Government Contracts & Public Bids
Global corporations must comply with a unique set of import and export regulations in every country where they do business. Standards are continually evolving, and with some governments there is little predictability in enforcement. Exports to the region must comply with standards issued by several government agencies, and they may be subject to inspection to ensure compliance. Our lawyers are intimately familiar with regional import and export regulations as well as enforcement trends, and we frequently advise clients on ways to ensure maximum efficiency in goods transport.
Anti-Bribery & Foreign Corruption Practices
Businesses with a broad operational base often confront unethical business practices and corruption, especially in emerging markets. U.S. & UK businesses in particular have witnessed increased enforcement activity in recent years. This makes compliance with anti-corruption regulations, namely the US Foreign Corrupt Practice Act (FCPA) and the UK Bribery Act by their employees, subsidiaries, and third-party representatives a priority. For global corporations, this level of monitoring can be difficult. Our U.S. & UK offices enhance our ability to cover this type of matter from both sides. Our team is well versed in the process of determining and implementing internal controls, record-keeping requirements, and measures to combat money laundering and racketeering. Large corporations are expected to be particularly vigilant, and ethical business practices are not always a guarantee against enforcement action. Our lawyers ensure that our clients’ business practices are grounded in knowledge of compliance standards and supported by appropriate procedures to ensure compliance.
Doing business with governments may require partnering with local and regional players. Before entering such relationships, it is critical for businesses to ensure they are communicating in terms mutually understood and agreed upon. Our team of lawyers has trained and practiced in centers of commerce in Europe and the United States and is fluent in a number of languages. We also draw upon Crowell & Moring’s teams in the United States and its offices in Brussels, London, and Saudi Arabia to create expertise with a global reach. Our team advises on a broad range of cross-border agreements including vendor contracts, technology transfer agreements, partnerships, distributorships, licensing, franchising, commercial leases, construction and infrastructure projects.
Our lawyers have offered guidance in privatizations across a wide range of industries. We have represented entities on all sides of the transaction – governmental agencies, state-owned entities, private acquirers and private guarantors. We have advised clients on structuring, due diligence, tender rules, drafting and negotiation of contracts, the private and public placement of equity securities, mergers and acquisitions, and the sale, lease, or grant of operational rights or concessions for the assets being privatized. We have experience in structuring and implementing privatizations using the full spectrum of privatization strategies.
Private Public Partnership (PPP)
We believe that the public and private sectors have much to learn from each other. The pooling of expertise and information through private-public ventures increases knowledge and prosperity on both sides. Our lawyers have extensive experience facilitating the collaboration of public and private entities in infrastructure and other projects, drawing upon our global network of lawyers in all practice areas to help our clients fulfill their goals. Our team has advised clients on the pursuit of public sector solicitations, structuring issues, regulatory compliance and the negotiation and drafting of contracts.
We have decades of experience advising clients on bidding and contracting. For companies that are new to the bidding process, the regulations surrounding it can be daunting. Engaging a good legal advisor is crucial to help avoid spending time and resources in vain and mitigate the risks of noncompliance or challenges. From the outset, we help streamline the bidding process, and when necessary, handle protest litigation. Our lawyers are profoundly experienced in preparing notices and guidelines, drafting contracts and bid formats, analyzing legal qualification of participants, and representing clients both challenging and defending procurement procedures. We are experienced in taking various routes for bidding success, including determining where a protest would be most effectively filed and putting together strategies for defending against competitor bids.