Order value calculation

The calculation of the contract value is set out in Articles 8 to 9 of the Law on Public Procurement or inArticles 23 to 24 of the Act on Public Procurement in the Field of Sectors, and in the Articles 6 to 14 of the Ordinance on Public Procurement or in the Articles 6 to 14 of the Ordinance on Public Procurement in the Field of Sectors.

General

When calculating the value of the contract, a distinction must be made as to whether it is a national or international contract.

Calculation type national order

A construction contract is subject to national regulations if the sum of all individual construction contracts of a project is below the international thresholds or if they are lots according to Art. 9 para. 3 ÖAWG Law on Public Procurement or. Art. 24 para. 5 ÖAWSG Law on Public Procurement in the Sectoral Field.

A supply or service contract is subject to national provisions if the value of the individual construction contract is below the international thresholds, or if it involves lots pursuant to Art. 9 para. 4 ÖAWG Gesetz über das Öffentliche Auftragswesen resp. Art. 24 para. 6 of the Law on Public Procurement in the Field of Sectors.

Calculation type of international contract

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

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

Additional information

The contract value is determined in accordance with Article 8(1) of the Law on Public Procurement or in accordance with Article 23 paragraph 1 of the Law on Public Procurement in the Field of Sectors, according to faithful and belief by the contracting authority. If the contracting authority provides for bonuses or payments to candidates or tenderers, it shall take these into account when calculating the estimated contract value.

The contract value shall be determined in accordance with Article 8(1) of the Public Procurement Act or in accordance with Article 23 paragraph 1 of the Law on Public Procurement in the Field of Sectors, without taking into account the VAT.

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

For construction contracts above the international thresholds, 20%, but maximum one million euros, is subject to national legal requirements. See Article 9(3) of the Law on Public Procurement or according to Article 24(5) of the Law on Public Procurement in the Field 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 maximum 80,000 euros, are subject to national legal provisions. See Article 9(4) of the Law on Public Procurement or Article 24(6) of the Law on Public Procurement in the Sectoral Field,

In the case of leasing, renting, leasing or hire-purchase, the total value shall be decisive in the case of limited contracts, and the total value for four years shall be decisive in the case of unlimited contracts or if the duration of the contract is doubtful. See Article 7(1)(a) and (b) of the Ordinance on Public Procurement or Article 8(1)(a) and (b) of the Ordinance on Public Procurement in the Field of Sectors.

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

For regular contracts as well as for continuous contracts for supplies or services, either the actual total value of comparable public contracts from the preceding 12 months or the preceding fiscal year, adjusted for quantities or costs if possible, or the estimated total value during the 12 months following the first performance or for the total duration of the contract shall be decisive. See Article 8 letters a) and b) of the Ordinance on Public Procurement or Article 9 letters a) and b) of the Ordinance on Public Procurement in the Sectoral Field.

If public contracts provide for options on subsequent contracts, the contract value must be calculated by including the option rights and any extensions of the contract. See Article 9 of the Ordinance on Public Procurement or Article 10 of the Ordinance on Public Procurement in the Field of Sectors.

For 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 Ordinance on Public Procurement or Article 11 of the Ordinance on Public Procurement in the Field of Sectors.

For planning competitions without awarding 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 or Article 12 of the Ordinance on Public Procurement in the Sectoral Field.

In the case of public planning contracts, the contract values may be calculated separately for the individual types of work such as architecture, engineering planning of all types and construction management. Fees, commissions as well as other comparable remunerations of the relevant entire planning order shall be considered as the basis for calculation. See Article 12 (1) and (2) of the Ordinance on Public Procurement or Article 13 (1) and (2) of the Ordinance on Public Procurement in the Field of Sectors.

If contracting authority provides supplies or services in public construction contracts that are necessary for the performance of the work, these are to 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 dynamic procurement system is calculated based on the total estimated value of all contracts planned for the entire term of the framework agreement or dynamic procurement system. See Article 13a of the Public Procurement Regulation or Article 14 of the Sector Procurement Regulation.

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