Sell2Wales.gov.wales uses cookies which are essential for the site to work. We also use non-essential cookies to help us improve government digital services. Any data collected is anonymised. By continuing to use this site, you agree to our use of cookies.

Accept cookies Cookie Settings

View Notice

Do you wish to record an interest in this notice?
Do you require any additional documents?

Notice Details

Title: Invitation To Tender for the Provision of Legal Services to Minesto UK Ltd
Published by: Minesto UK Ltd.
Publication Date: 25/03/2019
Deadline Date: 12/04/2019
Deadline Time: 17:00
Notice Type: Contract Notice
Has Documents: Yes
Has ESPD: No
Abstract: 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 parti

CONTRACT NOTICE – NATIONAL

SERVICES

1 Authority Details

1.1

Authority Name and Address


Minesto UK Ltd.

41-43 Market Street,

Holyhead, Isle of Anglesey

LL65 1UN

UK

Patrik Pettersson

+46 31290060


http://minesto.com/
www.sell2wales.gov.wales
www.sell2wales.gov.wales

1.2

Address from which documentation may be obtained

As in 1.1

1.3

Completed documents must be returned to:

As in 1.1

2 Contract Details

2.1

Title

Invitation To Tender for the Provision of Legal Services to Minesto UK Ltd

2.2

Description of the goods or services required

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.

NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at https://www.sell2wales.gov.wales/Search/Search_Switch.aspx?ID=90895.

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.sell2wales.gov.wales/sitehelp/help_guides.aspx.

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.

2.3

Notice Coding and Classification

79100000 Legal services
1011 Isle of Anglesey

2.4

Total quantity or scope of tender

It is hard to forecast the number hours. The past three years our needs have varied between one to three weeks per year.

3 Conditions for Participation

3.1

Minimum standards and qualification required

Prospective legal advisors should have understanding of the business environment surrounding the development of tidal stream technology.

In Lot 1, a number of key areas in the services required are so essential that if tenderers are not able to demonstrate expertise in these areas we would not want to further evaluates the proposal. We have indicated these key areas with an asterisk (*) in the above section 2.2 Description of the goods or services required.

4 Administrative Information

4.1

Type of Procedure

Single stage - Any candidate may submit a tender.

4.2

Reference number attributed to the notice by the contracting authority

14170

4.3

Time Limits

Time-limit for receipt of completed tenders
    12-04-2019  Time  17:00

Estimated award date
 13-05-2019

4.5

Language or languages in which tenders or requests to participate can be drawn up

EN 

4.6

Tender Submission Postbox

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at https://www.sell2wales.gov.wales/sitehelp/help_guides.aspx

5 Other Information

5.1

Additional Information

This ITT has two geographical foci. A local focus on Holyhead, Anglesey, and a focus on international tidal sites.

While WEFO’s Eligibility rules and conditions for support from the European Structural Funds 2014-2020 set out some of the ground rules for us, please note that Minesto is a private company and does not qualify as a “contracting authority” as defined in Directive 2004/18/EC of the European Parliament and of the Council. Minesto may therefore choose not to fully comply with requirements on contracting authorities as described in WEFO and EC guidelines.

This notice has been sent as a region specific notice. If you did not receive an alert about this you are not based in the specific region selected by the buying authority. Questions on why this was sent as a region specific notice should be sent to the buying authority.

(WA Ref:90895)

Relates to the following project/programme financed by EU Community Funds: Minesto projects may be part-funded through various public and private sources; our current partners are - The European Regional Development Fund (ERDF) through the Welsh Government. The ERDF funding is managed by the Welsh Government’s European Funding Office (WEFO). - InnoEnergy The requirement in this ITT may or may not be part funded by any of these development funds. Suppliers will be required to demonstrate that they have complied with the conditions of support for the applicable funding body.

- The European Regional Development Fund (ERDF) through the Welsh Government. The ERDF funding is managed by the Welsh Government’s European Funding Office (WEFO).

- InnoEnergy

The requirement in this ITT may or may not be part funded by any of these development funds.

Suppliers will be required to demonstrate that they have complied with the conditions of support for the applicable funding body.

5.2

Additional Documentation

L051-14170-ITT-001 ITT Legal Services to Min UK Ltd A02
AN2 L051-14170-SPC-001 Rq Spec Legal services Minesto UK Ltd A04
AN3 L051-14170-FRW-001 FA Legal Services UK A02
AN4 L051-14170-CNT-001 Minesto ToB for UK law firms A02
AN5 DGU0168 Contractor application form VER 5
AN6 Minesto Mutual Non-Disclosure Agreement
AN7 Minesto Invoice Policy_170419

5.3

Publication date of this notice

 25-03-2019

Information added to the notice since publication.

Additional information added to the notice since it's publication.
DateDetails
25/03/2019 13:45Changed deadline time for submission of tenders to 5 PM UK time.

Invitation To Tender
29/03/2019 14:46Updated ITT from version A02 to A03. Adjusted instruction on hourly rates in section 7.1 and Annex 1

Invitation To Tender
29/03/2019 15:26A more detailed response to question number 2

Here is a more detailed response to question number 2 that was submitted on 28/03/2019 at 11:24.

