Decision (EU) 2016/245 of the European Central BankShow full title

Article 5 Calculation of 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 ECB, including for any form of option and renewals specified in the contract notice. The calculation shall include ancillary costs, in particular premium payments, fees, interest, commission, travel and accommodation costs and prizes, payments and any other form of remuneration to be made to candidates or tenderers.

2. The estimate shall be valid at the time at which the ECB decides on the type of procurement procedure to use.

3. No procurement may be subdivided with the intention of avoiding the application of the procedures set out in this Decision. The calculation of the estimated value of a contract shall not be made with the intention of excluding it from the application of the procedures set out in Chapter II or Article 35.

4. The calculation of the estimated value of works contracts shall take account of the total costs related to the execution of the works including the value of products necessary for executing the works and placed at the contractor's disposal by the ECB. The costs related to the design and planning of the works shall also be included if they form part of the works contract.

5. With regard to contracts for the continuous supply of products and services, the value to be taken as a basis for calculating the estimated contract value shall, where appropriate, be the following:

(a) in the case of fixed-term contracts: the total value for the full term;

(b) in the case of contracts without a fixed term: the monthly value multiplied by 48.

6. In the case of successive supply, service or works contracts of the same type the calculation of the estimated contract value shall be based on the total actual value of the successive contracts awarded during the preceding 12 months. The estimate shall take account of any changes in quantity or value which are expected to occur in the course of the 12 months following the completion of the initial contract.

7. If a contract is divided into several lots, or if several contracts to be awarded are strictly interrelated and have the same objective, the combined value of all lots or individual contracts shall be considered. If the combined value is equal to or exceeds the threshold amounts set out in Article 4(3), the procedures laid down in Chapter II of this Decision shall apply to all lots and contracts. The ECB may, however, apply the procedure laid down in Article 35 or, if applicable, in Article 37 in respect of individual lots and contracts the estimated value of which is less than EUR 80 000, net of VAT, for supply and service contracts and less than EUR 1 million, net of VAT, for works contracts, provided that the total estimated value of all lots awarded pursuant to the procedures laid down in Articles 35 and 37 does not exceed 20 % of the total estimated value of all lots.

8. The value of an innovation partnership shall be calculated taking into account the maximum estimated value net of VAT of the research and development activities to take place during all stages of the envisaged partnership as well as of the products, services or works to be developed and procured at the end of the envisaged partnership.

9. The value of framework agreements and dynamic purchasing systems shall be calculated on the basis of the maximum estimated value net of VAT of all the contracts envisaged for the total term of the framework agreement or the dynamic purchasing system.