Entering US markets

In an age of globalisation, the ability to be internationally active is important to any business.
Expanding your business into the federal marketplace can be lucrative, and provide numerous networking and growth opportunities. But be warned: Winning a federal contract also means complying with laws and regulations unique to those doing business with the government. Many new contractors, especially small businesses, are unprepared for the rules and regulations they must follow, which can lead to costly errors and potential legal problems. The Federal Acquisition Regulation (FAR) is a substantial and complex set of rules governing the federal government’s purchasing process. Its purpose is to ensure purchasing procedures are standard and consistent, and conducted in a fair and impartial manner. So whether you are a small business owner or the contracting official, it is important to understand FAR. There are many costly pitfalls if you don’t take the time to understand the provisions in your contract, which often reference areas of the FAR. The FAR is issued and maintained jointly under the statutory authorities granted to the Secretary of Defense, Administrator of General Services and the Administrator, National Aeronautics and Space Administration. Statutory authorities to issue and revise the FAR have been delegated to the Procurement Executives in DOD, GSA and NASA. Government contracts are different from commercial contracts in many important ways. Federal contracts contain or reference many provisions unique to the government. These provisions include requirements for:
– Changing the scope of work
– Terminating contracts
– Making payments
– Conducting inspection, testing, and acceptance of delivered goods and services

At Ax Rechtsanwälte our expert public procurement team helps small, medium-sized and larger companies to enter the US American market:
Private companies award contracts through a tender process. Non-compliance with these rules can have very serious commercial consequences.
Ax Rechtsanwälte has the experience to address public procurement issues from the perspective of all those involved in the procurement process.
Advising bidders on complex procurement processes and procurement law challenges and disputes, Ax Rechtsanwälte provide integrated advice on procurement law, commercial negotiations, contract drafting and dispute resolution.
Clients turn to us for the value we can add to their involvement in the procurement process, whether through advice on procurement strategy, structuring bids, helping to resolve disputes or just an instinct for what to do next.

Ax Rechtsanwälte advises on:
how to anticipate potential issues and prepare suitable strategies for dealing with the rules,
preparing a clear, structured approach from the initial commercial assessment to the final award and performance of the contract,
procurement disputes,
guidance for contracting authorities and utilities operators whose tendering processes have come under attack
disappointed tenderers seeking to challenge the award of a public contract.
Consulting contractors from the very beginning…
We consult contractors, if requested, already during the decisive phase of preparing tenders and we are pleased to assist them during strategic positioning in the course of the procurement process. It is of decisive importance, that legal positions are maintained against the background of the obligation to make complaints without compromising the chances to be awarded with the contract during the procurement process. In this context the position of contractors as possible members of a bidding consortium needs to be evaluated next to the examination of procurement documents and the agreement itself.
Comprehensive assistance also comprises the representation of interests with the auditing authorities in the context of procurement law. This again is one of the core components of the consulting services we offer.

Key aspects of our scope of consultation services

  • Examination of tender obligations and possibilities to draft procurement contracts not subject to procurement law
  • Preparation and design of tenders, compilation of procurement documents and particularly procurement agreements
  • Structuring and optimization of procurement procedures
  • Examination of procurement documents
  • Support for procurement authorities in responding to contractors‘ questions
  • Implementation of procurement procedures on behalf of procurement authorities within the scope permissible by law
  • Strategic assistance for contractors during procurement processes
  • Assistance during preparation of tenders and evaluation of tenders, assistance with, and moderation of negotiations
  • Procurement management and monitoring of procurement
  • Introduction and implementation of internal procurement guidelines within the procurement authority
  • Assistance with order processing and project support
  • Legal representation during verification procedures and appeals procedures
  • Consultation when handling procurement irregularities as well as legal enforcement or defence against indemnity claims.