Legal dimension of the Co-Use Alliance

The federal state interested in re-use shall inform FITKO of the re-use interest by means of a letter of expression of interest, unless this has already been done through bilateral exchanges with NRW. FITKO then actively contacts the post-utilisation federal state. Details on reuse will then be exchanged in a voting letter between NRW and the post-utilising federal state and communicated to FITKO after completion. A recruitment contract already deposited with FITKO as a draft forms the legal, contractual basis for the subsequent use. The voting letter is part of the recruitment contract. The procedure thus ensures simple and legal reuse. The FITKO acts as an intermediary between the two parties and ensures the low-threshold and legal reuse. The deployment is carried out through a chain of contractual relationships based on the Software-as-a-Service (SaaS) model. FITKO acts as an intermediary and concludes a SaaS contract with both sides in its own name and for its own account.

By providing the online services in the FIT store, we enable uncomplicated legal co-use.

For the joint use of online services within the framework of the so-called "NRW model" by municipalities, the signing of a framework agreement with a so-called "municipal representative" is necessary. This agreement is the basis for the joint use of nationwide developed and centrally operated EfA online services in accordance with public procurement law, in which all cross-service aspects are regulated. The framework agreement will be concluded on a one-off basis for all usable services, whereby the available services can be accessed for shared use in the next step.

In principle, four steps are foreseen for the reuse of online services under public procurement law:

• Intermediary's accession to the Inter-Public Agreement (IPA) as a basis for the general exchange of services (formal declaration of accession is sufficient)
• Conclusion of an individual cooperation agreement (ECV) between intermediaries for the specific service
• Conclusion of a framework agreement (FPA) between the intermediary and the municipality as a basis for the general exchange of services
• Sending an individual call-off (EA) by the municipality to the relevant intermediary for the specific service

1. Inter-public agreements (IOAs)

In order for the city of Dortmund to be able to use the service "Wohngeld" from Schleswig-Holstein, an IöV must first be concluded between the intermediary of the state (d-NRW) and the service provider (Dataport).

2. Individual Cooperation Agreement (ECV)

An EHIC including AVV is concluded between d-NRW and Dataport for a concrete exchange of services, in this case "housing allowance" (once per EfA service).

3. Framework Agreement (FPA)

An RV is concluded between d-NRW and the municipalities of the post-user country, in this case with the city of Dortmund (once for all services).

4. Individual retrieval (EA)

In order for the city of Dortmund to be able to use the "Wohngeld" service implemented by Schleswig-Holstein, it is sufficient for Dortmund to sign an individual call-off, including an AVV via d-NRW, for the specific exchange of services (once per EfA service). The "Wohngeld" service is then available for shared use in Dortmund.