Poland – Legal services – Świadczenie kompleksowej obsługi prawnej Dyrekcji Rozbudowy Miasta Gdańska

The subject of the order is divided into two scopes: Scope No. 1 – basic: providing comprehensive legal services to the Directorate for the Development of the City of Gdańsk (DRMG). Scope No. 2 – option: assigning an additional person to provide comprehensive legal services to the Directorate for the Development of the City of Gdańsk (DRMG).

A. Scope No. 1 – basic.

1. The subject of the order is to provide comprehensive legal services to the Directorate for the Development of the City of Gdańsk (DRMG) in the following scope:

1) public procurement in the scope specifically defined in point 2;

2) comprehensive legal advice at the investment preparation stage, including in the scope of administrative proceedings (e.g. related to obtaining administrative decisions, permits, consents required to start construction work or required within the investment and construction process), verification of other documents related to the implementation of the investment and construction process (e.g. contracts, agreements with network managers, other public administration units or other entities) and in obtaining consents for the disposal of real estate for construction purposes;

3) legal services related to the current operation of the ordering party, including training on issues indicated by the ordering party, related to the topic related to issues covered by legal services;

4) legal advice in the scope of the implementation of concluded contracts, including the analysis and opinion on matters related to claims made during the implementation of contracts and after their completion;

5) formal and legal verification of documents in the scope of claims submitted by contractors during the implementation of contracts and after their completion;

6) formal and legal verification of subcontracts;

7) representation in proceedings in the field of public finance discipline;

8) legal services related to warranty and complaint services related to completed contracts;

9) legal services taking into account the legal conditions of the ordering party as an organizational unit of local government, including in particular in the scope of its internal organization and employment matters;

10) process agency in all arbitration or conciliation proceedings, or before courts, tribunals or other public bodies of a Member State of the European Union, third countries or before international courts, tribunals, arbitration or conciliation bodies entrusted by the ordering party, including in particular the analysis of files, preparation of procedural documents and participation in procedural activities;

11) legal services in the field of personal data protection in accordance with the requirements indicated in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, including in particular: consultations, audits, preparation of policies, procedures, documents, representation before supervisory bodies and other activities resulting from the legal obligations of the Ordering Party as a data controller (excluding the performance of the duties of the data protection inspector);

12) participation in determining the strategy for conducting cases, verification and opinion on correspondence sent to contractors, subcontractors, authorities and other persons and entities, as well as drafting, at the request of the Ordering Party, drafts of documents, positions and other documents necessary for the implementation of the tasks of the Ordering Party on the basis of the determined strategy in the formal-legal scope;

13) participation, at the request of the Ordering Party, in the case of key investments, in construction councils, in meetings with contractors or other institutions.

2. Due to the limited number of characters, the remaining information regarding the description of the subject of the order is in section 5.1.6. Additional information.

3. The legal services will be provided at the seat of DRMG, at the seat of the contractor and at other places according to the current needs of the ordering party.

4. The ordering party requires the assignment to the implementation of the subject of the order of at least five persons (Legal Adviser/Lawyer) and assumes that these persons will provide services at the seat of DRMG during the working hours of DRMG for five days a week and persons (Team Leader/Coordinator) providing services for the ordering party for at least 16 hours a week, generally at the seat of DRMG with the reservation of the provisions of PPU.

5. To illustrate the workload, the ordering party informs that:

1) the estimated number of hours of implementation of the current ongoing legal services (does not include activities related to process agency, as mentioned in item 1 point 10) is approximately 850 h per month;

2) the number of announced tenders in 2024 was approximately 150 proceedings, in 2025 it was approximately 170 proceedings, and in 2026, by the date of announcement of this proceeding, approximately 100 proceedings were initiated; in 2024 approximately 350 contracts were concluded, in 2025 approximately 300 contracts were concluded, and in 2026, by the date of announcement of this proceeding, approximately 200 contracts were concluded; the number of extrajudicial proceedings in 2024 was approximately 220 proceedings, in 2025 it was approximately 160 proceedings, and in 2026, by the date of announcement of this proceeding, approximately 120 proceedings were initiated;

3) the number of arbitration or conciliation proceedings, or before courts, tribunals or other public bodies of a Member State of the European Union, third countries or before international courts, tribunals, arbitration or conciliation bodies is approximately 70. The above information is to illustrate the workload, the specificity of the task, the degree of complexity.

B. Scope No. 2 – option.

The subject of the order is to assign an additional person to provide comprehensive legal services to the Directorate for the Development of the City of Gdańsk (DRMG).