May 10, 2016
Why You Need a Great Government Contracts Attorney: A Discussion with Steven Koprince
Source: GovBizConnect, Shannon, March 22, 2016
When you’re a small government contractor, some business activities you can bootstrap and some you can’t. One area where you can’t afford to skimp on is legal counsel. At its core, contracting with the federal government is a complex legal exercise with its own vernacular, laws, and regulations. Large federal contractors have Law Departments dedicated to negotiating, drafting, executing contracts and managing legal risk. While small government contractors don’t require dedicated Law Departments, they do require a great attorney with expertise in government contracts.
We recently had the opportunity to connect with Steven Koprince, Managing Partner of Koprince Law, LLC, a law firm specializing in small government contractors, and publisher of the very popular government contracting blog, SmallGovCon. Steven is a major thought leader in the government contracting community. This is Part I of our discussion with him.
GovBizConnect: The founders of many small government contractors are subject matter experts in their respective field or discipline but they are generally not attorneys. Why is it so important for a small government contractor to establish a relationship with a trusted government contracts attorney?
Koprince: Government contracts law is unique, highly complex, and always-evolving. And in some ways, it’s even tougher being a small government contractor because small businesses have to contend with laws and regulations—like the SBA’s small business rules—that don’t apply to the big boys. Call me biased (because I am), but I think that trying to be your own government contracts lawyer is short-sighted and can put a contractor at serious risk of non-compliance. When a company operates in a highly regulated industry like federal government contracting, targeted legal assistance is a must. READ MORE….
Contact your nearest PTAC if you have questions about government contracts attorneys.
We recently had the opportunity to connect with Steven Koprince, Managing Partner of Koprince Law, LLC, a law firm specializing in small government contractors, and publisher of the very popular government contracting blog, SmallGovCon. Steven is a major thought leader in the government contracting community. This is Part II of our discussion with him. You can read Part I here.
GovBizConnect: How should small business owners think about the relationship between non-disclosure agreements (NDA), teaming agreements, and subcontracts?
Koprince: To me, the non-disclosure agreement is the starting point. In my view, it’s wise to sign a NDA before having any substantive discussions in which either party would disclose confidential information. And if a prospective teammate insists on a unilateral NDA—one that only protects their information—I look at that as a big red flag. There is no good reason, in most cases, to only protect one side’s information.
I view a teaming agreement as a “chasing the contract” document. A good teaming agreement sets forth how the parties will jointly pursue a federal opportunity as a prospective prime contractor and subcontractor. I’ve warned contractors to be careful of some of the standard teaming agreements floating around out there, which may not be enforceable in all jurisdictions. For example, in 2013, a federal Court in Virginia found that a teaming agreement—which, from what I could tell, was fairly standard—was an unenforceable “agreement to agree.” My mindset with teaming agreements is three-fold: advance the client’s interests, demonstrate compliance with applicable law (such as the limitations on subcontracting), and ensure that the agreement is enforceable.
Contact your nearest PTAC if you have questions about government contracts attorneys.
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For help with Government Contracting: contact your nearest Procurement Technical Assistance Center (PTAC). Funded through Cooperative Agreements between the U.S. Department of Defense and state and local governments/institutions, PTACs provide free and low-cost assistance in virtually all areas of government contracting.