EU and UK Public Procurement

EU

• Assisted the European Commission and several European agencies with more than 40 cases involving a wide range of disputes before the European courts, including public procurement cases before the Court of Justice of the European Union and the General Court.
• Safeguarded the interests of a Canadian company in public procurement procedures and subsequent litigation regarding the award of a contract for the supply of virtual lottery terminals to the National Lottery of Belgium.
• Litigated on behalf of one of Belgium’s largest telecommunications companies against the decision by the Flemish public broadcaster to award a contract for the supply of a media platform to a competitor.
• Advising pharmaceutical companies on joint public procurement questions.
• Assisted 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.
• Provided legal support to a U.S.-based electronics corporation in their negotiations with several Belgian publicly owned operators of low and medium voltage electricity networks, relating to the license agreements for e-meters in Belgium.
• Represented one of the largest dredging companies in the world in public procurement litigation against the Antwerp port authorities on the use of their patent-protected technology for the construction of quay walls.
• Advised several pharmaceutical companies on the application of the new Belgian public procurement rules in the hospital sector.
• Advised a defense contractor on offset requirements and Directive 2009/81/EC on defense and sensitive security procurement.
• Assisted the Belgian Federal Government in establishing the regulatory framework for the development of wind farms and in notifying the European Commission of the State aid scheme.
• Assist one of the largest dredging companies in the world in its bid for the construction of a new bridge, in a project with a public procurement value of over EUR 250 million.
• Advised an energy holding on resolving bidding process irregularities and subsequent remedial actions, including government communications, within the framework of a hydrogen project.
• Advise a postal group on the public procurement and State aid aspects of initiatives to support access to e-government services and digital inclusion of vulnerable groups.
• Advising a Belgian utility company in relation to the Belgian Federal Government’s tender for gas-powered power stations.
• Acted for a major fuel supplier on Brussels international airport in proceedings on the validity of procurement decisions and the interpretation of the specific provisions in the offer letter.
• Represented a Belgian utility company in litigation with VEB (Vlaams Energiebedrijf) concerning unfair commercial practices and public procurement issues.
• Advised a multinational aerospace and defense company on the scope of the EU Foreign Subsidies Regulation (FSR) on bids in public tenders in the EU, as well as on how to prepare for notifications.
• Assisted a publishing company in participating in a public procurement procedure involving an intermunicipal cooperative in Belgium.
• Assisting a telecommunications company with a tender procedure to acquire broadcasting rights.
• Representing a telecommunications company in litigation concerning the annulment of a long-term network usage agreement due to the absence of a competitive bidding process during the transaction.
• Advise a multinational pharmaceuticals company on the legality of a public tender by a hospital purchasing body which includes a localization criterion requiring bidders to be in a specific geographic area.
• Advised an EU agency dedicated to enhancing cybersecurity in Europe on the award of contracts for the provision of services in support of preparedness and incident response activities using funding provided by the European Commission under the Digital Europe Programme.

UK

• 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 that 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:
  • 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.
• Advising on IP licensing and R&D partnership agreements.
• Enforcing contractual rights in U.S., English, and European courts and international arbitral tribunals, including:
  • 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.