Public procurement notice: Contract Notice
Published: 2025-01-21
Buyer: Ørsted Services A/S
Country: DK
Region: DK032
Contract type: Services
Procedure: Negotiated with prior call for competition
CPV classification: 79100000 | 79110000 | 79111000 | 79112000
Estimated value: 20400000 EUR
Submission deadline: 2025-02-03
Award criteria: price, quality

Technical requirements: The tender is conducted pursuant to article 91 of the Utilities Directive. The tender will be conducted as open procedure with negotiation structured into three (3) lots and there will be awarded three framework agreements per lot. The framework agreements will be awarded based on the award criterion best price to quality ratio. Tenderers who fulfill the minimum requirements and submit a tender may be invited for one or more rounds of negotiations. The procedure is further described in the Tender Conditions.
The Contracting Entity is issuing a tender for the provision of Orsted’s demand for Legal Services in the Republic of Ireland. The framework agreement is structured into the following Lots:
Lot 1: Full Service (All services not covered by Lot 1 and 2)
Lot 2: Large scale Mergers & Acquisitions
Lot 3: Onshore Real Estate Legal Services
The Contracting Entity aims to establish a cascade with three (3) suppliers per lot. Contracts under the framework agreement may be awarded partially with and without reopening of competition. 
The framework agreements will be entered into by Ørsted Services A/S, however, tenderers are advised that call-off may be made by any company mentioned in Annex A.
The scope of legal services covers all of the Republic Ireland.
To participate in the Tender, it is a minimum requirement that the Tenderer must have experience advising on all below mentioned areas of law:
a) EU and Irish procurement law
b) Construction and engineering law
c) Energy trading and route-to-market agreements
d) Environmental, permitting and planning law
e) Antitrust/competition law (including state aid) 
f) Energy law and regulation
g) Mergers & Acquisitions, partnering and restructurings 
h) Banking and finance law
i) Corporate and commercial law
j) Financial Regulation
k) GDPR
l) Business Ethics
m) Advising on the applicability of Irish foreign investment screening rules
In respect of each of the a – g areas of law as described above such experience must be within the renewable energy sector (offshore/onshore renewable energy and battery energy storage systems).
To participate in the Tender, it is a minimum requirement that the Tenderer must have a minimum 60 qualified lawyers on the Roll of Solicitors or the Roll of Practising Barristers in the Republic of Ireland as at the first Tender Deadline.

Eligibility requirements: To participate in the Tender, it is a minimum requirement that the Tenderer must have experience advising on all below mentioned areas of law:
a) EU and Irish procurement law
b) Construction and engineering law
c) Energy trading and route-to-market agreements
d) Environmental, permitting and planning law
e) Antitrust/competition law (including state aid) 
f) Energy law and regulation
g) Mergers & Acquisitions, partnering and restructurings 
h) Banking and finance law
i) Corporate and commercial law
j) Financial Regulation
k) GDPR
l) Business Ethics
m) Advising on the applicability of Irish foreign investment screening rules
In respect of each of the a – g areas of law as described above such experience must be within the renewable energy sector (offshore/onshore renewable energy and battery energy storage systems).
To participate in the Tender, it is a minimum requirement that the Tenderer must have a minimum 60 qualified lawyers on the Roll of Solicitors or the Roll of Practising Barristers in the Republic of Ireland as at the first Tender Deadline.
To participate in the Tender, it is a minimum requirement 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 or equivalent:
- Construction 
- Competition (Chambers & Partners) / EU and competition (Legal 500)
- Energy and natural resources 
- Projects (Chambers & Partners) / Projects and PP (Legal 500)
- Environment (Chambers & Partners) / Planning and environment (Legal 500)
Weight 30 %. The most economically advantages tender shall be identified on the basis of the best price-quality ratio as further described in the tender material.
Weight 70 %. The most economically advantages tender shall be identified on the basis of the best price-quality ratio as further described in the tender material.
In accordance with the provisions of the EC (Award of Contracts by Utility Undertakings) (Review Procedures) Regulations 2010 (S.I. No. 131/2010), and the review procedures set out therein.
All affiliates of the Contracting entity and all affiliates who are directly or indirectly controlled by Ørsted Services 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.
The framework agreement for Lot 1 comprises Ørsted's demand for all types of legal services in the Republic of Ireland, except for the areas of law covered by Lot 2 and Lot 3.
The scope of legal services covers all of the Republic of Ireland.
The estimated value of the Framework Agreement is EUR 8,000,000. The estimate is indicative, and the aggregated purchases made under the Framework Agreement may vary from the estimate. Unforeseen circumstances might occur if for instance new projects, strategic changes or new needs arise.
Therefore, the Contracting Entity has decided to also include a maximum value of EUR 10,800,000.
The above estimates and maximums do not preclude or change the Contracting Entity’s possibilities to make modifications to the Contract, cf. article 89 of the Utilities Directive.
The Framework Agreement has a duration of 2 years. However, the contracting entity reserves the right to renew the framework agreement for a period of 12 months up to 2 times. As such, the total maximum duration of the framework agreement is 4 years. 
Please note, that the start date is only indicative and is subject to change.

Winner: Orsted Onshore Irish Wind 1 Limited