Description of the contract
We have divided the services we intend to procure for Minesto UK into two lots:
• Lot 1 relates to legal issues surrounding site development,
• Lot 2 relates to general business law.
You may tender for one or both lots.
Minesto is engaged in several projects and pursues market development initiatives to facilitate installations of the company’s technology and establish the product on the global energy market. Please see section 5 “Project Background” in the Invitation to Tender for more information. This marine technology and projects of this sort are relatively novel and challenging. Minesto wishes to procure legal advisors who have the relevant specialist expertise and experience.
Minesto has a regular need for - and intends to procure legal services within - the following areas of law within the jurisdiction of the United Kingdom, and in the English language:
LOT 1: LEGAL SERVICES RELATED TO SITE DEVELOPMENT
1 General Procurement
• The particular challenges associated with the tidal stream sector and advising on appropriate procurement options/strategy and project documents.*
• The various funding arrangements available and used in the tidal stream energy sector and the impact of these upon the project documents including likely investor/funder requirements.*
2 Consenting
• Advising on the legal aspects of and legal reviews of environmental impact assessments for marine energy projects including complex Habitats Directive issues.*
• Reviewing and inputting to planning and consenting strategies for tidal stream power, including Section 36, marine licences and planning consents.*
• Advising on consenting aspects of major energy projects in or off North Wales.
• Advising on the legal aspects of onshore planning consents for tidal stream energy projects.*
• Managing and negotiating permits for marine licences and Section 36 consents and the conditions attached to them.*
• Negotiating with the Crown Estate regarding marine energy projects.
• Advice to include future proofing.
3 Grid
• Advising on shared grid connection arrangements relating to energy projects.*
• Advising on cable ownership and consenting.
• Advising on distribution and transmission connections for marine energy projects.*
• Advising on strategy and providing legal support with negotiations and contracting for infrastructure shared with a third party regarding division of liability, access and benefits.
4 Land and Leasing
• Advising on and providing practical support for securing access for infrastructure and construction, including title searches.
• Advising on land acquisition and leasing arrangements relating to energy projects, both in Wales and Northern Ireland.*
• Advising on CPO rights and actions for marine energy projects.
• Advising on Crown Estate leases and licensing awards and amendments to those documents for marine energy projects.*
• Dealing with onshore wayleaves, easements, options/leases and site assembly and rights of access over land and foreshore both with The Crown Estate and other owners and occupiers, for marine energy projects.*
5 Construction and Engineering
• In addition to the general requirements for procurement and funding, advising marine energy developers on the drafting and negotiation of appropriate engineering and construction package documents for tidal stream projects.*
• Advising marine energy developers on the drafting and negotiation of an appropriate operation and maintenance suite of contracts for tidal stream projects.*
• Advising marine energy developers on the drafting and negotiation of appropriate security documents for tidal stream projects.
6 State Aid
• Advising on state aid issues attached to marine energy projects.*
7 Power Purchase
• Advising and negotiating power offtake contracts for marine energy projects.*
• Advising on the incentives available to tidal stream projects in the UK.*
8 Representation
• Where necessary – representing Minesto at meetings with third parties (regulators, contractual partners).
LOT 2: LEGAL SERVICES RELATED TO GENERAL BUSINESS LAW
1 Corporate Law
• Advising on structuring entities holding marine energy projects and on alternative corporate structures.
• Advising on investment agreements, shareholder arrangements and corporate law advice around shares and shareholder loans.
• Company law, corporate compliance governance and responsibilities, company formation, director’s duties and liabilities, share management, disclosure and transparency rules etc.
2 Business Law
• Minesto has a need for legal services within contract law. This includes, without limitation, the negotiation, drafting and review of purchasing agreements, supplier agreements, contractor agreements, consortium agreements, non-disclosure agreements and agreements regarding governmentally funded projects. Minesto requires the presumptive provider to be able to write, negotiate and to give legal advice on such agreements, as well as to assist the company in arbitration and litigation within the field of contract law, including providing advice on indemnity insurance. Furthermore, Minesto requires assistance and advice regarding due diligence of the Company.
3 Employment
• Minesto has about 30 employees (and growing) and requires legal services in the field of employment law regarding drafting of employment contracts, termination of employment contracts, negotiations and contact with trade unions, and arbitration and litigation within the field of employment law.
4 Representation
• Where necessary – representing Minesto at meetings with third parties (regulators, contractual partners).
5 Intellectual property
• Minesto demands legal services to protect and develop their intellectual property rights. Matters concerning intellectual property include, but is not limited to, negotiation, drafting and review of licensing agreements, negotiation, drafting and review of development agreements, review of Minesto has furthermore a need for legal services regarding filing applications patents and trademarks and listings of registrations, representation concerning licensing agreements and research and developmental projects, cross-border consortiums etc, including legal matters relating to both matters arising in corporate entities as well as universities and other institutions.
6 Dispute Resolution
• Primarily concerning resolution of contractor-related commercial disputes.
• Also concerning purchase and transfer of goods and services, employment matters, general business law etc.
• Also concerning intellectual property and the company’s core business.
7 International network
• Minesto does business on a global basis. Preferably, the contractor should be able to provide information regarding the contractor’s legal network, and availability to on short notice provide advice on and access to legal expertise in other jurisdictions where Minesto does business by sub-contracting legal services from collaborating law firms.
|