Polish Legal Services - Tender for Legal Services to Ørsted in Poland - Lot 1

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 …

CPV: 79100000 Servicios jurídicos
Lugar de ejecución:
Polish Legal Services - Tender for Legal Services to Ørsted in Poland - Lot 1
Organismo adjudicador:
Orsted Baltica 3 Holding sp. z o.o.
Número de premio:
Lot 1

1. Buyer

1.1 Buyer

Official name : Orsted Baltica 3 Holding sp. z o.o.
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Orsted Baltica 2 Holding sp. z o.o.
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Ørsted A/S
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Orsted Polska Sp. z o.o.
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Orsted Polska OF Services s.p. z.o.o.
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Ørsted Salg & Service A/S
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Ørsted Bioenergy & Thermal Power A/S
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Ørsted Onshore A/S
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Elektrownia Wiatrowa Baltica 2 sp. z.o.o.
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Elektrownia Wiatrowa Baltica 3 sp. z.o.o.
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Ørsted Wind Power A/S
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

1.1 Buyer

Official name : Ørsted Services A/S
Legal type of the buyer : Public undertaking
Activity of the contracting entity : Electricity-related activities

2. Procedure

2.1 Procedure

Title : Polish Legal Services - Tender for Legal Services to Ørsted in Poland - Lot 1
Description : 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:
Procedure identifier : 6f1c10d1-195c-4f76-bca9-d294b87f7b42
Type of procedure : Negotiated with prior publication of a call for competition / competitive with negotiation
Main features of the procedure : 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.

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79100000 Legal services

2.1.2 Place of performance

Country : Poland
Anywhere in the given country

2.1.3 Value

Estimated value excluding VAT : 4 600 000 Euro
Maximum value of the framework agreement : 5 750 000 Euro

2.1.4 General information

Legal basis :
Directive 2014/25/EU
Applicable cross-border law : The governing law of the tender procedure is Danish public procurement law

5. Lot

5.1 Lot technical ID : LOT-0001

Title : Lot 1: Full service except for areas of law covered by Lot 2 and Lot 3
Description : 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. --- 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.
Internal identifier : Lot 1

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 79100000 Legal services

5.1.2 Place of performance

Country : Poland
Anywhere in the given country
Additional information :

5.1.3 Estimated duration

Start date : 08/04/2025
Duration end date : 08/04/2027

5.1.4 Renewal

Maximum renewals : 2
Other information about renewals : 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.

5.1.5 Value

Estimated value excluding VAT : 4 600 000 Euro
Maximum value of the framework agreement : 5 750 000 Euro

5.1.6 General information

Reserved participation : Participation is not reserved.
Additional information : Please note that the start and end date is only indicative and is subject to change. The estimated value is indicative and the aggregated purchases made under the Framework Agreement may vary from the estimated value. Unforeseen circumstances might occur if for instance new projects, strategic changes or new needs arise. Therefore, the Contracting Entity has decided to also include the maximum value of 5,75 m.EUR. The estimated value and the maximum value do not preclude or change the Contracting Entity’s possibilities to make modifications to the Contract, cf. article 89 of the Utilities Directive.

5.1.9 Selection criteria

Sources of selection criteria : Notice
Criterion : Average yearly manpower
Description : It is a minimum requirement for participation that the Tenderer employs at least 75 lawyers as of 20th February 2025 in offices in Poland.
The criteria will be used to select the candidates to be invited for the second stage of the procedure
Criterion : Relevant educational and professional qualifications
Description : 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.
The criteria will be used to select the candidates to be invited for the second stage of the procedure
Criterion : Relevant educational and professional qualifications
Description : It is a minimum requirement for participation that the Tenderer provides services in each of the areas indicated in Section 3.1 (a) – (l)
The criteria will be used to select the candidates to be invited for the second stage of the procedure
Criterion : Enrolment in a relevant professional register
Description : 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)
The criteria will be used to select the candidates to be invited for the second stage of the procedure
Criterion : References on specified services
Description : 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 criteria will be used to select the candidates to be invited for the second stage of the procedure
Information about the second stage of a two-stage procedure :
Maximum number of candidates to be invited for the second stage of the procedure : 6
The procedure will take place in successive stages. At each stage, some participants may be eliminated

5.1.10 Award criteria

Criterion :
Type : Quality
Name : Quality and Service
Description : The most economically advantages tender shall be identified on the basis of the best price-quality ratio as further described in the tender material
Category of award threshold criterion : Weight (percentage, exact)
Award criterion number : 70
Criterion :
Type : Price
Name : Evaluated Price
Description : The most economically advantages tender shall be identified on the basis of the best price-quality ratio as further described in the tender material
Category of award threshold criterion : Weight (percentage, exact)
Award criterion number : 20
Criterion :
Type : Quality
Name : Contractual Terms
Description : The most economically advantages tender shall be identified on the basis of the best price-quality ratio as further described in the tender material
Category of award threshold criterion : Weight (percentage, exact)
Award criterion number : 10
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

Languages in which the procurement documents are officially available : English
Address of the procurement documents : www.orstedprocurement.com/web/login.html

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : English
Electronic catalogue : Not allowed
Advanced or qualified electronic signature or seal (as defined in Regulation (EU) No 910/2014) is required
Variants : Not allowed
Tenderers may submit more than one tender : Not allowed
Deadline for receipt of expressions of interest : 05/03/2025 12:00 +01:00
Deadline for receipt of requests to participate : 05/03/2025 12:00 +01:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No

5.1.15 Techniques

Framework agreement :
Framework agreement, partly without reopening and partly with reopening of competition
Maximum number of participants : 3
Additional buyer coverage : 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.

