Order value calculation

The calculation of the contract value is regulated in Articles 8 to 9 of the Law on Public Procurement and Articles 23 to 24 of the Law on Public Procurement in the Sectors, and in Articles 6 to 14 of the Regulation on Public Procurement and Articles 6 to 14 of the Regulation on Public Procurement in the Sectors.

General information

When calculating the contract value, a distinction must be made as to whether it is a national or an International Affairs contract.

Calculation type national contract

A construction contract is subject to the national provisions if the sum of all individual construction contracts for a project is below the International Affairs thresholds or if it involves lots pursuant to Art. 9 Para. 3 of the Public Procurement Act (ÖAWG ) or Art. 24 Para. 5 of the Public Procurement Act (ÖAWSG ).

A supply or service contract is subject to the national provisions if the value of the individual construction contract is below the International Affairs thresholds or if it involves lots pursuant to Art. 9 Para. 4 ÖAWG Public Procurement Act or Art. 24 Para. 6 of the Public Procurement Act in the area of sectors.

Calculation type international contract

A construction contract is subject to the international provisions if the sum of all individual construction contracts of a project is above the international thresholds.

A supply or service contract is subject to the international provisions if the value of the individual construction contract is above the international thresholds.

Additional information

The contract value is estimated in good faith by the contracting authority in accordance with Article 8 paragraph 1 of the Law on Public Procurement or Article 23 paragraph 1 of the Law on Public Procurement in the Sectors. If the contracting authority provides for bonuses or payments to candidates or tenderers, it must take these into account when calculating the estimated contract value.

The contract value shall be determined in accordance with Article 8 paragraph 1 of the Public Procurement Act or Article 23 paragraph 1 of the Public Procurement Act in the sectors, excluding Value Added Tax Division.

The formation of lots is permitted and the contracting authority may determine the size and subject matter of the lots. In any case, the total value of all lots is decisive for the calculation of the contract value. If the contracting authority does not wish to divide the contract into lots, it must state the main reasons for its decision in the tender documents or the contract award notice. See Article 9(1) of the Law on Public Procurement or Article 24(1) of the Law on Public Procurement in the area of sectors.

For works contracts above the International Affairs thresholds, 20%, but not more than one million euros, are subject to national legal provisions. See Article 9(3) of the Public Procurement Act or Article 24(5) of the Public Procurement Act in the area of sectors.

For supply contracts above the international thresholds consisting of the procurement of similar supply services and for service contracts above the international thresholds, 20%, but not more than 80,000 euros, are subject to national legal provisions. See Article 9(4) of the Public Procurement Act and Article 24(6) of the Public Procurement Act in the area of sectors,

In the case of leasing, rental, hire or hire-purchase, the total value is decisive in the case of limited contracts, and the total value for four years in the case of open-ended contracts or where the duration of the contract is doubtful. See Article 7(1)(a) and (b) of the Ordinance on Public Procurement and Article 8(1)(a) and (b) of the Ordinance on Public Procurement in the Sectors.

In the case of public service contracts without a total price, the total value for the term of the contract, provided this does not exceed 48 months, shall be decisive in the case of fixed-term contracts. In the case of contracts with an indefinite term or a term of more than 48 months, the contract value is relevant for four years. See Article 7(2)(a) and (b) of the Ordinance on Public Procurement and Article 8(2)(a) and (b) of the Ordinance on Public Procurement in the Sectors.

In the case of periodic contracts, as well as standing contracts for supplies or services, either the actual total value of comparable public contracts from the previous 12 months or the previous financial year, if possible with adjustment of the quantities or costs, or the estimated total value during the 12 months following the first performance or for the entire duration of the contract shall be decisive. See Article 8(a) and (b) of the Public Procurement Regulation and Article 9(a) and (b) of the Public Procurement Regulation for the sectors.

Where public contracts provide for options on subsequent contracts, the value of the contract must be calculated taking into account the option rights and any renewals of the contract. See Article 9 of the Regulation on public procurement and Article 10 of the Regulation on public procurement in the sectors.

In the case of insurance services, the calculation of the contract value is based on insurance premiums and other charges. For banking and other financial services, fees, commissions and interest as well as other comparable remuneration must be taken into account. See Article 10 of the Regulation on public procurement and Article 11 of the Regulation on public procurement in the sectors.

In the case of design contests without the award of a service, the contract value is calculated on the basis of prize money, expenses of the jury and compensation to participants. See Article 11 of the Ordinance on Public Procurement and Article 12 of the Ordinance on Public Procurement in the Sectors.

In the case of public planning contracts, the contract values can be calculated separately for the individual categories of work such as architecture, engineering planning of all types and construction management. The basis for calculation is fees, commissions and other comparable remuneration for the relevant overall planning contract. See Article 12 (1) and (2) of the Ordinance on Public Procurement and Article 13 (1) and (2) of the Ordinance on Public Procurement in the Sectors.

In the case of public works contracts, where contracting authorities provide supplies or services necessary for the execution of the works, these must be taken into account when calculating the value of the contract. See Article 13 of the Public Procurement Regulation.

The value of a frameworkagreement or a dynamic purchasing system shall be calculated on the basis of the total estimated value of all contracts envisaged for the entire duration of the framework agreement or dynamic purchasing system. See Article 13a of the Public Procurement Regulation or Article 14 of the Public Procurement Regulation for the sectors.

The value of an innovation partnership to be taken into account corresponds to the estimated total value of the research and development activities to be carried out during all phases of the envisaged partnership, as well as the works, supplies or services to be developed and acquired at the end of the envisaged partnership.