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Paragraph 3 Concession contractsI1I2C1

United Kingdom

(1)

Paragraph 1 does not apply to the estimation of the value of a concession contract.

(2)

A contracting authority must estimate the value of a concession contract as the maximum amount the supplier could expect to receive under or in connection with the contract including, where applicable, amounts already received.

(3)

The amount a supplier could expect to receive includes the following—

(a)

amounts representing revenue (whether monetary or non-monetary) receivable pursuant to the exploitation of the works or services to which the contract relates (whether from the contracting authority or otherwise);

(b)

the value of any goods, services or works provided by the contracting authority under the contract other than for payment;

(c)

amounts that would be receivable if an option in the contract to supply additional services or works were exercised;

(d)

amounts that would be receivable if an option in the contract to extend or renew the term of the contract were exercised;

(e)

amounts representing premiums, fees, commissions or interest that could be receivable under the contract;

(f)

amounts received on the sale of assets held by the supplier under the contract.

Annotations

Modifications

C1

Sch. 3 applied in part (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))

Commencement

I1

Sch. 3 para. 3 not in force at Royal Assent, see s. 127(2)

I2

Sch. 3 para. 3 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))