Public procurement notice: Contract Notice
Published: 2025-01-15
Buyer: Orsted Baltica 3 Holding sp. z o.o.
Country: PL
Region: PL911
Contract type: Services
Procedure: Negotiated with prior call for competition
CPV classification: 79100000
Estimated value: 15600000 EUR
Submission deadline: 2025-02-03
Award criteria: quality, price

Technical requirements: The negotiated procedure will be used according to the Utilities Directive, but these Tender Conditions do not create an obligation for the Contracting Entity to apply the Tender conditions or the Tender regulation for the economic operators not protected by the Utilities Directive. Such economic operators may be excluded from or during the Tender procedure by the Contracting Entity.
All Tenderers will have the opportunity to submit an Application as part of the Prequalification Stage. Tenderers who are shortlisted to the Tender Stage, cf. Section 4, will have the opportunity to submit a First Tender and one Revised Tender and to participate in at least one round of negotiations. The Contracting Entity reserves the right to consider the first Revised Tender as the BAFO and award the Framework Agreement based on the first Revised Tender, i.e. without additional rounds of negotiations. The Contracting Entity reserves the same right for subsequent Revised Tenders, if any.
The Contracting Entity is seeking to award Framework Agreements for each of the three (3) Lots (Lots 1 to 3), under which the Contracting Entity may enter into Call-off Agreements for the provision of legal services. The Framework Agreements will be entered into by Ørsted Services A/S; however, Tenderers are advised that Call-off Agreements under a Framework Agreement may be made by any Contracting Entity. 
The Contracting Entity will enter into three (3) Framework Agreements per each offor Lot 1 and Lot 2, and one (1) Framework agreement per for Lot 3, comprising a total of seven (7) Framework Agreements. 
It is set out under Clause 7 and 9 in the Service Framework Agreement how the Contracting Entity may purchase under the Framework Agreement.
It is a minimum requirement for participation that the Tenderer employs at least 75 lawyers  as of 10th of January 2025 in offices in Poland.
It is a minimum requirement for participation that a majority of the Tenderer’s employees carrying out the tasks covered by the scope are fluent in the English and Polish language.
It is a minimum requirement for participation that the Tenderer provides services in each of the areas indicated in Section 3.1 (a) – (l)

Eligibility requirements: It is a minimum requirement for participation that the Tenderer employs at least 75 lawyers  as of 10th of January 2025 in offices in Poland.
It is a minimum requirement for participation that a majority of the Tenderer’s employees carrying out the tasks covered by the scope are fluent in the English and Polish language.
It is a minimum requirement for participation that the Tenderer provides services in each of the areas indicated in Section 3.1 (a) – (l)
It is a minimum requirement for participation that the Tenderer must hold a Tier 1, Tier 2, or Tier 3 ranking in at least three (3) of the following practice areas in Legal 500, Chambers & Partners, IFLR1000 or equivalent:
a.	Construction (Chambers & Partners / Legal 500)
b.	Real Estate (Chambers & Partners / Legal 500)
c.	Energy & Natural Resources (Chambers & Partners / Legal 500) 
d.	Projects & Infrastructure (Chambers & Partners) / Project Development (IFLR1000)
e.	Public Procurement (Chambers & Partners / Legal 500)
Six (6) Tenderers will be prequalified for each of Lot 1 and Lot 2. Three (3) Tenderers will be prequalified for Lot 3.
If the number of Tenderers applying for prequalification exceed the number set out above, and provided that the Tenderers fulfill the minimum requirement, cf. above, prequalification will be based on an evaluation of the following criteria with the weights specified below: 
Company Presentation	30 %
CV 	70 %
Company Presentation: 
Tenderer is encouraged to briefly present the company’s experience and capabilities within all areas of law covered by the Lot the Tenderer is applying for in Annex C Prequalification Form. The presentation is to include the following information:
•	Summary of company’s capabilities in the area of law, i.e. size and depth of team, preferably including credentials related to the renewables sector.
For Lot 1 the company presentation must not exceed 4800 characters (not including spaces). 
CV:
Tenderer is encouraged to include the following number of CVs:
•	Lot 1: One (1) CV for the leading employee within all (a) – (l) (one CV may cover one or more categories). 
The CVs are to include the following information.
•	Summary of the employees’ overall capabilities within the area of law.
•	Top 5 credentials demonstrating experience and capabilities in their area of law.
•	Relevant employment history
The CV’s must not exceed 3000 characters (not including spaces) per employee. The CV’s can be filled out in Annex C Prequalification Form or enclosed as part of the Application.
Tenderers will be evaluated more positively to the extent that they demonstrate capabilities and experience directly related to the area(s) of law relevant to the Lot and the specific needs of Ørsted. Tenderers who can provide evidence of prior work or expertise in the energy and renewable energy sectors, showcasing their ability to deliver high-quality legal services tailored to the complexities of these sectors, will also be evaluated more positively.
The most economically advantages tender shall be identified on the basis of the best price-quality ratio as further described in the tender material
Complaints about not having been prequalified must be filed with the Complainants Board for Public Procurement (Klagenævnet for Udbud) within 20 (twenty) calendar days from the day after the day when the Contracting Entity has notified the applicants in question about the result of the pre-qualification, provided that the notification contains a short statement of relevant reasoning behind the decision. The complainant must notify the Contracting Entity in writing of the filing at the latest when complaint is filed. There is no deadline for the Complaints Board’s review of a complaint about the result of the pre-qualification.
All affiliates of the Contracting entity and all affiliates who are directly or indirectly controlled by Ørsted Wind Power A/S. Ørsted establish new Affiliates on an ongoing basis. Any new Affiliate will also become a Contracting Entity under the Contract, as long as the new Affiliate’s activities are within the usual activities of the Ørsted which is to develops, constructs and operates offshore and onshore wind farms, solar farms, energy storage facilities, and bioenergy plants, and provides energy products to its customers.
This Lot covers all services not covered by Lot 2 (M&A services) and Lot 3 (Employment and labour law services), This includes, but is not limited to the following law areas;
a)	Administrative/public law, including construction, defence, environmental and energy law; 
b)	Real estate and infrastructure
c)	Construction and procurement contracts in the context of onshore and offshore renewables projects, including without limitation EPC contracts, other development, supply, design and construction contracts and operation and maintenance agreements
d)	Corporate and commercial law; 
e)	EU public procurement law in particular in context of the Utilities Directive and the implementation thereof in Poland;
f)	Banking and finance (except as covered under paragraph (c) in Lot 2);  
g)	Dispute resolution; 
h)	Financial regulation, 
i)	Energy trading and route-to-market agreements, including without limitation all forms of power purchase agreements (PPAs);
j)	Business ethics (e.g. anti-bribery, anti-money laundering and sanctions);
k)	IP, cybersecurity and GDPR; and
l)	Antitrust/competition law (including state aid).
The Contracting Entity intends to award three (3) Tenderers with a Framework Agreement for Lot 1.
Please note, it is envisaged that the Tenderer offers to second lawyers to Ørsted during Ørsted Group Legal employees’ maternity/paternity leave and other kinds of leave, sickness, resignation from Ørsted and in connection with larger legal projects of a shorter duration or in relation to an overall increase of workload in Ørsted.
The Framework Agreements will have a duration of two (2) years, plus two (2) options to extend for maximum twelve (12) months, i.e., the maximum extension of the term will be twenty-four (24) months.

Winner: Orsted Baltica 3 Holding sp. z o.o.