Alexander B. Hastings

Alex counsels government contractors on all aspects of working with government entities at the federal, state, and local levels. In this role, he advises on legal and compliance matters that impact clients’ businesses—from proposal submission through performance—including intellectual property, supply chain sourcing and prohibition, cybersecurity, small business status, and conflicts of interest matters. Alex counsels clients who hold classified contract portfolios on matters related to the National Industrial Security Program Operating Manual (NISPOM), including securing and maintaining facility and personnel security clearances.

Alex guides clients through the myriad compliance requirements that accompany sales to or collaborations with the US government, including those under the Federal Acquisition Regulation (FAR) as well as agency-level supplements such as the Defense Federal Acquisition Regulation Supplement (DFARS) and HHS Acquisition Regulation (HHSAR). He also routinely advises transaction teams on both the buy and sell sides involving government contractor due diligence reviews and transaction document negotiations.

Companies that pursue and perform nonprocurement contracts—including grants, Cooperative Research and Development Agreements (CRADAs), and Other Transaction Authority (OTA) agreements—seek out Alex for tactical guidance aligned to their business objectives. Alex advises them on protecting intellectual property and ensuring compliance with a host of regulatory requirements that accompany collaborations with the US government or federally funded research organizations.

Alex also maintains an active pro bono practice. He has represented veterans seeking upgrades to military discharge status before the US Air Force and US Army discharge review boards. He has also represented a housing tenant in record-sealing efforts and an Arizona death row inmate in postconviction relief proceedings.

Prior to joining Morgan Lewis, Alex was based for more than a decade in the Washington, DC office of another international law firm.

• Advised an American national security company in its acquisitions of multiple information technology companies
• Guided large and small companies concerning compliance requirements when launching a government contracting business with federal, state, and local agencies
• Advised defense contractors, commercial companies, and research organizations in the negotiation and performance of nontraditional agreements with the US government, including grants, CRADAs, and OTAs
• Advised energy companies in pursuit of loan guarantees from the US Department of Energy’s (DOE’s) Loan Program Office
• Represented utility and energy companies in pursuit of grants, cooperative agreements, and other non-traditional agreements with DOE components, including the Grid Deployment Office and Office of Clean Energy Demonstrations
• Advised several defense, technology, and energy companies on compliance with US government cybersecurity requirements, including implementation of forthcoming Cybersecurity Maturity Model Certification (CMMC) requirements
• Represented several pharmaceutical companies in assessing substantial domestic manufacturing obligations under the Bayh-Dole Act and obtaining waivers of such requirements
• Advised defense contractor regarding Foreign Ownership, Control or Influence (FOCI) mitigation matters in the context of a Defense Counterintelligence and Security Agency review of its facility security clearance
• Provided government contracts due diligence advice to a private equity firm in numerous transactions, including its acquisitions of multiple national security and technology companies
• Advised manager of national laboratory for several years in agreement with NASA
• Represented pharmaceutical manufacturers in assessing march-in risks under the Bayh-Dole Act and other efforts related to government price controls
• Advised companies regarding supply chain restrictions, including domestic sourcing requirements and semiconductor and telecommunications prohibitions in US government contracting
• Provided due diligence advice regarding intellectual property and government funding considerations to a multinational pharmaceutical company in its acquisition of a biopharmaceutical company
• Represented civilian and defense contractors in assessing compliance concerns under US government contracts, disclosing violations when necessary, and negotiating favorable outcomes
• Advised several multinational commercial companies in establishing a US government contracting business, including by creating an initial compliance structure and assisting with General Services Administration schedule contracting matters
• Represented manufacturers of components for US Department of Defense applications in compliance with MIL-SPEC requirements and subsequent investigation by the US Department of Justice