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5.—(1) The value of a contract is to be determined—
(a)by the contracting authority; and
(b)in accordance with this regulation.
(2) For the purposes of the Act and these Regulations, the value of a contract means the consideration (net of value added tax) which the contracting authority expects will be payable under the contract.
(3) The contracting authority must determine the value of a contract—
(a)in the case of a proposed contract under regulation 12(1) (calculation of POCO adjustment) or 61 (assessing whether a contract would be a qualifying sub-contract), either—
(i)at the date of the assessment under regulation 12(1) or 61 (as the case may be), or
(ii)at any later date on which it is proposed to enter into the contract,
whichever is the higher;
(b)in the case of a contract which is a qualifying defence contract by virtue of section 14(4) or (5), at the date of the amendment mentioned in section 14(4)(c) or (5)(b);
(c)in all other cases, the date the contract is entered into.
(4) In making that determination, a contracting authority must—
(a)where appropriate, take account of—
(i)any option contained in the contract and the likelihood that it will be exercised;
(ii)any effect which changes in the value of money are likely to have on the allowable costs it expects to be included in the contract price;
(b)exclude the value of any land, buildings, equipment, information, personnel or other resource that is provided by the Secretary of State;
(c)convert any amounts payable under the contract in a foreign currency to sterling, using a rate consistent with the contracting authority's accounting policies.
(5) Subject to paragraphs (6) and (12), where—
(a)the purpose of the contract is to fulfil a requirement for goods, works or services, and
(b)the contracting authority has also entered into, or proposes to enter into, one or more other contracts with the same person (or persons associated with that person) for the purpose of fulfilling that requirement,
the value of the contract is the aggregate of the consideration which the contracting authority has paid or expects to be payable under the contract and all of those other contracts or proposed contracts.
(6) For the purposes of paragraph (5)(b)—
(a)the contracting authority may disregard a contract if conditions A and B are met in relation to it;
(b)the contracting authority may disregard a proposed contract if, were it entered into on the terms proposed, conditions A and B would be met in relation to it.
(7) Condition A is that the contract has a value of less than £1,000,000.
(8) Condition B is that the aggregate value of—
(a)that contract, and
(b)any other such contract within paragraph (5)(b), each of which has a value of less than £1,000,000,
is less than 20% of the aggregate of the consideration which the contracting authority has paid or expects to be payable under all contracts entered into, or to be entered into, for the purpose of fulfilling the requirement mentioned in paragraph (5)(a).
(9) Where the contract is one of a series of contracts entered into, or to be entered into, by the contracting authority with a person (or any person associated with that person) for the purpose of fulfilling a requirement over a period for goods, works or services, the contracting authority may determine the value of the contract in accordance with either paragraph (10) or paragraph (11).
(10) The contracting authority may determine the value of the contract by taking the aggregate of the consideration payable under the contract and all other contracts which—
(a)have similar characteristics to the contract,
(b)are for the purposes of the requirement mentioned in paragraph (9), and
(c)have been entered into in the period of 12 months ending immediately before the time of agreement,
and adjusting that amount to take account of any expected changes in quantity and cost of the goods, works or services to be provided in the period of 12 months starting at the time of agreement.
(11) The contracting authority may determine the value of the contract by estimating the aggregate of the value of the consideration which the contracting authority expects to be payable under the contract and all other contracts, or proposed contracts, which—
(a)have similar characteristics to the contract;
(b)are for purposes of the requirement mentioned in paragraph (9); and
(c)will be entered into in the period of 12 months starting at the time of agreement.
(12) Where—
(a)the contract is for goods, works or services which are required for the sole purposes of a discrete operating unit within the contracting authority,
(b)the discretion whether to procure those goods, works or services has been devolved to that unit, and
(c)the decision to procure them is taken independently by that unit,
references in this regulation to other contracts and proposed contracts include only contracts entered into, or proposed to be entered into, for the sole purposes of that unit.
(13) In this regulation, “the contracting authority” means the party to the contract which is, or would be, liable to pay the contract price.