Written by Jacob B. Pankowski and Stephen C. Tupper

As a general rule, high-value government contracts in the EU must not be awarded by public authorities without first complying with the detailed EU procurement rules designed to ensure non-discriminatory access to such contracting opportunities and “value-for-money” for public authorities and, ultimately, EU taxpayers. However, due to national sensitivities in the EU Member States, the defence procurement market was traditionally largely exempt from the EU public procurement regime. That position changed in August 2011 when the EU’s newly liberalised defence procurement regime officially opened for business.

It is still too early to judge whether the reforms are having the desired effect-namely to increase the level and intensity of international competition for the EU’s estimated annual defence spend of over €170 billion. Ultimately the success of the initiative will depend on the confluence of two phenomena: (i) total commitment on the part of national contract authorities to look beyond their “national champions” to the better deals being offered by foreign suppliers; and (ii) enthusiastic engagement by foreign suppliers in the new market(s). Should either fail to materialise then the market opening will almost certainly be deemed a damp squib.
Continue Reading The UK’s Defence Department turns to the private sector

Written by Jacob B. Pankowski and Stephen C. Tupper

Two recent announcements indicate a desire by the UK’s Ministry of Defence (MOD) to rely more heavily on the private sector in the coming years — thus creating potential new markets for U.S. defense contractors.

First, on July 5, 2012, the MOD announced the creation of the “whole force concept” under which it plans to ax a substantial part of the British Army, cutting regular troop numbers from 102,000 to 82,000. In their place, support contractors would be tapped, most likely in the areas of logistics and mechanical engineering, among others. While it remains unclear when this move to incorporate more private sector contractors into the “whole force concept” will occur, major U.S. support providers are already lining up to participate.

Second, the MOD also recently announced that it is considering outsourcing its entire $22 billion annual procurement and support organization, as early as 2013. This effort would, at least, partially privatize the UK’s Defence Equipment and Support (DE&S) organization. The MOD has already selected 15 companies for market testing talks to determine the best way to implement this massive privatization. It is unclear what ultimate shape the new organization would take but this is clearly an opportunity for U.S. contractors.
Continue Reading New Opportunities for U.S. Defense Contractors as UK Looks to ‘Outsource’ Jobs to Private Sector