Article 179. Threshold and methods for calculating the estimated value of concessions.

1. The value of a concession is made up of the total turnover of the concessionaire generated for the entire duration of the contract, net of VAT, estimated by the granting body, as consideration for the works and services covered by the concession, as well as for ancillary supplies to such works and services. 2. The value is estimated at the time the concession notice is sent or, in cases where no such notice is provided, at the time the granting body starts the concession award procedure. If the value of the concession at the time of award is higher than the estimated value by more than 20 percent, the value of the concession at the time of award is considered. 3. The estimated value of the concession is calculated according to an objective method specified in concession tender documents. The granting bodies also take into account, where appropriate, the following elements: a) the value of any option clauses; b) the revenues deriving from the payment, by users of the works and services, of various tariffs and fines from those collected on behalf of the granting body; c) payments or any financial advantage conferred to the concessionaire in any form by the granting body or other public administrations, including compensation for the fulfillment of a public service obligation and public investment subsidies; d) the value of the subsidies or any other financial advantage in any form conferred by third parties for the implementation of the concession; e) the revenue deriving from the sale of assets forming part of the concession; f) the value of all the supplies and services made available to the concessionaire by the granting bodies, provided that they are necessary for the execution of the works or the provision of the services; g) any premium or payment to candidates or tenderers. 4. The choice of method for calculating the estimated value of the concession cannot be made with the intention of excluding such concession from the scope of application of the code. A concession cannot be split up in order to avoid it falling within the scope of application of the code, unless objective reasons justify it. 5. When a proposed work or service may give rise to the award of a concession in batches separated, the estimated overall value of the lots is calculated. 6. When the overall value of the lots is equal to or greater than the threshold referred to in article 14, this Part applies to the awarding of each lot. EFFECTIVE FROM: 1st July 2023