Tender for German Legal Services to Ørsted

Description

Ørsted Services A/S and the companies mentioned in Tender Annex A of the Tender Conditions, are hereby inviting you to tender for German Legal Services to Ørsted. The contracting entity is tendering for a framework agreement (“Framework Agreement”) covering German legal services. • Lot 1: Full service except for areas of law covered by lot no. 2-3 • Lot 2: Regulatory advice within offshore wind • Lot 3: Employment and Labour Law The Contracting Entity intends to award two (2) suppliers the Framework Agreement for Lot 1, Lot 2 and award one (1) supplier for Lot 3. 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: Lot 1: Full service except for areas of law covered by lot no. 2 - 3 This lot covers all services not covered by lot no. 2 to 3, including, but not limited to the following areas of law; corporate Law, banking and finance; capital markets; construction law; real estate; antitrust/competition law (incl. state aid); disputes and litigation; energy law; financial regulation; GDPR; commercial contracts including contracts for sale and purchase of power and gas; corporate power purchase agreements; Anti-bribery and sanctions and M&A. It is a minimum requirement for participation that the tenderer employs 200 lawyers as of 1 March 2022, (in German: Rechtsanwälte/Rechtsanwältinnen) who are registered at the Bar Association (Rechtsanwaltskammer) The contracting entity intends to award two (2) suppliers with a Framework Agreement under this Lot, cf. section 8 for call offs under the agreements. Options 2 x 12 months extension. The tender is an open procedure with negotiation, where everyone who meets the minimum requirements stated in in III. 1.4 may submit a tender. The estimated total maximum value for this lot is 15-20 MEUR Lot 2: Lot 2 Regulatory advice within offshore wind. Lot 2: Regulatory advice within offshore wind. This lot covers specialist regulatory advice within offshore wind, including, but limited to: o All German and EU offshore wind-relevant energy laws, regulations, and policies relevant to offshore wind, including the German Renewable Energy Act (EEG) and the Offshore Wind Act (WindseeG). o Laws in Germany and in EU applicable to offshore wind, including those related to the transmission of electricity and functioning of the electricity market (e.g., the Energy Industry Act – EnWG), and the relevant regulators in the German market such as the Bundesamt für Seeschifffahrt und Hydrographie and the Bundesnetzagentur. o German, European and international maritime laws as well as German environmental and planning laws, as applicable to offshore wind farms, respectively. o Public law as it applies to offshore wind and the ability to suggest/manage claims, including the appropriate legal remedies against relevant regulators such as the Bundesamt für Seeschifffahrt und Hydrographie, the Bundesnetzagentur and transmission system operators. It is a minimum requirement for participation that the tenderer employs 10 lawyers as of 1 March 2022, (in German: Rechtsanwälte/Rechtsanwältinnen) who are registered at the Bar Association (Rechtsanwaltskammer). The contracting entity intends to award two (2) suppliers with a Framework Agreement under this Lot 2, cf. section 8 for call offs under the Framework Agreements. Options 2 x 12 months extension. The tender is an open procedure with negotiation, where everyone who meets the minimum requirements stated in in III. 1.4 may submit a tender. The estimated total maximum value for this lot is 2,5 - 4 MEUR Lot 3: Lot 3 Employment and Labour Law Lot 3: Employment and Labour Law This lot covers specialist within employment and labour law advice, but not limited to, advice on: o This lot covers specialist employment and labour law advice, including, but not limited to, advice on: o Works council negotiations/agreements and advice in works constitution law (“Betriebsverfassungsrecht”); o Employment contracts and working hours in the offshore sector; o Lines of command, responsibilities, and liability within matrix organisations; o Local governance vis-a-vis centralised decision-making processes in multi-national companies; o Employment-related disputes and settlements; o GDPR related to employments; o Income tax law; o Social security law including corporate pension systems/company pension/partial retirement; o Lease of employees and alternative legal structures and solutions. The Tenderer should note that there will often be physical meetings, negotiations and court hearings in Hamburg and Norddeich. It is a minimum requirement for participation that the tenderer employs 30 lawyers and at least 5 lawyers who are specialized within employment and labour law as of 1 March 2022, (in German: Rechtsanwälte/Rechtsanwältinnen) who are registered at the Bar Association (Rechtsanwaltskammer) The contracting entity intends to award one (1) supplier with a Framework Agreement under this Lot 3, cf. section 8 for call offs under the Framework Agreements. Options 2 x 12 months extension. The tender is an open procedure with negotiation, where everyone who meets the minimum requirements stated in in III. 1.4 may submit a tender. The estimated total maximum value for this lot is 1-1,5 MEUR