Regulation 47. Methods for calculating the estimated value of a contract

(1) The calculation of the estimated value of a contract shall be based on the total amount payable, net of VAT, as estimated by the contracting entity. This calculation shall take account of the estimated total amount, including any form of option and any renewals of the contract.

(2) Where the contracting entity provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the contract.

(3) Where the contracting entity is comprised of separate operational units, account shall be taken of the total estimated value for all the individual operational units: Provided that where a separate operational unit is independently responsible for its procurement or certain categories thereof, the values may be estimated at the level of the unit in question.

(4) The choice of the method used to calculate the estimated value of a contract shall not be made with the intention of excluding it from the scope of these regulations.

(5) A contract shall not be subdivided with the effect of preventing it from falling within the scope of these regulations, unless justified by objective reasons.

(6) The estimated value shall be valid at the moment at which the call for competition is sent or, in cases where a call for competition is not foreseen, at the moment at which the contracting authority commences the procurement procedure, for instance, where appropriate, by contacting economic operators in relation to the procurement.