Public procurement notice: Contract Award Notice
Published: 2025-03-07
Buyer: DWF Poland Jamka sp.k.
Country: PL
Region: PL911
Contract type: Services
Procedure: Open procedure
CPV classification: 79100000
Estimated value: 500000 EUR
Award criteria: price, quality

Technical requirements: This procurement procedure aims to conclude a multiple FWC in cascade for the provision of legal/consultancy services to Frontex. The FWC is divided into the following 6 lots: 1. Polish general law (excluding the scope covered by lot 2). 2. Legal advice and support regarding Polish construction, rental, and real estate law 3. National laws of selected EU MS 4. National laws of selected third countries 5. EU civil service law 6. EU general law
Within 2 months of the notification to the plaintiff, or, in absence thereof, of the day on which it came to the knowledge.
This lot is to equip Frontex with the possibility to obtain legal advice on any aspect related to Polish law, except for those matters foreseen under Lot 2. 
For instance, Frontex requires advice on matters where Polish law is the governing law of a contract (for example, in case of disputes related to termination of contracts, the recovery of debts, or concerning possible conclusion and implementation of loan agreements for financing the construction of Agency’s permanent premises, etc). 
Also, advice might be required where Polish law is not the governing law of a contractual arrangement (for example in institutional matters deriving from the interpretation and implementation of Frontex’s Headquarters Agreement with the Polish government). In that case advice may be needed on the constitutional limits of Polish law and where EU law prevails. Further examples include non-contractual liability.
Frontex requires legal advice on Polish law related to real estate and construction, such as: 
1.	Legal services in the context of the implementation of existing contracts related to real estate projects for all the premises occupied by Frontex presently.
2.	Legal services in relation to the General Construction Contract for the Permanent Premises - (Design and Build) [the “GCC”] with all appendices, including but not limited to legal advisory during its implementation, possible renegotiations or amendments.
3.	Legal services in relation to Provision of Engineering Consultancy and Construction Supervision services in the frame of the General Construction Contract. 
4.	Analysis, review, alignment, and finalisation of any building-related agreements, including lease contracts as well procurement of any future premises. 
5.	Legal assistance for concluding, assessing, revising, negotiating, and renegotiating lease contracts or lease contract amendments for premises, as well as contracts and contract amendments for the execution and management of design, works, and supervision projects, regarding administrative, organisational, technical, and financial aspects.
6.	Legal assistance during implementation and closing/acceptance of design, works and supervision projects and contracts.
Frontex operates in many EU jurisdictions and may thus require legal support on the applicable national laws. 
For example, Frontex procures goods and services which may require complex registration and logistical arrangements. Article 38 of the EBCG provides that Frontex may acquire, either on its own or as a co-owner with a MS or lease technical equipment to be deployed during operational activities. Of particular importance is ‘major technical equipment’, which may be registered in the MS of operation. These may be very expensive and complex assets, especially in view of the role they acquire when deployed in the context of an operational activity. It is vital that the procurement and registration of such assets foresees and addresses any national requirements in order to ensure operational continuity of law enforcement activities at the external borders.  
In addition, Frontex may need to establish a physical presence in MS other than Poland (where it has its Headquarters). This may need to be secured through leasing/acquisition of equipment/own assets and setting up of local offices or other support structures related to the deployment of the standing corps and the staff in general. Knowledge both of EU law and specificities of the local legal frameworks are thus crucial for Frontex to manage its presence from all points of view, including with respect to local real estate and related services. 
Other aspects of local law related to local operations such as health and safety, immunities and privileges, administrative or civil/criminal liability issues (of Standing Corps officers and other Frontex staff) would need to be covered. 
Frontex may require legal services in the following MS: Greece; Bulgaria; Romania; Italy; Spain; Belgium.


Winner: Hoogells Oleksiewicz sp.k.
Number of bids: 6