Art. 15 Determining the value of the contract
1 The contracting authority shall estimate the probable value of the contract. 2 A public contract may not be split up in order to circumvent provisions of this Act. 3 When estimating the value of the contract, all of the goods, work and services to be put out to tender, as well as remuneration that is closely related materially or legally, must be taken into account. All remuneration components must be taken into account, including extension options and options for subsequent contracts, as well as all expected premiums, fees, commissions and interest, excluding value added tax. 4 In the case of fixed-term contracts, the contract value is calculated on the basis of the total remuneration over the entire term, including any extension options. As a rule, the fixed term may not exceed 5 years. A longer term may be envisaged in justified cases. 5 For open-ended contracts, the contract value is calculated by multiplying the monthly remuneration by 48. 6 In the case of contracts for goods, work or services required on a recurring basis, the contract value is calculated on the basis of the remuneration paid for such goods, work or services during the last 12 months or, in the case of an initial contract, on the basis of the estimated requirements over the next 12 months. |