Schedules Contracting with an Attorney
Most businesses wouldn't think of preparing their federal tax return without the advice and assistance of a professional to guide you through the mire of the government tax filing process. The paperwork involved and Tax Code provisions are at the very least overwhelming, too burdensome, too time-consuming, and to expend company resources on such is not cost-beneficial. And then there is liability. The federal government does not care whether an incorrect filing was done knowingly or simply a mistake. You are still subject to interest, penalties, and perhaps worse.
So, why would a business attempt to secure a GSA Schedules contract without professional assistance? Obtaining a GSA Schedules contract is a time-consuming and arduous process. While the benefits of having one are great, the process of obtaining one is every bit as cumbersome as preparing a federal tax return, if not more so. Government procurement contracts, including GSA Schedules, are governed by a Byzantine and voluminous set of laws and regulations. And then there is liability. In addition to liabilities like suspension or disbarment, Schedules contractors face severe civil and possible criminal penalties under the False Claims Act (FCA) for knowingly or negligently defrauding the government.
While the potential for lucrative business opportunities is great, tapping into this market and remaining a player while hedging liability presents challenges. In an area fraught with legal and business complexities, effective legal counsel is not a luxury; it is a necessity.
Weitz Morgan specializes in handling government contract formation and corporate compliance programs with a particular emphasis on the General Services Administration's Multiple Award Schedule program. We provide a full range of services to clients that desire to do business with governmental entities or are already doing so through GSA Schedules contracts. We advise and assist clients with contract formation, on complying with the complex government regulations post-award, and if necessary representing them in the event of contract-related litigation.
Why should I hire an attorney instead of a consulting firm?
Despite their applicability to commercial products, MAS contracts are not commercial contracts. They contain unique elements, requirements, and risks that an unwary offeror or contractor could fall victim to, some of which could result in steep financial penalties and costly litigation. Because these contracts and the procedures for obtaining and maintaining them are complex and both alike and dislike commercial agreements, our attorneys, by virtue of their familiarity with basic contract law and Schedules contracting through legal education, experience, and professional licensure, can offer expertise and protection that non-attorneys in consulting firms simply cannot.
By securing legal counsel, clients receive "full representation." In other words, not only can our attorneys assist in contract formation and performance by preparing contract and compliance documents, but we can also provide counsel on the legal ramifications of such contracts as well as represent our clients in any matter arising from the contract.
In addition, because of the attorney-client relationship, all information shared between Weitz Morgan's attorneys and our GSA Schedules clients is legally privileged and protected, something consulting firms cannot afford their clients despite confidentiality agreements.
And finally and most importantly, attorneys are fiduciaries. As such, we provide the utmost good faith, loyalty, and trust to our clients and are held to the highest standard of care imposed by law.
Does hiring an attorney cost more than a consultant?
Perhaps the greatest advantage of hiring an attorney to assist you with GSA Schedules contract formation and administration is that you get all the benefits of having an attorney at a price that is in some cases less expensive than a consulting firm.
Consulting firm pricing for assisting businesses with GSA Schedule contract formation and maintenance ranges from very inexpensive rates of a few thousand dollars to more expensive firms charging well over $10,000.
At Weitz Morgan we attempt to utilize flat-fees in most cases in our GSA Schedules practice so our clients are not charged by the standard attorney hourly billing. And, we offer affordable pricing that is highly competitive both with consulting firms and other law firms. For more information about our pricing, please contact one of our attorneys.
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