Practices - BAE, KIM & LEE LLC

Overview

BKL’s Defense Industry & Public Contract Practice Group maintains a collaborative system across government institutions, the synergy of which is built and boosted by multiple professionals who have accumulated extensive experience and expertise from the Defense Acquisition Program Administration, the Ministry of Defense, the Ministry of Trade, Industry and Energy, the Ministry of Economy and Finance, the Board of Audit and Inspection of Korea, and courts.

The defense industry, a crucial pillar of national security, is now poised to propel the Korean economy toward the future and involves an array of legal issues arising from public contracts for procurement of various goods and services that the government or public institutions need. Resolving such complexity requires not only a well-versed understanding of the defense industry but also precise and systematic expertise in government tenders, domestic and global contracts, and applicable laws (including various governmental regulations and administrative rules and authoritative interpretation of the competent authorities such as the Public Procurement Services and the Defense Acquisition Program Administration).

BKL’s Defense Industry & Public Contract Practice Group provides professional and creative solutions to increasingly diverse and complex legal issues related to the defense industry and public contracts, thereby proactively addressing clients’ various needs.

Key Services

Advisory and litigation services on bidding announcement, qualification screening, and selection of preferred bidders and winning bidders

Advisory and litigation services on awards for delay

Advisory and litigation services on dispositions restricting participation in the bidding process and imposition of penalties

Advisory and litigation services on unjust enrichment and imposition of surcharges

Advisory and litigation services on the Defense Cost Management System (DCMS) certification, cancellation of the Defense Quality Management System (DQMS) certification, and reduction in certified profits

Advisory services on M&A matters, including sale of defense contractors

Advisory services on execution of single-source contracts

Advisory and litigation services on execution of amendment agreements

Advisory and litigation services on forfeiture of performance bonds and contract damages

Advisory and litigation services on defect warranty

Advisory and litigation services on termination/rescission of contracts

Advisory and litigation services on national R&D agreements

Advisory and litigation services on calculation of production cost of defense products and disputes over payment

Advisory services on export and import of defense products

Practice Areas

Representative Cases

Advised a Korean defense contractor on its acquisition of a naval shipbuilder

Represented a Korean defense contractor in a lawsuit over delay damages in a contract for submarines

Represented a Korean telecommunication company in a lawsuit challenging a disposition by the Public Procurement Service restricting the company’s participation in a bidding process

Representative Matters in Defense Industry

Advised a Korean defense contractor on its acquisition of a naval shipbuilder

Advised a Korean defense contractor on responding to inspections and investigations into fraudulent acts related to production cost

Advised a Korean defense contractor on its IP dispute with a foreign defense contractor

Advised a Korean defense contractor on allowable production costs in its contract with the Defense Acquisition Program Administration

Advised a Korean defense contractor on the export of its weapons system to the Middle East

Represented and advised a Korean defense contractor on its acquisition of a foreign defense contractor

Advised Korea Trade-Investment Promotion Agency on government-to-government contracts for the exportation of various weapons systems

Representative Cases in Defense Industry Litigation

Represented a Korean defense contractor in a lawsuit over delay damages in a contract for submarines

Represented a Korean defense contractor in a lawsuit over investment in the development of a helicopter system

Represented a Korean defense contractor in a lawsuit over contract price adjustment for inflation

Represented a Korean defense contractor in a lawsuit over investment in the development of dual-use components for a helicopter system

Representative Matters in Government Contracts

Represented a Korean telecommunication company in a lawsuit challenging a disposition by the Public Procurement Service restricting the company’s participation in a bidding process

Advised a Korean government enterprise on execution of single-source contracts

Advised a Korean government enterprise on a consortium agreement

Advised a Korean public institution on a contract with a foreign company to establish IT systems

Represented and advised a foreign helicopter manufacturer on its government procurement contract

Representative Cases in Government Contracts Litigation

Represented a Korean telecommunication company in a preliminary injunction regarding its bidding process

Represented a Korean academic-industrial complex in a lawsuit to cancel a disposition restricting its participation in a bidding process

Represented a Korean construction materials company in a lawsuit seeking invalidity of a contract termination

Represented a Korean military clothing company in a lawsuit seeking payment of purchased goods

Represented a Korean company in a lawsuit against the government seeking payment for construction materials

Key Contacts

Our Team

Defense Industry & Public Contract

Overview

Key Services

Practice Areas

Representative Cases

Key Contacts

Practice Areas

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