Accountability Office, the Court of Federal Claims, and procuring agencies, in acquisitions ranging from small business procurements to multibillion-dollar contracts of global significance. His representative protest matters span the aerospace sector, the Intelligence Community, base operations and logistics, healthcare, nuclear and environmental work, and information technology and software acquisitions. His protests have included both classified and unclassified programs. In addition to prevailing in published decisions, Jim has also secured favorable corrective action on behalf of clients in a wide variety of protests that were resolved without a published decision.Jim’s work also focuses on disputes over cost allowability and compliance with the Cost Accounting Standards, and he has appeared before the Armed Services and Civilian Boards of Contract Appeals, in size and status protests before Small Business Administration (SBA) area offices, and appeals before the SBA Office of Hearings and Appeals. Jim regularly counsels clients on contract interpretation, organizational conflicts of interest, and small business compliance.Jim graduated with high honors from the George Washington University Law School, where he focused his studies on federal procurement law, was a member of the Law Review, and interned with the General Services Administration’s suspension and debarment office. Jim also holds a degree in theology magna cum laude from the Pontifical Gregorian University in Rome and a bachelor’s degree in classical languages and literature summa cum laude from the University of Kentucky, where he graduated Phi Beta Kappa.

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Jim maintains an active practice in bid protests before the Government Accountability Office and contracting agencies and counsels clients in contract disputes and compliance obligations.

Jim Tucker is of counsel in Morrison Foerster’s Government Contracts and Public Procurement Practice Group and is based in the firm’s Washington, D.C. office. Jim’s practice runs the gamut of litigation and counseling in federal procurement matters, with an emphasis on bid protests, Cost Accounting Standards disputes, and small business matters.

James Tucker

<div style="margin-bottom: 15px;" class="videoWrapper"><iframe class="sticky-video" title="Meet Alex Ward, Government Contracts Practice Co-Chair" src="https://www.youtube-nocookie.com/embed/TkliwdSlTaQ?rel=0" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen="1" title="iframe"></iframe></div>J. Alex Ward is co-chair of Morrison Foerster’s Government Contracts and Public Procurement group. His practice covers a full range of government contracts matters, including investigations, bid protests, claims, general litigation, corporate transactions, and counseling. Alex strives in all matters is to provide his clients the highest level of efficient and effective representation.Alex represents contractors in internal and external investigations, disclosures to the government, and qui tam litigation, with great success in reducing or eliminating his clients’ exposure through active engagement with the government. His work in this area includes obtaining numerous declinations and dismissals of False Claims Act cases in their earliest stages, sparing his clients the cost, risk, and exposure of litigation.He has also served as lead counsel in dozens of bid protests involving military and civilian agency procurements of a wide range of products and services, including all manner of pre- and post-award protests in the GAO, the U.S. Court of Federal Claims, and state tribunals, as well as appeals to the U.S. Court of Appeals for the Federal Circuit and size protest appeals before the SBA’s Office of Hearings and Appeals.Alex handles all aspects of the claims process, from the initial assessment and drafting of requests for equitable adjustment through litigation in the Boards of Contract Appeals and the Court of Federal Claims. Alex’s practice also covers the full gamut of other controversies confronting government contractors, including prime-sub, teaming partner, employer-employee, competitor, and indemnification disputes. His litigation work also includes a wide variety of pro bono engagements, in which he has represented both individual and institutional clients in matters ranging from immigration and criminal defense to sustainable procurement and protection of the environment.Prior to joining the firm, Alex served in the U.S. Army as a commissioned officer and an Assistant to the General Counsel of the Army responsible for civil works and international matters, and as a clerk for judges on the U.S. Courts of Appeals for the Armed Forces and the D.C. Circuit. He is a member of the Boards of the Morrison & Foerster Foundation and the Chesapeake Bay Foundation and of Law360’s Government Contracts Editorial Board.

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Alex is co-chair of Morrison Foerster’s Government Contracts and Public Procurement practice. His practice covers a full range of government contracts matters, including bid protests, claims, investigations, corporate transactions, and counseling.

J. Alex Ward

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Morrison Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.Read about our <a href="http://govcon.mofo.com/editors/">Authors</a>.Never miss a post. Subscribe to get real-time updates.

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James A. Tucker

Telesto: Another Call For Clarity In Other Transactions Protest Jurisdiction

Strengthening the American Drone Industrial Base

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

Trump Issues Executive Order on Cybersecurity Rolling Back Some Prior Policies and Introducing New Ones

GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

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The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to the warfighter.<a href="#_ftn1">[1]</a> This is not a departure from any recent administration, but yet another acceleration of a common trend. Perhaps the most familiar and well‑demonstrated such pathway is DoD’s Other Transactions (OTs) for prototyping projects and follow‑on production efforts. In the last decade, DoD’s use of that authority has steadily grown from a few hundred OTs and less than $1 billion in obligations in FY15<a href="#_ftn2">[2]</a> to more than 5,000 OTs and $15.5 billion in FY23.<a href="#_ftn3">[3]</a> Early reports for FY24 indicate nearly $18 billion in OT obligations.<a href="#_ftn4">[4]</a>Defense contractors need to be armed with reliable legal resources as they navigate this relatively new and evolving legal landscape. That is why we are compiling here our DoD OTs Desk Reference, with an infographic answering common questions and links to our many writings on the rules and risks of contracting through OTs. Bear in mind, although these references often focus on DoD Prototype OTs, several non-DoD agencies—including NASA, NIH, BARDA, DHS, TSA, and others—have some form of other transaction authority of their own. These agencies issue a variety of other transaction agreements (OTAs) that are likewise exempt from procurement laws and regulations, but are not subject to the same eligibility or other legal requirements of DoD Prototype OTs. <div data-reactroot=""><img class="rich-text-embed-image" alt="Other transactions at a glance" src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt2bf1c4469e957df8/67b4ea3d495942e653d0e19c/250214-dod-other-transactions-ots-desk-reference.jpg?format=auto&amp;quality=60"/></div>References:<a href="/topics/other-transaction-ot-bid-protests-a-call-for-clarity-and-consistency" target="_self">Other Transaction (OT) Bid Protests: A Call for Clarity and Consistency</a><a href="/topics/dod-dusts-off-other-transactions-ot-regulations" target="_self">DoD Dusts Off Other Transactions (OT) Regulations</a><a href="/topics/court-of-federal-claims-potentially-expands-its-other-transaction-ot-bid-protest-jurisdiction" target="_self">Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction</a><a href="/topics/gao-opens-the-door-to-certain-other-transaction-bid-protests" target="_self">Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?</a><a href="/topics/dod-issues-updated-other-transactions-ot-guide" target="_self">DoD Issues Updated Other Transactions (OT) Guide</a><a href="/topics/another-piece-to-the-puzzle-court-of-federal-claims-has-jurisdiction-over-bid-protest-where-the-disputed-other-transaction-could-lead-to-a-follow-on-production-contract" target="_self">Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction Over Bid Protest Where the Disputed Other Transaction Could Lead to a Follow-On Production Contract</a><a href="https://www.mofo.com/resources/insights/211015-new-contractor-insights" target="_blank">New Contractor Insights on ‘Other Transaction’ Bid Protests</a><a href="/topics/where-can-you-protest-an-other-transaction-award-insights-from-kinemetrics" target="_self">Where Can You Protest an Other Transaction Award? Insights from Kinemetrics</a><a href="/topics/congress-dod-encourage-use-of-other-transaction-authority-in-response-to-covid-19" target="_self">Congress, DoD Encourage Use of Other Transaction Authority in Response to COVID-19</a><a href="/topics/dods-other-transactions-data-rights-intellectual-property-simplified" target="_self">DoD’s Other Transactions: Data Rights & Intellectual Property Simplified</a><a href="#_ftnref1">[1]</a> See, e.g., Pete Hegseth, Opening Statement, Secretary of Defense Nomination Hearing, Senate Armed Services Committee (Jan. 14, 2025), available at <a href="https://www.armed-services.senate.gov/imo/media/doc/hegseth_opening_statement.pdf">https://www.armed-services.senate.gov/imo/media/doc/hegseth_opening_statement.pdf</a>.<a href="#_ftnref2">[2]</a> See Rhys McCormick, Ctr. for Strategic & Int’l Studies, Department of Defense Other Transaction Authority Trends 2 (Dec. 2020)<a href="#_ftnref3">[3]</a>See <a href="https://oldcc.gov/sites/default/files/resources/OT%20General%20Presentation%20%28July%202024%29.pdf">https://oldcc.gov/sites/default/files/resources/OT%20General%20Presentation%20%28July%202024%29.pdf</a>.<a href="#_ftnref4">[4]</a> See <a href="https://www.acq.osd.mil/asda/dpc/cp/policy/docs/newsletters/2024/Policy_Pulse_Newsletter_(Nov_2024).pdf">https://www.acq.osd.mil/asda/dpc/cp/policy/docs/newsletters/2024/Policy_Pulse_Newsletter_(Nov_2024).pdf</a>.

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Locke Bell is a partner in the firm’s Government Contracts & Public Procurement practice.

Locke Bell

Tina is a partner in Morrison & Foerster’s Government Contracts practice. She represents a wide variety of government contractors including information technology, defense, biotechnology, and pharmace

Tina Reynolds

Anser Advisory

ARKA

Arlington Capital

Battle Investment Group

Behrman Capital

Cadmus

Chainalysis

CollabraLink

Definitive Logic

Emmes

Enlightenment Capital

Grant Thornton

Griffon Corporation

eTelligent

L3Harris

Jacobs

LinQuest Corporation

Micross

Sagewind

Sedgwick

Sigma Defense

teKnoluxion

The Building People

VariQ

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Damien is a partner in the firm’s Government Contracts & Public Procurement practice. He represents clients in all facets of government contracts transactions, as well as regulatory counseling, subcon

Damien Specht

Damien C. Specht

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DoD Other Transactions (OTs) Desk Reference

