Common use of Valuation of Contracts Clause in Contracts

Valuation of Contracts. 1. The following provisions shall apply in determining the value of contracts2 for purposes of implementing this Agreement. 2. Valuation shall take into account all forms of remuneration, including any premiums, fees, commissions and interest receivable. 3. The selection of the valuation method by the entity shall not be used, nor shall any procurement requirement be divided, with the intention of avoiding the application of this Agreement. 4. If an individual requirement for a procurement results in the award of more than one contract, or in contracts being awarded in separate parts, the basis for valuation shall be either: (a) the actual value of similar recurring contracts concluded over the previous fiscal year or 12 months adjusted, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or (b) the estimated value of recurring contracts in the fiscal year or 12 months subsequent to the initial contract. - Annex 2 contains sub-central government entities. - Annex 3 contains all other entities that procure in accordance with the provisions of this Agreement. - Annex 4 specifies services, whether listed positively or negatively, covered by this Agreement. - Annex 5 specifies covered construction services. Relevant thresholds are specified in each Party's Annexes. 2This Agreement shall apply to any procurement contract for which the contract value is estimated to equal or exceed the threshold at the time of publication of the notice in accordance with Article IX. 5. In cases of contracts for the lease, rental or hire purchase of products or services, or in the case of contracts which do not specify a total price, the basis for valuation shall be: (a) in the case of fixed-term contracts, where their term is 12 months or less, the total contract value for their duration, or, where their term exceeds 12 months, their total value including the estimated residual value; (b) in the case of contracts for an indefinite period, the monthly instalment multiplied by 48. If there is any doubt, the second basis for valuation, namely (b), is to be used. 6. In cases where an intended procurement specifies the need for option clauses, the basis for valuation shall be the total value of the maximum permissible procurement, inclusive of optional purchases.

Valuation of Contracts. 1. The following provisions shall apply in determining the value of contracts2 for purposes of implementing this Agreement. 2. Valuation shall take into account all forms of remuneration, including any premiums, fees, commissions and interest receivable. 3. The selection of the valuation method by the entity shall not be used, nor shall any procurement requirement be divided, with the intention of avoiding the application of this Agreement. 4. If an individual requirement for a procurement results in the award of more than one contract, or in contracts being awarded in separate parts, the basis for valuation shall be either: (a) the actual value of similar recurring contracts concluded over the previous fiscal year or 12 months adjusted: 1For each Party, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or (b) the estimated value of recurring contracts in the fiscal year or 12 months subsequent to the initial contract. Appendix I is divided into five Annexes: - Annex 2 contains sub-central government entities. - Annex 3 contains all other entities that procure in accordance with the provisions of this Agreement. - Annex 4 specifies services, whether listed positively or negatively, covered by this Agreement. - Annex 5 specifies covered construction services. Relevant thresholds are specified in each Party's Annexes. 2This Agreement shall apply to any procurement contract for which the contract value is estimated to equal or exceed the threshold at the time of publication of the notice in accordance with Article IX. (a) the actual value of similar recurring contracts concluded over the previous fiscal year or 12 months adjusted, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or (b) the estimated value of recurring contracts in the fiscal year or 12 months subsequent to the initial contract. 5. In cases of contracts for the lease, rental or hire purchase of products or services, or in the case of contracts which do not specify a total price, the basis for valuation shall be: (a) in the case of fixed-term contracts, where their term is 12 months or less, the total contract value for their duration, or, where their term exceeds 12 months, their total value including the estimated residual value; (b) in the case of contracts for an indefinite period, the monthly instalment multiplied by 48. If there is any doubt, the second basis for valuation, namely (b), is to be used. 6. In cases where an intended procurement specifies the need for option clauses, the basis for valuation shall be the total value of the maximum permissible procurement, inclusive of optional purchases.

Valuation of Contracts. 1. The following provisions shall apply in determining the value of contracts2 contracts 2 for purposes of implementing this Agreement. 2. Valuation shall take into account all forms of remuneration, including any premiums, fees, commissions and interest receivable. 3. The selection of the valuation method by the entity shall not be used, nor shall any procurement requirement be divided, with the intention of avoiding the application of this Agreement. 4. If an individual requirement for a procurement results in the award of more than one contract, or in contracts being awarded in separate parts, the basis for valuation shall be either: (a) the actual value of similar recurring contracts concluded over the previous fiscal year or 12 months adjusted: 1For each Party, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or (b) the estimated value of recurring contracts in the fiscal year or 12 months subsequent to the initial contract. Appendix I is divided into five Annexes: - Annex 2 contains sub-central government entities. - Annex 3 contains all other entities that procure in accordance with the provisions of this Agreement. - Annex 4 specifies services, whether listed positively or negatively, covered by this Agreement. - Annex 5 specifies covered construction services. Relevant thresholds are specified in each Party's Annexes. 2This Agreement shall apply to any procurement contract for which the contract value is estimated to equal or exceed the threshold at the time of publication of the notice in accordance with Article IX. (a) the actual value of similar recurring contracts concluded over the previous fiscal year or 12 months adjusted, where possible, for anticipated changes in quantity and value over the subsequent 12 months; or (b) the estimated value of recurring contracts in the fiscal year or 12 months subsequent to the initial contract. 5. In cases of contracts for the lease, rental or hire purchase of products or services, or in the case of contracts which do not specify a total price, the basis for valuation shall be: (a) in the case of fixed-term contracts, where their term is 12 months or less, the total contract value for their duration, or, where their term exceeds 12 months, their total value including the estimated residual value; (b) in the case of contracts for an indefinite period, the monthly instalment multiplied by 48. If there is any doubt, the second basis for valuation, namely (b), is to be used. 6. In cases where an intended procurement specifies the need for option clauses, the basis for valuation shall be the total value of the maximum permissible procurement, inclusive of optional purchases.