Experience Details

GOVERNMENT CONTRACTS

Cost Accounting and Recovery

As a government contracts lawyer, Mr. Bouquet has extensive experience helping clients to solve problems associated with compliance with the government contract cost accounting and recovery regulations. His prior experience as a government contractor and his MBA provide an important context for his work with these regulations. As a result, he has a thorough appreciation for the business implications of these regulations. His experience with the regulations includes work on issues involving:

Mr. Bouquet is frequently involved in analyses and communications concerning clients’ compliance with cost accounting and recovery rules. For example, he has:

Compliance Program Development and Implementation

Mr. Bouquet has worked extensively with new and existing government contractors on the development and implementation of comprehensive and pro-active government contracts compliance programs. In particular, he has analyzed compliance requirements and drafted reports with recommended compliance program development activities. In addition, he has drafted or assisted in drafting numerous policy and procedural documents in support of client compliance programs. These documents have covered topics such as:

Mr. Bouquet has also conducted training on the following topics:

Internal Investigations

Mr. Bouquet has been involved with internal investigations constantly throughout his career as a government contracts lawyer. He is typically involved with investigation of concerns or allegations of overcharging based on non-compliant cost accounting or contract pricing practices. To these investigations, he brings a wealth of knowledge and experience as a businessman and government contracts lawyer. Indeed, in his career, he has helped defend companies against allegations of overcharging the government in excess of $100 million Mr. Bouquet’s work on internal investigations typically involves one or more of the following activities:

These investigations typically involve analysis of whether the company has violated one or more of the major statutes:

In connection with these investigations, Mr. Bouquet was frequently called upon to perform legal research and analysis. These efforts included comprehensive research and analysis of the case law interpreting the civil False Claims Act.

Contract Formation

Mr. Bouquet’s prior service as Director of Government Operations for a government contractor informs his legal work in the contract formation phase. As a government contractor, he was responsible for all the aspects of the proposal submission process and gained a full appreciation of the many challenges and opportunities associated with the submission of a proposal to the government. As a government contracts lawyer, he has served on a number of client proposal teams. In this capacity, he helps clients to comply with the numerous laws and regulations governing submission of proposals for government contracts and thereby to reduce their exposure to the legal risks associated with such proposals. In addition, he helps clients submit proposals that are responsive to the government’s requirements.

Particular issues he has addressed in the contract formation phase of the government contracting process include:

In certain procurements, agencies may invite offers to propose either a FAR based contract or an Other Transaction Agreement (OTA), which is a more flexible instrument not subject to the FAR. Mr. Bouquet’s contract formation experience includes significant work helping companies make the case to an agency for use of an OTA. In addition, he has significant experience with the negotiation of such agreements, especially the intellectual property provisions.

Claims

In his career in government contracts law, Mr. Bouquet has drafted over $50 million in contract claims. His claims development efforts involve thorough fact finding concerning changes made to the contract. He then prepares comprehensive analyses of client entitlement under the governing contractual provisions, the case law interpreting these provisions and the quantum of the claim. He uses these analyses to prepare powerful claim narratives advocating his clients’ positions. In addition, he frequently gets involved in the negotiations of resolution of the claims. His experience with claims includes the following types of claims:

Intellectual Property Protections

A constant theme of Mr. Bouquet’s counseling of companies in connection with their government contracts is the importance of following Federal Acquisition Regulation procedures concerning protection of company intellectual property. As mentioned above, he has extensive experience working with intellectual property issues and clauses in the contract formation phase. In addition, he:

Small Business Programs

Mr. Bouquet’s experience with small business contracting programs of the federal government centers on relationships between small companies and large companies. Under the Small Business Administration’s rules, if such relationships rise to the level of “affiliation”, the small business may no longer be eligible for government contracting procurement preferences. Typically, Mr. Bouquet is called upon to analyze the nature of the relationship and prepare an opinion concerning whether it rises to the level of affiliation. If it does, he makes recommendations concerning how to restructure the relationship so that it does not rise to this level. His analyses have covered whether affiliation existed based upon:

Subcontracts and Teaming Agreements

Mr. Bouquet has extensive experience drafting subcontracts and teaming agreements pertaining to government contracts. His work on teaming agreements typically involves drafting to promote his clients’ business objectives and to avoid case law that makes bid and proposal costs incurred under teaming agreements unallowable. His work on subcontracts typically involves one or more of the following:

Bid Protests

Mr. Bouquet has significant experience filing and litigating bid protests at the GAO.  Indeed, while at McKenna, Long & Aldridge, he worked on protests in a variety of industries and procurements.  In addition, since opening his law office, he has worked on a number of protests, including protests of information technology support services, information systems development and aircraft maintenance procurements.

Litigation Support

Mr. Bouquet has significant experience in providing support to litigations involving government contracts issues. His experience includes:

In these cases, he has engaged in extensive factual discovery and analysis including taking and defending depositions of government and contractor personnel.

Other Government Contracts Experience

Mr. Bouquet also has experience in other areas of government contracts law. For example:

COMMERCIAL CONTRACTS

As mentioned above in connection with his experience with subcontracts and teaming agreements, Mr. Bouquet has reviewed and participated in the drafting of standard commercial terms. Essentially, aside from the flow down of government contracts terms, these subcontracts are commercial contracts. Like any other commercial contract, they are subject to state law. As part of his work on these contracts, he has been involved in issues such as: