The subject of the services advertised in the present case is the provision of legal advice services in connection with the examination, processing and notification of applications for financial aid that individuals and companies in connection with corona-related closures, restrictions on business operations or loss of revenue have asked.
The contractor provides legal advice services primarily in the areas of law described in more detail in section IV.1 of the service description. In addition, the contractor is also available for other legal issues arising in connection with the processing of applications for funding from the Corona economic aid or NRW economic aid programs. According to the framework agreement, the contractor supports both (1) the client, (2) in particular the five district governments of the state of North Rhine-Westphalia as current licensing authorities, (3) the hardship commission and (4) other third parties designated by the client.
The object of the present award procedure is the conclusion of a framework agreement, on the basis of which, from the award, the legal advice services described in the service description can be called up by the client to support the processing of applications. It is intended that the first individual call will be made with or immediately after the award of the framework agreement. For the total amount of remuneration for services under the framework agreement, an amount of EUR 6,500,000.00 gross, including any chargeable costs, is set as the remuneration ceiling. The estimated quantity for the fixed contract term in accordance with Section 3 (1) and (2) of the framework agreement is EUR 4,500,000.00 gross.
However, there is a budget reservation for the two optional contract extensions (cf. § 3 (3) and 4 of the framework agreement). Funds for these two periods have not yet been approved or released by the state parliament. It is currently not possible to determine whether and to what extent funds will be approved or released for the two optional contract extensions and depends in particular on the development of the corona pandemic and the further circulation of economic aid programs. The additional uncertainty that exists in this respect regarding the exercise of contract extension options is expressly pointed out. In this case, tenderers' claims against the client are excluded. This also applies in the event that the call for tenders is cancelled due to a possible budget lock or other requirements in connection with the corona pandemic or the scope of services changed.
The contractor is not entitled to an individual call. In particular, the client is not obliged to commission a certain minimum quantity of services.