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Bartłomiej Ślemp

Associate
About

Bartłomiej advises private and public sector entities on all stages of the development of infrastructure investment projects, in particular those based on the PPP or concession formula, mainly in sectors such as transportation (roads, tramways, seaports), waste management, water and wastewater, public utility buildings (car parks, office buildings, medical facilities), renewable energy sources and R&D.

He supports clients by drafting, reviewing, and negotiating contracts in the investment process (including PPP, concession, EPC, O&M, and interface agreements) and contracts related to the financing of infrastructure projects (e.g. investment agreements, share purchase agreements and direct agreements concluded with financing institutions).

Bartłomiej also advises clients on the compliance of infrastructure projects with administrative law, including construction law, spatial development law, planning law and environmental law.

In addition, he concentrates on public procurement law, advising both contractors and contracting authorities at all stages of public procurement contract procedures and drafting appeals and other legal remedies, as well as representing clients before the National Appeals Chamber.

Bartłomiej also deals with matters related to public finance regulations. He has prepared analyses related to state budget finances and local government finances for public institutions and private entities. He has also authored legal opinions assessing the qualification of obligations under PPP agreements as public debt, the issuing of treasury bonds, and the contracting of other debt obligations by entities from the public sector.

He also advises clients on regulations relating to local government, municipal services, and state property management as well as municipality-owned and state-owned companies.

EXPERIENCE

  • Advisory for a private partner – advice at the stage of an offer preparation, judicial review of the offer, and execution of the PPP agreement on financing, design, construction, and operation of a thermal waste treatment plant in Gdańsk, one of the largest PPP projects in Poland in terms of value of the PPP contract.
  • Advisory for a public entity – comprehensive advice from the project preparation stage to the conclusion of the PPP agreement stage related to the project concerning the financing, design, construction, and maintenance of the Kraków Fast Tram line, one of the largest PPP projects in Poland in terms of value of the PPP contract, in particular, drafting pre-implementation analyses, preparation of project structure, consultancy related to the procedure of selecting a private partner, drafting and negotiation the PPP agreement and other tender documents, evaluation, and selection the most advantageous offer.
  • Advisory for a public entity – comprehensive advice at the stage of drafting pre-implementation analysis and preparation of project structure as well as drafting a tender notice related to the project concerning the financing, design, construction, and operation of the external seaport in Gdynia, the first seaport PPP project in Poland.
  • Advisory for a public entity – review and renegotiation of the concession agreement on financing, design, construction, and operation of bus/tram shelters in Warsaw; providing opinions on potential amendments to the agreement.
  • Advisory for senior lenders to the international consortium – review and renegotiation of the PPP agreement on financing, design, construction, and operation of a peak load boiler house and a thermal waste treatment plant in Olsztyn, one of the largest PPP projects in Poland in terms of value of the PPP contract; redrafting the EPC Contract, O&M Contract, and the Interface Agreement to secure their bankability; work on legal documents to obtain financing, support financing institutions after financing.
  • Advisory for a junior lender (Polish investment fund) – preparation and review of financing documents, including direct agreements, in a project concerning financing, designing, construction, and operation of car parks in Łódź and Warszawa; verification and renegotiation of project agreements, including PPP/concession, EPC and O&M agreements.
  • Advisory for a borrower – comprehensive advice with respect to obtaining financing from an international investment bank for the R&D project, including negotiation of financing documents, inter alia, the loan agreement, and the subscription warrant agreement, as well as corporate documents.
  • Advisory for an international (American) design company - public procurement advice at the stage of the submission of a request for participation in the tender proceeding related to the selection of a master architect for the Solidarity Transport Hub (airport) in Poland.
  • Advisory in M&A transactions related to infrastructure projects for:
    • a buyer (Hungarian oil company) – legal audit, negotiation, and redrafting of project and cooperation agreements as part of the transaction of purchase of a portion of an oil company's assets to implement a decision of the European authorities on the approval of an oil company merger in Poland;
    • a buyer (Norwegian energy company) – legal audit, drafting transaction documents in relation to the transaction consisting of the purchase of 100% of shares in the company, which develops photovoltaic and wind projects as well as the acquisition of a 1.6 GW portfolio of photovoltaic projects.
    • a seller (local self-government units and communal companies) – drafting and negotiating investment agreements related to the sale of shares in subsidiaries of local self-government units in the water supply and sewage sector; preparation of the project structure, transaction documents as well as necessary documents for the disposal of shares by units.
Languages
  • Polish
  • English
Education
  • University of Warsaw, Ph.D. candidate in law
  • University of Warsaw, M.A. in law, cum laude, 2019
  • Emory University, Georgia State University, University of Warsaw, Center for American Law Studies, 2017

Publications

  • Finances of territorial self-government units in the era of the Covid-19 pandemic in Poland and the efficient performance of public tasks by the territorial self-government – legal analysis of the most important systemic issues and alternative methods of financing municipal public tasks.
  • Constitutional status of local self-government units and the mechanism of horizontal equalization of their revenues - remarks on the jurisprudence of the Constitutional Tribunal.

Prior Experience

  • 2020 – 2022, Lawyer, Warsaw office of international law firm
  • 2017 – 2022, Lawyer, leading Polish law firm
  • 2016 – 2017, Lawyer, Polish infrastructure boutique law firm

Additional Information

  • Lecturer, researcher and doctoral student at Human Rights Department, Faculty of Law and Administration, University of Warsaw

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