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud, Nævnenes Hus -
Information about review deadlines : 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.
Organisation providing additional information about the procurement procedure : Ørsted Services A/S -
Organisation providing more information on the review procedures : Konkurrence- og Forbrugerstyrelsen -
Organisation receiving requests to participate : Ørsted Services A/S -
Organisation processing tenders : Ørsted Services A/S -

8. Organisations

8.1 ORG-0004

Official name : Orsted Baltica 3 Holding sp. z o.o.
Registration number : (KRS) 0000822504
Postal address : Ul. Chmielna 73
Town : Warsaw
Postcode : 00-801
Country subdivision (NUTS) : Miasto Warszawa ( PL911 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0005

Official name : Orsted Baltica 2 Holding sp. z o.o.
Registration number : (KRS) 0000823288
Postal address : Ul. Chmielna 73
Town : Warsaw
Postcode : 00-801
Country subdivision (NUTS) : Miasto Warszawa ( PL911 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0006

Official name : Ørsted Services A/S
Registration number : 27446485
Postal address : Kraftværksvej 53
Town : Skærbæk
Postcode : 7000
Country subdivision (NUTS) : Sydjylland ( DK032 )
Country : Denmark
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation receiving requests to participate
Organisation processing tenders

8.1 ORG-0007

Official name : Ørsted A/S
Registration number : DK 36213728
Postal address : Kraftværksvej 53
Town : Skærbæk
Postcode : 7000
Country subdivision (NUTS) : Sydjylland ( DK032 )
Country : Denmark
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0008

Official name : Orsted Polska Sp. z o.o.
Registration number : (KRS) 0000401385
Postal address : Ul. Chmielna 72
Town : Warsaw
Postcode : 00-801
Country subdivision (NUTS) : Miasto Warszawa ( PL911 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0009

Official name : Orsted Polska OF Services s.p. z.o.o.
Registration number : (KRS) 0000730501
Postal address : Ul. Chmielna 73
Town : Warsaw
Postcode : 00-801
Country subdivision (NUTS) : Miasto Warszawa ( PL911 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0010

Official name : Ørsted Salg & Service A/S
Registration number : DK27210538
Postal address : Kraftværksvej 53
Town : Skærbæk
Postcode : 7000
Country subdivision (NUTS) : Sydjylland ( DK032 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0011

Official name : Ørsted Bioenergy & Thermal Power A/S
Registration number : DK27446469
Postal address : Kraftværksvej 53
Town : Skærbæk
Postcode : 7000
Country subdivision (NUTS) : Sydjylland ( DK032 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0013

Official name : Ørsted Wind Power A/S
Registration number : DK31849292
Postal address : Kraftværksvej 53
Town : Skærbæk
Postcode : 7000
Country subdivision (NUTS) : Sydjylland ( DK032 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Roles of this organisation :
Buyer

8.1 ORG-0015

Official name : Ørsted Onshore A/S
Registration number : DK40436839
Postal address : Kraftværksvej 53
Town : Skærbæk
Postcode : 7000
Country subdivision (NUTS) : Sydjylland ( DK032 )
Country : Denmark
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0017

Official name : Elektrownia Wiatrowa Baltica 2 sp. z.o.o.
Registration number : (KRS) 0000393178
Postal address : Mokotowska 49
Town : Warsaw
Postcode : 00-542
Country subdivision (NUTS) : Miasto Warszawa ( PL911 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0018

Official name : Elektrownia Wiatrowa Baltica 3 sp. z.o.o.
Registration number : (KRS) 0000392905
Postal address : Mokotowska 49
Town : Warsaw
Postcode : 00-542
Country subdivision (NUTS) : Miasto Warszawa ( PL911 )
Country : Poland
Contact point : Saglar Sarangova
Telephone : +48 50 642 46 72
Internet address : www.orsted.com
Information exchange endpoint (URL) : https://www.orstedprocurement.com/
Roles of this organisation :
Buyer

8.1 ORG-0020

Official name : Klagenævnet for Udbud, Nævnenes Hus
Registration number : 10294819
Postal address : Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Nordjylland ( DK050 )
Country : Denmark
Telephone : +45 72 40 56 00
Internet address : www.naevneneshus.dk
Roles of this organisation :
Review organisation

8.1 ORG-0021

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : 37795526
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Telephone : +45 41715000
Internet address : www.kfst.dk
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0000

Official name : Publications Office of the European Union
Registration number : PUBL
Town : Luxembourg
Postcode : 2417
Country subdivision (NUTS) : Luxembourg ( LU000 )
Country : Luxembourg
Telephone : +352 29291
Internet address : https://op.europa.eu
Roles of this organisation :
TED eSender
Notice information
Notice identifier/version : 36f16e25-d63c-47f4-a319-a4f6df165871 - 01
Form type : Competition
Notice type : Contract notice – light regime
Notice dispatch date : 20/02/2025 13:23 +00:00
Languages in which this notice is officially available : English
Notice publication number : 00119393-2025
OJ S issue number : 37/2025
Publication date : 21/02/2025