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House’s Passage of the SAMOSA Act Signals Policy Shift Towards Government-Wide Enterprise Software Licensing

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On December 4, 2024, the House passed the Strengthening Agency Management and Oversight of Software Assets (SAMOSA) Act, a bipartisan bill that is now before the Senate. 

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On December 4, 2024, the House passed the Strengthening Agency Management and Oversight of Software Assets (SAMOSA) Act, a bipartisan bill that is now before the Senate. Under the SAMOSA Act, federal agencies are directed to assess their current software inventory and management of contracts and software licenses. Agencies then must develop plans to consolidate their software licenses and adopt enterprise license agreements. If the Act passes in the Senate, agencies will have to identify categories of software to prioritize for enterprise licenses and develop mitigation strategies to reduce software license restrictions. The Act also calls for agencies to train their employees in negotiating options within contracts to minimize restrictive license provisions and distinguishing between acquiring commercial software and custom software.  Read the <a href="https://govcon.mofo.com/topics/house-s-passage-of-the-samosa-act-signals-policy-shift-towards-government-wide-enterprise-software-licensing" target="_blank">full blog post</a>.

House’s Passage of the SAMOSA Act Signals Policy Shift Towards Government-Wide Enterprise Software Licensing

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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>

Tina D. Reynolds

Partner

Locke is a partner in MoFo’s Government Contracts & Public Procurement practice. He has been recognized by Chambers USA for his “proficiency across the government contracts space,” with sources commending his deep experience in Intellectual Property and Data Rights.Locke counsels clients across industries through the full lifecycle of delivering technology and licensing software to U.S. federal, state, and local governments, and performing government-funded R&D through contracts, grants, cooperative agreements, and other vehicles such as other transactions (OTs/OTAs), cooperative research and development agreements (CRADAs), and the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. He provides strategic advice for asserting, protecting, and enforcing patents, data rights, and other intellectual property under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS) and the Bayh-Dole Act, before statutory agencies such as NASA and the Department of Energy, and in engagements with OT consortia, federal laboratories, and federally funded research and development centers (FFRDCs). He is a skilled negotiator of commercial and noncommercial licensing agreements, contracts and subcontracts, joint venture agreements, and teaming agreements. As a litigator, Locke represents clients in bid protests, complex contract claims, data rights challenges, patent and copyright infringement suits under 28 U.S. Code §1498, trade secrets misappropriation and reverse-FOIA disputes, and civil fraud and qui tam actions under the False Claims Act. Locke also regularly advises large and small businesses, private equity firms, and entrepreneurs on the complex government contracting and IP-related issues they face in M&A and other transactional matters.Locke has repeatedly been “Recommended for Government Contracts” by The Legal 500, and in 2024 he was ranked “Up and Coming” in Government Contracts by Chambers USA. He has also been recognized as a Rising Star by Law360 and the National Law Journal.Locke is a professorial lecturer in law at the George Washington University Law School, where he teaches Government Procurement of Intellectual Property. He is a current vice-chair and former co-chair of the Intellectual Property Committee for the American Bar Association Public Contract Law Section. Locke holds a B.S. in mechanical engineering from the University of Virginia and formerly was a patent examiner for the U.S. Patent and Trademark Office. He earned his J.D. with honors from the George Washington University Law School, where he received the Patricia A. Tobin Government Contracts Award. Locke clerked for Judge Mary Ellen Coster Williams at the U.S. Court of Federal Claims.

Locke Bell

Thomas Lee is an associate in Morrison Foerster’s Washington, D.C. office and a member of the firm’s Government Contracts & Public Procurement Group.Before joining the firm, Thomas clerked for the Honorable Thompson M. Dietz at the U.S. Court of Federal Claims. He also served as a summer law clerk at the U.S. Civilian Board of Contract Appeals.Thomas earned his J.D. with a concentration in government procurement from the George Washington University Law School. He was a managing editor of The George Washington Law Review and was a member of the Government Contracts Student Association. Prior to law school, he received his M.A. in English from Georgetown University and his B.A. from the University of Colorado at Boulder.

Thomas Lee

Associate

Government Contracts + Public Procurement

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