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The Public Contracts Regulations 2015, Section 6 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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6.—(1) The calculation of the estimated value of a procurement shall be based on the total amount payable, [F1inclusive] of VAT, as estimated by the contracting authority, including any form of option and any renewals of the contracts as explicitly set out in the procurement documents.
(2) Where the contracting authority provides for prizes or payments to candidates or tenderers it shall take them into account when calculating the estimated value of the procurement.
(3) Where a contracting authority is comprised of separate operational units, account shall be taken of the total estimated value for all those units.
(4) But where a separate operational unit is independently responsible for its procurement, or certain categories of its procurement, the values may be estimated at the level of the unit in question.
(5) The choice of the method used to calculate the estimated value of a procurement shall not be made with the intention of excluding it from the scope of this Part.
(6) A procurement shall not be subdivided with the effect of preventing it from falling within the scope of this Part, unless justified by objective reasons.
(7) The estimated value shall be calculated as at the moment at which the call for competition is [F2submitted] or, in cases where a call for competition is not foreseen, at the moment at which the contracting authority commences the procurement procedure (for example, where appropriate, by contacting economic operators in relation to the procurement).
(8) In the case of framework agreements and dynamic purchasing systems, the value to be taken into consideration shall be the maximum estimated value, [F3inclusive] of VAT, of all the contracts envisaged for the total term of the framework agreement or the dynamic purchasing system.
(9) In the case of innovation partnerships, the value to be taken into consideration shall be the maximum estimated value, [F4inclusive] of VAT, of the research and development activities to take place during all stages of the envisaged partnership as well as of the supplies, services or works to be developed and procured at the end of the envisaged partnership.
(10) In the case of public works contracts, the calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authority provided that they are necessary for executing the works.
(11) Where a proposed work or a proposed provision of services may result in contracts being awarded in the form of separate lots, account shall be taken of the total estimated value of all such lots.
(12) Where a proposal for the acquisition of similar supplies may result in contracts being awarded in the form of separate lots, account shall be taken of the total estimated value of all such lots when applying regulation 5(1)(b) and (c) (read with regulation 5(2)).
(13) For the purposes of paragraphs (11) and (12), where the aggregate value of the lots is equal to or greater than the relevant threshold mentioned in regulation 5, this Part applies to the awarding of each lot.
(14) Despite paragraphs (11) to (13), contracting authorities may, subject to [F5paragraphs (15) and (15A)], award contracts for individual lots without applying the procedures provided for by this Part, but only if the estimated value, [F6inclusive] of VAT, of the lot concerned is less than—
(a)[F7£70,778] for supplies or services, or
(b)[F8£884,720] for works.
(15) The aggregate value of the lots awarded in reliance on paragraph (14) shall not exceed 20% of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies, or the proposed provision of services, has been divided.
[F9(15A) Where a contracting authority F10... is unable to estimate in accordance with this regulation the value of one or more lots into which a proposed work, proposed acquisition of similar supplies or proposed provision of services has been divided, the aggregate value of the lots awarded in reliance on paragraph (14) shall not exceed 20 per cent of the aggregate value of all the lots that can be so estimated.]
(16) In the case of public supply or service contracts which are regular in nature or which are intended to be renewed within a given period, the calculation of the estimated contract value shall be based on either of the following:—
(a)the total actual value of the successive contracts of the same type awarded during the preceding 12 months or financial year adjusted, where possible, to take account of the changes in quantity or value which would occur in the course of the 12 months following the initial contract;
(b)the total estimated value of the successive contracts awarded during the 12 months following the first delivery, or during the financial year where that is longer than 12 months.
(17) In the case of public supply contracts relating to the leasing, hire, rental or hire purchase of products, the value to be taken as a basis for calculating the estimated contract value shall be as follows:—
(a)in the case of fixed-term public contracts, where that term is less than or equal to 12 months, the total estimated value for the term of the contract or, where the term of the contract is greater than 12 months, the total value including the estimated residual value;
(b)in the case of public contracts without a fixed term, or public contracts the term of which cannot be defined, the monthly value multiplied by 48.
(18) In the case of public service contracts, the basis for calculating the estimated contract value shall, where relevant be the following:—
(a)in the case of insurance services, the premium payable and other forms of remuneration;
(b)in the case of banking and other financial services, the fees, commissions payable, interest and other forms of remuneration;
(c)in the case of design contracts, the fees, commissions payable and other forms of remuneration.
(19) In the case of public service contracts which do not indicate a total price, the basis for calculating the estimated contract value shall be the following:—
(a)in the case of fixed-term contracts where that term is less than or equal to 48 months, the total value for their full term;
(b)in the case of contracts without a fixed term or with a term greater than 48 months, the monthly value multiplied by 48.
[F11(20) If a contracting authority F12... is unable to estimate the value of a procurement in accordance with this regulation, the estimated value of the procurement inclusive of VAT is deemed to be equal to the relevant threshold amount in regulation 5 (threshold amounts).]
Textual Amendments
F1Word in reg. 6(1) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(b)(i) (with reg. 7)
F2Word in reg. 6(7) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(7)(a) (with Sch. paras. 3-5)
F3Word in reg. 6(8) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(b)(ii) (with reg. 7)
F4Word in reg. 6(9) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(b)(iii) (with reg. 7)
F5Words in reg. 6(14) substituted (25.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), reg. 2(3)(a) (with reg. 5)
F6Word in reg. 6(14) substituted (1.1.2022) by The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (S.I. 2021/1221), regs. 1(1), 3(3)(b)(iv) (with reg. 7)
F7Sum in reg. 6(14)(a) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(7)(b) (with Sch. paras. 3-5)
F8Sum in reg. 6(14)(b) substituted (31.12.2020) by The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1319), regs. 1(2), 6(7)(c) (with Sch. paras. 3-5)
F9Reg. 6(15A) inserted (25.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), reg. 2(3)(b) (with reg. 5)
F10Words in reg. 6(15A) omitted (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), reg. 2(3) (with reg. 5)
F11Reg. 6(20) inserted (25.5.2023) by The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 (S.I. 2023/484), reg. 2(3)(c) (with reg. 5)
F12Words in reg. 6(20) omitted (26.5.2023) by virtue of The Public Procurement (International Trade Agreements) (Amendment) (Wales) (No. 2) Regulations 2023 (S.I. 2023/567), regs. 1(2), 2(3) (with reg. 5)
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