Defence

The defence sector in Poland has been experiencing dynamic growth, driven by large-scale public procurement processes, modernisation initiatives, international partnerships, and increasing demand for military and dual-use technologies. Operating in this sector requires not only extensive knowledge of defence regulations, but also the ability to navigate complex institutional frameworks, including offset arrangements, technology transfer, international consortia and investments undertaken on behalf of the state’s strategic clients.

JDP combines many years of experience in this sector with an in-depth understanding of the specific nature of defence projects, from military infrastructure and advanced technologies to the preparation of industrial plants for defence production. Our team operates on a multidisciplinary basis, bringing together expertise in public procurement, construction law, commercial law, international law, intellectual property, compliance, and dispute resolution. We provide support at every stage of the project life cycle, ensuring the highest standards of information security and confidentiality.

Legal services for the defence sector – what we offer?

Public procurement, consortia, partnerships

• Drafting and negotiating consortium agreements and partnership agreements;
• Advising on public and defence procurement procedures;
• Representing clients in tender and appeal proceedings;
• Reviewing tender documentation, and preparing bids;
• Assessing grounds for exclusion from proceedings.

Selected experience:

• Legal advice to a global defence technology company on the structuring and establishment of a consortium with Polish and Swiss partners for the purpose of jointly bidding for public procurement contracts in the defence sector in Poland;
• Legal advice to a global defence technology company, leader of a consortium established with a Polish company, in a public procurement procedure for the supply of a MIG-29 flight simulator system for the Polish Air Force;
• Legal advice to a global defence technology company, leader of a consortium established with a Polish company, in a public procurement procedure for the supply of an advanced battlefield simulation system for Polish special forces;
• Legal advice to an EU-based contractor in a public procurement procedure for the supply of aircraft to the Polish Border Guard;
• Legal advice to a Polish agency in connection with claims arising from a contract for the supply of heavy technical support vehicles concluded with a contractor from India.

Defence infrastructure and military facilities

• Advising on contracts for the construction and modernisation of defence infrastructure;
• Representing clients in disputes concerning the performance of construction works for the Ministry of Defence, NATO and the Regional Infrastructure Management Boards;
• Advising public contracting authorities and private contractors regarding their projects;
• Supporting clients in the performance, indexation and settlement of contracts;
• Obtaining the industrial security clearance, and establishing classified information protection offices.

Selected experience:

• Legal advice to a general contractor in connection with six contracts for the construction of military infrastructure facilities for a public contracting authority (Ministry of National Defence); total value of contracts: over EUR 250 million;
• Legal advice to a general contractor in connection with three contracts for the construction of military infrastructure facilities for Regional Infrastructure Management Boards (organisational units of the Ministry of National Defence); total value of contracts: over EUR 150 million;
• Legal advice to a general contractor and its representation in a dispute concerning two contracts for the construction of NATO military bases in Poland;
• Legal advice to a general contractor and its representation in a dispute concerning the modernisation of police buildings, including the supervision department and the MOUT / shooting range area;
• Legal advice to a consortium of general contractors on the adaptation of a building in connection with the organisation of the NATO summit in Poland;
• Legal advice in connection with the construction and expansion of a number of industrial facilities, including those enabling the production of dual-use products;
• Legal advice to a consortium of contractors performing a contract for the adaptation of PGE Narodowy in Warsaw in connection with the organisation of the NATO summit in Poland in 2016.

Construction and expansion of factories for armament production

• Supporting clients in planning construction or expansion projects regarding production facilities for the defence and dual-use products sectors;
• Advising on the acquisition of real estate, obtaining administrative decisions and permits required for industrial investment projects;
• Preparing a full set of documents for investment processes, including contracts, procedures and risk analyses;
• Conducting proceedings for general contractors, technology suppliers and key contractors in compliance with public procurement law and sectoral regulations;
• Advising on projects implemented under the so-called special defence act, including specific procedures and requirements for investment projects of strategic importance for national defence.

Conversion of a factory’s operation to defence-sector production

• Advising on the adaptation of production lines and processes to the requirements of the defence sector (e.g. warranty, software);
• Reviewing regulatory requirements (including military and dual-use products);
• Preparing documentation and obtaining licences;
• Assisting in the implementation of quality systems (AQAP) and obtaining the industrial security clearance;
• Aligning existing and new automation contracts with the requirements of the defence sector in terms of confidentiality obligations;
• Negotiating contracts with suppliers, integrators and technology partners;
• Providing support in obtaining financing (national and EU programmes, including EDF, EDIP, SAFE).

Transaction and corporate advisory services

• Advising on the acquisition and disposal of shares and restructuring processes in defence-sector companies;
• Establishing joint ventures and providing legal advice to such entities;
• Drafting investment agreements and transaction security arrangements;
• Advising on compliance with industry regulations (compliance, export control, AML).

Selected experience:

• Legal advice to a key shareholder of a Polish defence-sector company on the acquisition of shares from another shareholder under a joint venture agreement, including structuring and implementing security arrangements, coordinating pre-emptive rights procedures towards the other shareholders, and managing complex contractual and corporate framework of the transaction;
• Legal advice to a German defence group on the conclusion of commercial agency agreements in the defence sector with a Polish group operating in the C-UAV sector.

Technology, offset arrangements, know-how transfer

• Negotiating offset arrangements and technology transfer agreements;
• Advising on intellectual property rights and licensing;
• Structuring capability building projects;
• Assisting in negotiations with international partners.

Selected experience:

• Legal advice to a state-owned holding company from the defence sector, comprising over 50 companies from the defence and technology industries, on negotiations with one of the largest American defence-sector suppliers concerning an offset agreement in accordance with Polish offset regulations, with particular emphasis on capacity building, intellectual property rights and technology transfer mechanisms.