The sale of products and services
As a Polish law firm, the principal customer for the majority of our clients is the Polish Ministry of Defence (“MoD”) and its internal units/organs, especially its procurement arm operating under the name Agencja Uzbrojenia (”AU”).
Procurement processes conducted by AU are based on the very strict rules of Polish Public Procurement Law 2019 (“PPL”).
In exceptional cases, AU may not resort to PPL, and as such, tenders and contracts are governed by Polish civil law.
At B2RLaw we help to ensure a successful sale of products and/or services to the MoD (both in tender processes under the PPL and civil law) by:
- Having an in-depth understanding of Polish public procurement law which differs and can be more complicated that other jurisdictions;
- Facilitating and entering into early communication with AU to ascertain crystal clear tender requirements;
- Reviewing supply / delivery contracts proposed by AU;
- Aiding the delivery of products to the MoD, which often requires cooperation with other units of the MoD and can complicate or delay the delivery process;
- Facilitating communication with the MoD, which, for example, only accepts documentation in Polish language;
- Explaining the rules of consortium where all members of a consortium are fully liable towards the MoD irrespective of arrangements between the consortium parties.
Regulatory aspects
Suppliers that have an interest in establishing a permanent presence in Poland (it is common practice for companies to set up a local subsidiary responsible for business development and the monitoring of tender processes, as well as dealing with warranty complaints) would often need to obtain a concession from Poland’s Ministry of Interior.
B2RLaw has advised on a number of concession applications and particularly advises on:
- The scope of concession which needs to be carefully described in accordance with statutory regulations;
- Compliance matters of the concession application, e.g. meeting the requirements of premises of the concession applicant;
- Assisting and attending meetings with the concession holder.
Transactions
B2RLaw’s team also advises on the full gamut of transactions concerning organisations involved in the Aerospace & Defence sector, including:
- Setting up shop;
- Mergers and acquisitions, or joint ventures;
- Asset financing and leasing of supplies;
- Acquisition and/or leasing of premises, or construction of manufacturing facilities.