The Question was:
Good morning We have a couple of questions: 1. Are you able to provide approximate anticipated legal spend for each lot? 2. Would you be happy with a sub-contracted approach to delivering some of the services within a lot? Kind regard

Answer:
1. The total legal spend over the past three years was around 370 hours on Lot 1 and 50 hours on lot 2. This involved people as various levels. The future may differ from the past.
2. Yes, you can use subcontractors to deliver some of the services within a lot. Please then price the subcontractors' hours as clearly as you price your own.
04/04/2019 10:21REPLACED FILE: AN5 DGU0168 Contractor application form VER 5 with VER 5.1, now in GBP

Annex 5.1 Contractor Application Form, in GBP. EUR is now an option for those who would prefer that.
12/04/2019 14:08Have you dispatched your submission?

Dear Supplier candidates for Legal Services to Minesto UK Ltd, some of you have by now successfully dispatched tenders to the postbox here on Sell2Wales. Congratulations to you! I also see that some of you (only you know who you are) have uploaded tenders, but you have not DISPATCHed them. If you want to submit your tender, please make really sure that you at the last stage of the dialog click the "Dispatch" button. If you manage to do things right, Sell2Wales will send you an e-mail that confirms that your tender has been successfully Dispatched. I know it can be a bit tricky to navigate correctly and find the Dispatch button. If you need assistance, please do not hesitate to call the Sell2Wales helpline at +44 800 222 9004. They are very helpful and usually answer rather quickly.
If you have uploaded material to the postbox but changed your mind and do not want to tender, please withdraw you interest. There is a button to click for that.
I ask this because I need to know what is your intention.
If you need more time to sort out these technicalities, please call me on +46709397774 so we can discuss.
Best regards,
Patrik Pettersson
16/04/2019 12:36Deadline passed, postbox opened, evaluation started

Thanks to all who have submitted their tenders! We have now began the evaluation, which is expected to take about a month.
23/05/2019 16:49Evaluations nearly complete

Dear law firm and supplier candidate, Minesto has now passed the preliminary award date by ten days. We have been delayed due to other commitments. I just want to let you know that we have received many high-quality tenders and are approaching the end of our evaluations. We will inform you when we have more to say.
Best regards,
Patrik Pettersson
Main Contact: N/a
Admin Contact: N/a
Technical Contact: N/a
Other Contact: N/a

Commodity Categories

Commodity Categories
IDTitleParent Category
79100000Legal servicesBusiness services: law, marketing, consulting, recruitment, printing and security

Delivery Locations

Delivery Locations
IDDescription
1011Isle of Anglesey

Alert Region Restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

Alert Region Restrictions
Region
Gwynedd
Wrexham
Flintshire
Denbighshire
Conwy
Isle of Anglesey

Document Family

Hide related notices
MAR288723: Invitation To Tender for the Provision of Legal Services to Minesto UK Ltd
Publication Date: 25/03/2019
Deadline: 12/04/2019
Notice Type: Contract Notice
Authority name: Minesto UK Ltd.
JUL300734: Invitation To Tender for the Provision of Legal Services to Minesto UK Ltd
Publication Date: 08/07/2019
Notice Type: Contract Award Notice
Authority name: Minesto UK Ltd.

Further Instructions

The Buyer has attached further instructions with this notice. Please read these carefully and take the necessary action(s).

Record your interest in this notice and you will be automatically sent clarifications and deadline date changes etc. Please note that recording your interest does not automatically enter you into the tender process for this notice, you still have to submit your response by the deadline stated. To record an interest in this notice and add it to your interests list please click the Record your interest now button at the top of the page.

The awarding buyer has indicated that it will accept electronic responses to this notice via the Tender Submission Postbox facility.

Submit your tender response electronically in a secure environment.

To create an electronic response please click the Record your interest now button at the top of the page.

For more information on the Postbox Facility please refer to the user guide:

Ask the buyer any questions you may have relating to this notice. To ask the buyer a question or questions please click the Record your interest now button at the top of the page.

The following additional documents have been attached to this notice. To obtain these documents please select the individual file names below.

Alternatively, you can download all current documents (Zip File)

Current Documents

CreatedNameDescriptionSizeDownloads
25/03/2019 AN2 L051-14170-SPC-001 Rq Spec Legal services Minesto UK Ltd A04 Annex 2 Requirement Specification131.31 KB27
25/03/2019 AN3 L051-14170-FRW-001 FA Legal Services UK A02 Annex 3 Framework Agreement394.55 KB23
25/03/2019 AN4 L051-14170-CNT-001 Minesto ToB for UK law firms A02 Annex 4 Terms of Business139.39 KB27
25/03/2019 AN6 Minesto Mutual Non-Disclosure Agreement Annex 6 Non-Disclosure Agreement292.55 KB26
25/03/2019 AN7 Minesto Invoice Policy_170419 Annex 7 Invoice Policy137.91 KB21
29/03/2019 L051-14170-ITT-001 ITT Legal Services to Min UK Ltd A03 Invitation To Tender363.26 KB21
04/04/2019 AN5 DGU0168 Contractor application form VER 5.1 Annex 5.1 Contractor Application Form, in GBP. EUR is now an option for those who would prefer that.139.21 KB21

Replaced Documents

CreatedNameDescriptionSize
25/03/2019L051-14170-ITT-001 ITT Legal Services to Min UK Ltd A02Invitation To Tender367.49 KB
25/03/2019AN5 DGU0168 Contractor application form VER 5Annex 5 Contractor Application Form136.03 KB
25/03/2019L051-14170-ITT-001 ITT Legal Services to Min UK Ltd A02Invitation To Tender361.40 KB

Copyright © Sell2Wales