Federal Procurement

Resources

The Paycheck Protection Program (PPP), which is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that allow potentially the entire loan amount to be forgiven if the proceeds are spent on payroll and other qualifying expenses.  This infographic provides an overview of the issues borrowers must analyze, and documents to gather, when preparing their loan forgiveness applications.<a href="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt8df99a05bfba0894/627318d3a1a1dd2aa9f6cad2/08_28_govcon_pppforgiveness300dpi_v2-scaled.jpg?format=auto&quality=60" target="_blank"><img border="none" alt=" PPP Loan Forgiveness Checklist" src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt8df99a05bfba0894/627318d3a1a1dd2aa9f6cad2/08_28_govcon_pppforgiveness300dpi_v2-scaled.jpg?format=auto&quality=60" title="Click to enlarge" class="img-responsive" type="asset" sys-style-type="download"></a>

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Associate

Ali Young is an associate in the Government Contracts practice in Morrison Foerster’s Washington, D.C. office.

Alissandra Young McCann

Ali Young is an associate in the Government Contracts practice in Morrison Foerster’s Washington, D.C. office.

Alissandra McCann

PPP Loan Forgiveness Checklist

The Paycheck Protection Program (PPP), which is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides aid to qualifying small busines

PPP Loan Forgiveness Checklist

Small Business

Coronavirus

The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims.  Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a step-by-step timeline of a typical COFC protest from filing through public decision.<div class="embedded-entry redactor-component block-entry" type="entry" data-sys-entry-uid="blta2c3bf507b191daa" data-sys-entry-locale="en-us" data-sys-content-type-uid="image_content" sys-style-type="block"><div data-reactroot=""><img src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt3673427b158bccaf/6605c9094d880a6bfed2e303/2017-09-08-26-54-03_27-govcon-federalclaimsprotest_highres-2.jpg?format=auto&amp;quality=60" alt="Anatomy of a Protest"></div></div>

Anatomy of a Protest at the U.S. Court of Federal Claims

The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims.  Although protests at the Court are not subject to the s

Anatomy of a Protest at the U.S. Court of Federal Claims

Protests & Litigation

The next in our Infographics series walks through the allowability of costs for certain in-house legal services.  It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government.<div data-reactroot=""><img src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/bltcb217fe33095ed4c/65f9cbcc039fdda5f4338b2e/03_13-govcon_allowabilityoflegalcosts_final_highres-2.jpg?format=auto&amp;quality=60" alt="Allowability of Legal Costs"/></div>

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services.  It provides a quick guide to when a contractor

Compliance

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government.  This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP, and the potential consequences of not following these rules.<div class="embedded-entry redactor-component block-entry" type="entry" data-sys-entry-uid="blt14e829bc2f540a75" data-sys-entry-locale="en-us" data-sys-content-type-uid="image_content" sys-style-type="block"><div data-reactroot=""><img src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt4087d3d0103c3bd8/6605ce383110d08011067b80/210625-govcon-bayh-dole.jpg?format=auto&amp;quality=60" alt="The Bayh-Dole Act"></div></div>

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The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government.  This info

Cybersecurity & Data Privacy

The next in our “Timeline” series of infographics focuses on the Contract Disputes Act, 41 U.S.C. §§ 7101, et seq. (“CDA”).  It provides a graphical overview of a CDA claim from start to finish.<div data-reactroot=""><img src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt25ed3c2e16f61272/643724adc29b521140117728/161107-timeline-contract-disputes.jpg?format=auto&amp;quality=60" alt="TIMELINE OF A CONTRACT DISPUTES ACT CLAIM"/></div>

Timeline of a Contract Disputes Act Claim

The next in our “Timeline” series of infographics focuses on the Contract Disputes Act, 41 U.S.C. §§ 7101, et seq. (“CDA”).  It provides a graphical overview of a CDA claim from start to finish.

Timeline of a Contract Disputes Act Claim

We're excited to announce a new series of infographics on our Government Contracts Insights blog. These infographics will highlight key trends and tips for companies in the government contracting community. Our first infographic focuses on the GAO Post-Award Protest Timeline, providing an in-depth timeline from Day 1 to Day 100 along with tips to navigate the timeline most effectively.<div data-reactroot=""><img src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt0b36c52374b19b5d/6605d3fe1e8523509e737a64/gao-protest-timeline_infographic_resized1.jpg?format=auto&amp;quality=60" alt="Gao Post-Award Protest"/></div><div class="embedded-entry redactor-component block-entry" type="entry" data-sys-entry-uid="blt124bc48c192e371c" data-sys-entry-locale="en-us" data-sys-content-type-uid="image_content" sys-style-type="block"><div data-reactroot=""><a class="link link--dark-blue" href="/topics/welcome-government-contracts-insights"><img src="https://media2.mofo.com/v3/images/blt5775cc69c999c255/blt71ac41a518799b96/627317ea5f7b601eaaebd026/gov-con-feature-image_(1)1.jpg?format=auto&amp;quality=60" alt="Welcome to the Government Contracts Insights Blog"></a></div></div>

GAO Post-Award Protest Timeline

We're excited to announce a new series of infographics on our Government Contracts Insights blog. These infographics will highlight key trends and tips for comp