The Federal Acquisition Regulation requires federal Contracting Officers (“COs”) to “ensure that contractors receive impartial, fair and equitable treatment.” This requirement is fundamental to our procurement system. COs have vast powers to make determinations and findings that can adversely affect the finances of contractors. When COs treat contractors unfairly, the private sector tends to lose faith in the government as a customer. As a result, excellent companies will stop offering needed products and services to the government or will include in the price of their government contracts appropriate contingencies to account for the risks and costs of such inequities. In either case, the taxpayers lose. In my thirty years of practicing government contracts law, I have encountered some COs who, with the support of agency lawyers, will take the time to focus on disputed issues and partner with my clients to develop a fair solution that is in the long-term best interests of the taxpayers and the contractor. However, in too many cases, I have seen COs who do not take this approach, leading to contract disputes. Fortunately, there are a number of ways contractors can prevent such disputes.

Co-authored with Gillian M. Fenton

Published in Les Nouvelles, the journal of the Licensing Executives Society International (LESI), June 2024

The Bayh-Dole Act (“Bayh-Dole” or the “Act”) governs the licensing of federally funded and federally owned inventions. A key requirement, referred to as the “Domestic Manufacturing Requirement”, is that the licensing of such inventions to private sector entities should benefit U.S. industry, specifically by requiring manufacture of products that embody or are made through such inventions “substantially in the United States”. Unfortunately, the plain language of the Act and its implementing regulations does not provide any definition or other guidance on what if any threshold should be exceeded in order for manufacturing to be deemed “substantially in the United States.” Further, the legislative history is only minimally helpful in the interpretation of the language and, as of the writing of this article, there are no published decisions providing guidance on the proper interpretation of this language. This article proposes that, in the absence of a specific binding statutory regulatory, or judicial definition, it is appropriate to look to analogous US government acquisition statutes and their implementing regulations for a workable definition.

Co-authored with Gillian M. Fenton 

Published in Les Nouvelles, the journal of the Licensing Executives Society International (LESI), June 2024

The Bayh-Dole Act (“Bayh-Dole” or the “Act”) governs the licensing of federally funded and federally owned inventions. A key requirement, referred to as the “Domestic Manufacturing Requirement” is that licenses of such inventions to private sector entities should benefit U.S. industry, specifically by requiring manufacture of products that embody or are made through such inventions “substantially in the United States”. If an invention will not be “manufactured substantially in the United States” a waiver must be sought. The Act and its implementing regulations provide two grounds for agencies to grant waivers: (1) if the applicant demonstrates that “reasonable but unsuccessful efforts have been made to grant licenses to potential licensees that would be likely to manufacture substantially in the United States,” or (2) “if domestic manufacture is not commercially feasible.” Waiver requests must granularly address the grounds for the waiver, why a waiver is necessary under the specific circumstances, and why the grant of a waiver would advance the agency’s mission and the policy behind the Act.  

Engaging with Mr. Bouquet is a strategic move toward success for businesses looking to navigate the intricacies of government contracts. The Law Office of Christopher C. Bouquet, PLLC, invites you to discuss your requirements with him and learn how his legal expertise can benefit your company’s government contracting endeavors.

The Law Office of Christopher C. Bouquet, PLLC, is renowned for its specialization in government contract law. Mr. Bouquet’s law office provides comprehensive specialized support to government contractors and other companies seeking to obtain government contracts. His expertise encompasses a wide range of sub-specialties within the field, including contract formation, cost accounting and recovery, compliance programs, intellectual property protections and subcontracts and teaming agreements.

Mr. Bouquet’s practice extends to clients throughout the United States and internationally in diverse industries. His keen understanding of the nuanced requirements of government contracts law allows his clients to achieve and maintain compliance while strategically positioning themselves for success.

Christopher C. Bouquet is an experienced lawyer with a business background, offering a unique blend of skills to his clientele. His transition from a successful businessman to an accomplished government contracts lawyer gives him a deep understanding of both the legal and commercial aspects of government contracting. 

Learn more about attorney Christopher C. Bouquet’s areas of specialization.