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DZP represented industrial gas pipeline operator Gaz-System during the construction of Baltic Pipe, a strategic infrastructure project designed to increase Poland's energy security. This joint investment by Polish and Danish gas transmission system operators has created a new supply corridor on the European market.
Our law firm supported the client in both procurement and contractual issues relating to the construction of the offshore and onshore parts of the project.
The project was carried out by an interdisciplinary team at DZP led by Partners from the Infrastructure and Energy Practice Paweł Grzejszczak and Katarzyna Kuźma, and Wojciech Hartung, Counsel.
You can read about earlier stages of our advice on this project here:
I. Procurement advice:
DZP advised Gaz-System on developing a procurement structure enabling timely selection of contractors for both the offshore and onshore parts of the Baltic Pipe project and on regulations providing a basis for competitive contractor selection processes.
DZP's public procurement team also provided comprehensive advice in the tender procedures themselves, in terms of preparing procedure documentation, assessing bids and selecting a contractor.
As regards the offshore part of the project, DZP participated in two key procedures conducted by Gaz-System leading to the selection of a general contractor for the offshore section of the Baltic Pipe pipeline and a supplier of pipes for this section.
With regard to the onshore part of the project, DZP provided support in tender procedures for the selection of contractors for the onshore sections of the gas pipeline in Poland in, e.g. the following procedures:
II. Contractual advice
For the offshore part of the project, DZP prepared draft agreements for the selection of both the pipe supplier and the general contractor for the gas pipeline, and also played a leading role in negotiations with the participants in the tender procedures. DZP prepared individual versions of both agreements after successive negotiating rounds, and also provided legal assistance during the negotiations themselves and in reaching agreement on the client's negotiating strategy. Negotiations were held with leading international companies operating in the sector (negotiations were held with three companies in each procedure). Contracts were prepared in accordance with the international LOGIC standard, widely used for all types of offshore investments.
The work was groundbreaking – LOGIC standards had not previously been used in Poland on such a scale, for such large projects of fundamental importance to the country's energy security. DZP brought about the conclusion of both contracts.
DZP also provided legal assistance with the implementation of both LOGIC contracts (contracts with Europipe GmbH and Saipem Ltd.), interpreting contractual provisions, drafting annexes amending the contracts, clarifying issues that could lead to disputes with the contractors, and making arrangements for accounting for work carried out. Our advice also included the introduction of a uniform "mutual hold harmless" mechanism covering all contractors working for Gaz-System on the Baltic Pipe project, including contractors working under contracts other than the LOGIC contracts signed with DZP's participation.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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