Public procurement notice: Contract Notice
Published: 2025-02-21
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: 4600000 EUR
Submission deadline: 2025-03-05
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.
Please note that this Tender Procedure is a restart for Lot 1 of the tender procedure initiated by contract notice 28282-2025. The tender procedure for Lot 2 and Lot 3 will be postponed to wait for this Tender Procedure for Lot 1.
The Contracting Entity is seeking to award Framework Agreements for Lot 1, 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 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. 
The Contracting Entity will enter into three (3) Framework Agreements for Lot 1. 
It is set out under Clause 7 and 9 in the Service Framework Agreement how the Contracting Entity may purchase under the Framework Agreement.
The Tenderer can only submit one Application and one Tender in this Tender Procedure.  
Whether the Tenderer is submitting an Application/Tender for one or more Lots, the Tenderer is encouraged to read the scope for all Lots as the individual scopes provide supplementary information about the scope covered by other Lots:
It is a minimum requirement for participation that the Tenderer employs at least 75 lawyers  as of 20th February 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 20th February 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 Poland 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 Lot 1. If more than one Tenderer is ranked at sixth place, all sixth-placed Tenderers will be shortlisted. 
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). If the company presentation includes more than 4800 characters (not including spaces), Ørsted will only include the first 4800 characters (not including spaces) in the evaluation.
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). 
If the Application includes more than one (1) CV for an area of law, Ørsted will only include the first CV for each area (a) – (l) in the evaluation. If it cannot be determined based on the Application which CV is the first, Ørsted will choose alphabetically. 
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. If a CV includes more than 3000 characters (not including spaces), Ørsted will only include the first 3000 characters (not including spaces) in the evaluation. 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.
3.2	Lot 2: M&A and transactional finance services [covered by the tender procedure initiated by contract notice 28282-2025]  
This Lot 2 covers legal services related to M&A and transactional finance including, but not limited to: 
a)	National and cross-border transactions and restructurings. 
b)	Advice in relation to acquisitions and divestments (including but not limited to partnership agreements, shareholder agreements and investment agreements as well as project-related agreements such as construction agreements, operation and maintenance agreements, finance agreements and power purchase agreements) but also any other advice about the transaction irrespective of whether such advice in isolation may be covered Lot 1 and/or Lot 3. 
c)	Advice in relation to financings connected with energy or infrastructure joint ventures, acquisitions, or divestments, including project finance.
d)	Assistance in M&A-related matters before authorities (e.g., in merger clearance proceedings) 
The Contracting Entity intends to award three (3) Tenderers with a Framework Agreement for Lot 2.
3.3	Lot 3: Employment and Labour law Services [covered by the tender procedure initiated by contract notice 28282-2025]
This Lot 3 covers legal services related to employment and labour law services including, but not limited to: 
a)	Advice in relation to all employment matters;
b)	Advice in relation to all social security matters; and
c)	Assistance in the preparation of company documents concerning employees; 
The Contracting Entity intends to award one (1) Tenderer with a Framework Agreement for Lot 3.
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Where the nature of a specific project includes more than one of the functional areas that the Lots are comprised of, the legal services will be sourced through the Lot that Ørsted finds to best represent the primary/main service element of the work to be awarded.
Where a Tenderer is providing Ørsted with services within the scope of one Lot, and the matter develops to include services within the scope of another Lot, the Tenderer may be permitted to continue advising in relation to those services that are within the scope of the other Lot, at the absolute discretion of 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.