EU and UK Aerospace and Defence Procurement
Overview
As British and European governments significantly increase their defence budgets and look to incorporate emerging technologies into their defence capabilities, Crowell & Moring is helping local and international suppliers alongside innovative emerging companies respond to the call to action.
We regularly advise on:
- Due diligence and risk assessment for acquisitions, disposals, and investments involving government contracts.
- Structuring and negotiating M&A, joint ventures, and outsourcing transactions.
- Market entry in light of restrictions on Foreign Ownership, Control, or Influence (FOCI).
- All aspects of EU and UK procurement acts.
- Tendering strategy, bid preparation, and contract negotiation, including assistance with framework agreements, dynamic purchasing systems, and direct awards.
- Challenging and defending contract award decisions before EU and UK courts, as well as investigation and regulatory support.
- Advising on standstill periods, remedies, urgent interim relief and creative solutions to limitation issues.
- Competition law issues such as bid rigging, market sharing, and competition law grounds for exclusion.
- Foreign companies (especially U.S.) on how to bid for, and receive, Eu and UK government contracts.
- Intellectual property, including patents, partnership agreements, and licenses.
- Responding to and negotiating both with government and the supply chain.
- Sensitive sector transactions and national security-based government approval processes, including the National Security and Investment Act.
- Audit trail review, compliance history, and regulatory risk assessment.
- Supply chain flow down, material subcontractor provisions data protection, and cyber risk diligence.
- Novation of government contracts and managing ongoing compliance.
- Change of control notifications, integration planning, and reporting obligations.
Crowell’s consultants, lawyers, and policy advisers work seamlessly together to support the growth of your defence contracting business at every stage. Our new Government Contracts consultancy, GovCon Strategies, supports clients through every step of the acquisition lifecycle – from opportunity creation and proposal development to discussions, award, and execution.
Defence and aerospace industry clients also rely on Crowell’s legal practices such as:
- Intellectual Property to ensure that IP is protected and strategically commercialised;
- International Trade to mitigate supply chain risk;
- Privacy and Cybersecurity to ensure compliance with a variety of privacy regimes and help clients prepare for and respond to cyber incidents;
- International Dispute Resolution for end-to-end advice on the full range of business and governmental disputes worldwide;
- Corporate for assistance with complex, cross-border transactions such as M&A, licensing, outsourcing, manufacturing, and public-private partnerships, as well as governance and compliance matters;
- EU Regulatory and Product Compliance for advice on produce design, launch, advertising, and aftermarket issues both at the EU and the member state levels; and
- Telecommunications for advice on regulatory obligations, including licensing requirements, access to and the use of numbering capacity, lawful intercept obligations, data protection and retention requirements, contractual obligations, and information requirements towards end-users, and value-added services.
Across the aerospace and defence sectors, we have helped bring world class technology to market, including:
- Systems integration
- Air defence systems
- Aircraft design
- Autonomous systems (e.g., drones, UAVs, UGVs, AI)
- Command and control systems
- Electromagnetic spectrum operations
- Satellites
- Ship design
- Logistics and supply chains
We don’t write policy papers or detailed memoranda (unless you ask us to); we believe in actionable business advice. To that end, we understand the intricacies of governmental and legal issues, but we also understand your business. Context is everything, and our guidance is always tailored to meet your specific needs.
Contacts
Crowell GovCon Strategies President
Representative Matters
- Representing SME supplier to the MOD in claim for misfeasance in public office in respect of government contracts allegedly awarded fraudulently, worth in excess of £5 million.
- Assisting a U.S. defense company with a submission in a Private Public Partnership project for Pilotage Vessels ordered by the Flemish government. The project was for the design, build, finance and maintenance of a mother vessel and three fast tender vessels.
- Advising U.S. software company to become supplier to the MOD
- Advised UK waste-to-energy supplier on a challenge of a contract award by a UK council, worth in excess of £400,000.
- Advising SMEs on appropriate models to supply and contractual award frameworks into UK Government.
- Successfully challenging digital and technology framework contract awards which resulted in supplier being awarded a place on the applicable frameworks.
- Establishing and running through to award technology and infrastructure MSP and outsourcing procurements for UK Government worth hundreds of millions.
- Advising suppliers on the requirements of financial distress testing and considerations and certifications required at pre-qualification stage.
- Supporting a client in responding to a high-profile Government data breach.
- Advising a client on compliance with the UK Bribery Act, particularly in relation to supplying into UK Government.
- Advising a number of clients (UK, U.S., and international) on National Security and Investment Act (and other countries’ equivalent) approval processes in relation to transactions in defence, aerospace, dual-use, cybersecurity, artificial intelligence and other areas. In each case, this involves assessing risk and negotiating appropriate conditions precedent in the relevant transaction agreements.
- Advising on transactions where National Security and Investment Act (and other international foreign direct investment) approval processes have to be managed and coordinated in parallel with obtaining competition law clearances for the same transaction.
- Advised a defense contractor on offset requirements and Directive 2009/81/EC on defense and sensitive security procurement.
- Advising on cross-border transactions, including helping buyers and sellers mitigate Foreign Ownership, Control, or Influence (FOCI) and navigate foreign investment reviews, in the U.S. by the Committee on Foreign Investment in the United States (CFIUS) and in the UK under the National Security and Investment Act (NSIA).
- Assisting defence tech companies obtain and maintain security clearances.
- Working with technology suppliers and regulatory authorities and defence ministries to address spectrum interference concerns.
- Assisting in the response to ransomware attacks on critical suppliers and the associated supply chain.
- Ensuring patent protection in various aerospace and defence technologies, including:
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- Spacecraft propulsion systems;
- Aircraft gas turbine engines;
- Conceptual and detailed design of spacecraft and aircraft including UAVs/drones;
- Aerospace structures and subsystems;
- Flight simulation including mechanical systems, engines, autopilots, and flight dynamics;
- Metal-making and processing technologies; and
- Mechanical and manufacturing engineering processes.
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- Advising on IP licensing and R&D partnership agreements.
- Enforcing contractual rights in U.S., English, and European courts and international arbitral tribunals, including:
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- warranties in respect to aircraft design;
- duty of care in respect of the construction of airports;
- insurance payments in respect to lost aircraft; and
- force majeure in satellite spectrum leasing.
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Contacts
Crowell GovCon Strategies President
Professionals
Practices
Contacts
Crowell GovCon Strategies President
