Our legal professionals have, for more than the past decade, represented numerous defence companies in diverse supply contracts with the Ministry of Defense, and other government agencies. Our role commenced from the issue of the RFP and the detailed clause-by-clause responses as well as negotiations with the ministry and other relevant agencies. In order to provide sophisticated advice it is necessary to, and we do, understand the bidding organizations, funding agencies, and market developments as well as the sensitivities of the nature of the transactions. The PSA team is also equipped in the application of the recent offset policy in capital acquisitions based on the revised defense procurement procedure as well as challenging issues surrounding procurement by the government agencies. As the regulators impose unique requirements on aerospace companies and particularly in government contracts, we provide advice on a host of interconnected issues, be it corporate, competition, FCPA compliance, regulatory, or technology-centric, sometimes in consonance with our Aviation lawyers where aerospace companies engage in businesses or activities with a military end-use. We have also handled disputes arising out of government subcontracting relationships. Our lawyers have the experience to devise and implement structures that meet the government's concern and sensitivity about national security while balancing it with the need for devising procurement which will bring cutting-edge technology to the exciting and fast-moving defense industry.
Some representative transactions include advising :
- European defence companies on sale of highly sensitive equipment to the Indian government which involved closed-doors negotiations;
- Large defence manufacturers to provide a risk assessment related to its use of agents in defence procurement contracts;
- European and American companies in strategizing optimum structures in line with the sensitive regulatory framework in order to establish manufacturing operations for various projects to cater to the needs of the defense industry;
- Foreign companies in the creation of joint-ventures Indian state agencies;
- Multinational defence company in investigation of alleged violations of the corruption levels and in providing gratification to secure government contracts;
- A world renowned engine manufacturer in supplying engines to Indian military agencies;
- A French defence company in the regulatory issues with respect to development of software for foreign military agencies and Indian military agencies;
- Prominent aircraft manufacturers on the offset obligations arising with respect to defence procurement by the Indian government.