S.L. 601.9 Art. 55Use of an objective method in calculating estimated value.

(1) The estimated value of the concession shall be calculated using an objective method specified in the concession documents. When calculating the estimated value of the concession, contracting authorities and contracting entities shall, where applicable, take into account in particular:

(a) the value of any form of option and any extension of the duration of the concession;

(b) revenue from the payment of fees and fines by the users of the works or services other than those collected on behalf of the contracting authority or contracting entity;

(c) payments or any financial advantage in any form whatsoever made by the contracting authority or contracting entity or any other public authority to the concessionaire, including compensation for compliance with a public service obligation and public investment subsidies;

(d) the value of grants or any other financial advantages, in any form, from third parties for the performance of the concession;

(e) revenue from sales of any assets which are part of the concession;

(f) the value of all the supplies and services that are made available to the concessionaire by the contracting authorities or contracting entities, provided that they are necessary for executing the works or providing the services;

(g) any prizes or payments to candidates or tenderers.

(2) The choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of these regulations. A concession shall not be subdivided with the effect of preventing it from falling within the scope of these regulations, unless justified by objective reasons.