A framework agreement on the provision of legal services, in particular in the areas of public procurement, construction contract and architectural law, has been put out to tender. The intention is to conclude two framework agreements to meet the ever-growing procurement needs and to prevent capacity bottlenecks. The individual call-offs are shared between the contractors according to the criteria of order diversification and capacity. There is no entitlement to a minimum purchase quantity.
The framework agreements serve to cover the client's procurement needs in the areas of public procurement, construction contract and architectural law. The terms and conditions of the individual call-offs resulting from the framework agreement can be found in the model of the framework agreement annexed to the notice. The provision of legal services also covers matters covered by the exception of Section 116 (1) ARC (in particular representation in court proceedings), as this is the only way to ensure uniform advice, especially in the case of matters that are transferred from out-of-court to judicial advice.
If related to this, other areas of law may also be affected by the assignment.
It is envisaged that the service will be provided by two contractors, that two framework contracts will be concluded for this purpose.
The framework agreements will initially be concluded for a period of one year. These can be extended by one year at a time. The maximum term is 4 years.
The exact conditions for the optional extension are set out in the framework agreement.
The individual calls to be issued on the basis of the framework agreement shall be awarded on the basis of the criteria of contract dispersion, capacity and professional competence.
Total number of hours per year: approx. 750 h
Since the effort for the services to be provided cannot be described quantifiably, the total number of hours per year is only an estimate based on experience of previous years. The indication of the annual turnover only serves the value of the offers. There is no entitlement to the assignment of the above-mentioned number of hours. During the term of the framework agreement, therefore, neither a minimum nor a maximum purchase quantity is owed.
A claim to commissioning by the respective non-considered law firm does not exist.
It is possible to offer up to three hourly rates (partners, associates and non-lawyer legal staff) in the price sheet to be submitted (part of the offer), which become part of the contract in the event of a contract being awarded. The hourly rates must include the flat-rate ancillary costs incurred (office costs, telephone costs, etc.). For reasons of comparability, only the most expensive hourly rate is evaluated.