Public procurement of defence and security-related public contracts
We are familiar with the specificities of public procurement law in the defence and security sector and have recognised expertise in the field of state model contract clauses in accordance with the Annex to the Schedule of Common Administrative Provisions for the Industrial Sector (Annexe des clauses communes administratives/ Marché industriel, or ACCA/ MI in short) or with the Schedule of Common Administrative Provisions in the Armament Sector (cahier des clauses administratives communes ” Armement “, or CAC Armement in short). Thanks to our good network as well as our precise knowledge of the needs of the sector, we navigate you safely through crisis situations that may arise during the execution of contracts. In this way, we accompany you in dealing with contractual penalties, performance failures, technical impossibilities, blockages during verification work or cost controls.
Legal advice to clients on defence tenders
When participating in public tenders in the field of defence and security, we offer you a tailor-made consultancy service to optimise your chances of your application and bid. In addition to expert advice on the preparation of the documents, we create the appropriate framework that enables you to optimally implement the project in compliance with all relevant regulations:
- Support in the phase before submission of the application documents
- Support in the phase before the submission of the initial offer, once you are admitted to participate
- Support in the negotiation phase, which takes place between the submission of the first offer and the final and best offer.
- Assisting with contracting for tasks prior to sending the contract.
Our team is able to assist you in choosing the appropriate contract structure for the implementation of innovative projects (especially due to governmental budgetary constraints), in drafting and negotiating the contract for temporary groupings of companies and the subcontracting contracts. We take care of this support in parallel with the execution of the main contract by ensuring the renegotiation of these support contracts.
Protection of national defence and state security secrets
We are able to advise you on all regulations relating to national defence and state security secrecy. A typical case group is the handling of classified information, so-called informations au support classifié, ISC for short. We support you in the interpretation and implementation of the various regulations. In France, the requirements of the French Defence Code (Code de la Défense), the French Internal Security Code (Code de la sécurité intérieure) as well as certain interministerial and ministerial instructions (the instruction générale interministérielle n°1300, abbreviated IG 1300 or the instruction ministérielle du ministère de la défense (MINDEF) n°900 DEF/CAB/DRIM 900, abbreviated IM 900) must be observed in particular.
Foreign trade law / export control
We advise you on the licensing practice for the export of war material as well as on the transfer of military equipment. We also support you in the development of your projects and in the context of official controls or investigation procedures. In doing so, we provide you with a comprehensible risk assessment and make recommendations for action that can be used practically and immediately.