Danish

Tender for Polish Legal Services to Ørsted

Ørsted Services A/S and the companies mentioned in Tender Annex A of the Tender Conditions, are hereby inviting you to tender for Polish Legal Services to Ørsted.

The Contracting Entity is looking for law firms in Poland, that can provide a full service within a variety of law areas to Ørsted and within M&A.

The Contracting Entity is tendering for a Framework Agreement for two (2) lots.

• Lot 1: Full service except for areas of law covered by lot no. 2

• Lot 2: M&A Services

The Contracting Entity intends to award one (1) supplier the Framework Agreement for Lot 1 and award three (3) Suppliers the Framework Agreement for Lot 2.

The tenderer can bid for one or more lots.

The Framework Agreements will feature a duration of two (2) years, plus two (2) options to extend for one (1) year.

Lot 1: Full service except for areas of law covered by lot no. 2

This lot covers all services not covered by lot 2 (M&A services) below, including, but not limited to the explicitly mentioned law areas;

(a) corporate law;

(b) capital markets;

(c) banking and finance;

(d) employment and labour law;

(e) construction law;

(f) real estate;

(g) energy law;

(h) financial regulation;

(i) GDPR;

(j) competition law;

(k) EU tender law;

(l) state aid; and

(m) commercial contracts including contracts for sale and purchase of gas.

The Contracting Entity intends to award 1 supplier with a Framework Agreement under lot 1, cf. section 8 for call offs under the agreements.

Options 2 x 12 months extension.

The envisaged number of applicants (5) is not a maximum number as this is an open procedure with negotiation, where everyone who meets the minimum requirements stated in in III. 1.4 may submit a tender.

Lot 2 M&A Services

Lot 2: M&A Services

M&A services includes, but is not limited to:

o Large-scale national and cross-border transactions and restructurings.

o 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, fi-nance 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.

o Advice in relation to financings connected with energy or infrastructure joint ventures, acquisi-tions, or divestments.

o Assistance in M&A-related matters before authorities (e.g., in merger clearance proceedings)

o Other services directly or indirectly related to the foregoing irrespective of whether such advice in isolation may be covered lot 1.

The Contracting Entity intends to award three (3) Tenderers with a Framework Agreement for lot 2, cf. section 8 for call offs under the Framework Agreements.

Options 2 x 12 months extension.

The envisaged number of applicants (5) is not a maximum number as this is an open procedure with negotiation, where everyone who meets the minimum requirements stated in in III. 1.4 may submit a tender.

For Lot 1:

(a) It is a minimum requirement for participation that the Tenderer employs at least 50 advocates and/or legal advisers as of 22nd October 2021 in offices in Poland.

Lot 1 and Lot 2:

It is a minimum requirement for participation that a majority of the Tenderer’s employees carrying out the tasks covered by scope, are fluent in the English and Polish language and have passed the bar examination set either by the Polish Bar Council or National Council of Legal Advisers

The Framework Agreement will be awarded to the most economically advantageous tender and identified based on the best price-quality ratio

The estimated yearly spend is based on among other things historical data and our expectations to the future. The estimated total amount is indicative. See section 25.2 in the Framework Agreement.

Applicants in a consortium will be jointly and severally liable to the contracting entity for the fulfilment of the contract.

Guide on how to get access to tender material:

• Register on www.orstedprocurement.com under “Register Here” if you have not already done so

• Log-in to Jaggaer

• Click on “My RFIs”

• Click “RFI Open to All Suppliers”

• Click on the arrow in the search bar and choose if you want to search for RFI Description or Pro-ject Code. In the drop-down list, choose “Contains” and search in the blank field next to it and click “Search”. You can search for: rfp_635

• Click on the RFI

• Click ”Express Interest” and click “OK” to the pop-up messages

• The RFI is now moved over to “My RFI’s” and you can see the tender materials and create a re-sponse under “My Response”material”

• Uploaded information will be available to the Contracting Entity once you have pressed “Submit Response” in Ørsted’s Procurement Portal.

• Once the set Tender Deadline has expired, you will not be able to change or re-submit any doc-uments unless at the request of the Contacting Entity.

• The maximum size of individual files is 50 MB. You should look into whether it is possible to zip files which exceed the individual maximum of 50 MB. It is possible to submit multiple zipped files with a maximum size of 200 MB each.

• You are encouraged to test the system in good time before the Tender Deadline and contact the Contracting Entity via Ørsted’s Procurement Portal if you experience technical difficulties.