The subject of the contract is a framework agreement on legal advice services for the "Nuclear Law" department of the client. The services consist of consulting services on legal issues in the following German areas of law:
- Nuclear and radiation protection law
For example, it is about legal advice on the issuance or amendment of orders and their enforcement or the examination of individual legal issues in the context of approval procedures.
- Related areas of law such as administrative procedural law.
The services to be provided include:
a) Processing of ad hoc requests. This refers to simple written or telephone inquiries from the client, which can be answered within a processing time of 120 minutes either by telephone or by means of a simple written statement.
b) Processing of complex issues. This refers to written inquiries by the client that cannot be answered within a processing time of 120 minutes. These are questions that are more complex, but can usually be dealt with within a processing time of a maximum of 3 days and which do not require processing in the context of a legal opinion.
c) Preparation of up to two individual legal opinions per year from the above-mentioned legal areas (max. 50 pages per legal opinion).
The contract shall commence on the 1st day of the month following the award of the contract and shall end.
not later than three years after the award of the contract.
An optional extension of the contract by the client for another year is possible. The client (Client) must notify the contractor no later than 3 months before the end of the contract whether the extension option will be exercised. In the renewal year, the service modules are to be continued as described in sections II. 1. and III. of the service description.
The services provided or essential contents of these services must not -
also not published in abbreviated or otherwise modified form - without the consent of the client or otherwise used by the contractor.
Service calls can only be made by the "Nuclear Law" unit.
As a rule, the services are to be provided at the contractor's office.
The procedure for the provision of legal advice services for simple telephone and written queries and simple written legal statements (according to Section II.1. a of the Service Description) differs from the procedure for retrieving complex questions according to Section II.1.b) of the Service Description and Legal Opinions (Section II.1.c) of the Service Description).
Depending on the service to be provided, the following steps are decisive:
a) Retrieving simple legal advice services (ad hoc inquiries):
1. The client usually sends a specific, concrete advice requirement to the contractor by telephone or e-mail.
2. There is a direct provision of services.
3. The customer shall accept the services rendered.
4. The proper provision of services must be documented monthly before invoicing and confirmed by the client in writing.
5. Accounting has to be done quarterly to the client. The confirmed documentation must also be included.
The assessment of whether the service to be provided is the processing of an ad hoc request to be clarified within 120 minutes or whether it is a complex question is carried out by the contractor. If, in the opinion of the contractor, an ad hoc request requires a higher expenditure of time, he shall inform the client accordingly. In this case, the steps defined below for complex questions must be carried out.
b) and c): Retrieving complex issues and legal opinions:
1. The client submits a specific performance requirement for certain legal issues to the contractor. The contractor is also informed which quality expectations and acceptance criteria are used for the project project. On this basis, the contractor submits an offer with an effort estimate to the client within two working days. This expense estimate is the upper limit of remuneration.
2. The submitted offer is checked by the client. It is checked whether the range of services offered converges with the performance requirements. After a positive review, the submitted offer forms the basis for the project-specific retrieval of the service offered from the framework agreement.
3. The order is placed by the client in text form by e-mail to the contractor.
4. Upon acceptance of the service provided, it shall be checked and determined whether the quality expectations correspond to the predefined acceptance criteria. The acceptance is a prerequisite for the final invoice to be issued. It shall be carried out in text form by e-mail by the client to the contractor. The final invoice must be accompanied by proof of the hourly expenses.