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Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security

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Software companies that sell commercial software products to federal agencies soon must begin attesting to their compliance with guidance designed to enhance the security of the software supply chain. 

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Software companies that sell commercial software products to federal agencies soon must begin attesting to their compliance with guidance designed to enhance the security of the software supply chain. Under a new White House Office of Management and Budget (OMB) <a href="https://www.whitehouse.gov/wp-content/uploads/2022/09/M-22-18.pdf">memorandum</a> issued September 14, federal agencies must require software “producers” (i.e., the developers of software) to confirm their compliance with specific guidance created by the National Institutes of Standards and Technology (NIST). The OMB memorandum implements the software supply chain enhancements first suggested under Executive Order (EO) 14028, Improving the Nation’s Cybersecurity, on which we’ve previously <a href="https://govcon.mofo.com/topics/210601-executive-order-on-cybersecurity">commented</a>. Read the <a href="https://govcon.mofo.com/topics/companies-selling-software-to-the-u-s-government-soon-must-attest-to-compliance-with-nist-guidance-on-software-supply-chain-security" target="_blank">full blog post</a>.

Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security

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Tina Reynolds is 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, as well as research organizations and universities, with a focus on general contract counseling and compliance, intellectual property and cybersecurity matters, federal grant funding, and state and local government contracting matters.Tina routinely advises clients on:<ul><li>Contract negotiations and prime-subcontractor relationships</li><li>Sources of supply and country of origin requirements</li><li>Organizational conflicts of interest and other ethics considerations</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>Freedom of Information and Public Records Act requests</li></ul>She also conducts due diligence and other activities related to the acquisition of government contracting concerns, and drafts and negotiates teaming agreements, subcontracts, licensing agreements, and cooperative research and development agreements, Small Business Innovative Research (“SBIR”) and Small Business Technology Transfer Program (“STTR”) agreements, and other transaction authority (“OTA”) agreements.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 U.S. Department of the Navy, Office of the General Counsel, Navy Litigation Office.<h4>Recent Representative Experience</h4><ul><li>Negotiated the largest CHIPS Act federal funding agreement between a multinational semiconductor corporation and the U.S. Department of Commerce. </li><li>Negotiated a prime contract and major subcontracts related to the Department of Energy’s next generation supercomputer program, including extensive IP rights and associated patent rights waivers. </li><li>Negotiated a 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>Assisting clients with the FedRAMP authorization process and the development of license agreements for software products sold to federal, state, and local government agencies. </li><li>Providing cyber incident response counseling to some of the largest companies and organizations impacted by security incidents, many involving nation state threat actors. </li><li>Advising clients on Bayh-Dole reporting of inventions and IP strategies for contracts and grants. </li><li>Conducting due diligence for major government contract mergers and acquisitions, including, for example, Salesforce’s $8 billion acquisition of Informatica and Palo Alto Networks’ $25 billion acquisition of CyberArk. </li><li>Advising clients on litigation strategy for False Claims Act matters, including those being handled by the U.S. Department of Justice (DOJ) cyber fraud initiative.</li></ul>

Tina Reynolds

Partner

Markus Speidel is an associate in Morrison Foerster’s Government Contracts & Public Procurement Group, in Washington, D.C. Markus assists clients across a wide range of contract matters, including contract claims and disputes, bid protests, compliance counseling, and investigations.Markus has litigated pre- and post-award bid protests before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), and federal agencies. He has represented clients before the Armed Services Board of Contract Appeals (ASBCA), helped clients prepare requests for equitable adjustment (REAs) and certified claims, and assisted in resolving prime-subcontractor disputes across a diverse range of industries, including aerospace, defense, intelligence, cybersecurity, and telecommunications.   Markus has experience supporting clients’ internal and external investigations into Procurement Integrity Act and revolving door concerns. His practice also involves counseling clients on various compliance and regulatory issues, including Contractor Performance Assessment Reporting System (CPARS), the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, Small Business Innovation Research (SBIR) funds, and intellectual property rights. Markus speaks on and regularly writes about domestic preference requirements and cybersecurity.Markus graduated from the University of Washington, with a B.S. in biology and a B.A. in history and science. He received his J.D. from The George Washington University Law School, where he was awarded the Murray J. Schooner Scholarship for Government Procurement Law. During law school, Markus worked as a law clerk with the firm’s Government Contracts Group and as a research assistant to the Nash & Cibinic Professor of Government Contract Law, Steven Schooner. Prior to practicing law, Markus taught high school science, including AP physics and chemistry. He earned a Ph.D. in education from the University of Hawaii. Markus is admitted to practice in Washington, D.C.

Markus Speidel

Associate

Government Contracts + Public Procurement

Government Contracts Insights