In this article
- 1. What the tender base budget is and why it matters
- 2. Base budget, estimated value and tender amount
- 3. Regulatory framework: arts. 100 and 101 LCSP
- 4. Mandatory breakdown components
- 5. Step-by-step calculation for service contracts
- 6. Step-by-step calculation for supply contracts
- 7. Step-by-step calculation for works contracts
- 8. Wage cost and collective agreement
- 9. Common errors that trigger appeals
- 10. How to automate the calculation with AI
- 11. Frequently asked questions
1. What the tender base budget is and why it matters
The tender base budget (PBL in Spanish) is the maximum spending limit the contracting body is willing to commit to for the execution of the contract. It is the figure against which tenderers formulate their financial bid and the reference for assessing abnormally low tenders. Its correct determination is one of the essential elements of the file.
Beyond the financial dimension, the PBL fulfils a safeguard function: it evidences that the contracting body has studied the real cost of the contract and has not set an arbitrary figure. That is why article 100.2 LCSP requires it to be adequately broken down and that the breakdown appears in the file.
Warning: A PBL without a breakdown or manifestly insufficient to cover real costs (especially the wage cost under the collective agreement) is one of the most common grounds for annulment of specifications by the TACRC and for objections from the council auditor.
2. Base budget, estimated value and tender amount
These three concepts are frequently confused and have different functions:
Tender base budget (art. 100 LCSP): maximum contract amount with VAT itemised. Used for tenderers to bid and to control abnormally low tenders.
Estimated contract value (art. 101 LCSP): total amount excluding VAT taking into account the maximum possible duration, all envisaged extensions, potential modifications and lots. Determines the applicable procedure, the harmonised thresholds and OJEU publication.
Award amount: the final figure at which the contract is awarded after the successful bidder's offer. Always equal to or lower than the PBL.
Practical example: A 2-year service with an annual PBL of EUR 50,000 + VAT and the possibility of a 2-year extension has a total PBL of EUR 100,000 + VAT, but an estimated contract value of EUR 200,000 excluding VAT (2+2 years, including the envisaged extension).
3. Regulatory framework: arts. 100 and 101 LCSP
Article 100 LCSP regulates the tender base budget. Three paragraphs deserve special attention. Paragraph 1 requires VAT to be itemised. Paragraph 2 requires an adequate breakdown by components. Paragraph 3, introduced by LCSP 2017, requires contracting bodies to ensure the budget is adequate to market prices.
Article 101 regulates the estimated contract value. Its correct calculation is critical because it determines whether the contract must be published in the OJEU (harmonised thresholds) and which procedure applies. An error here can invalidate the entire file.
4. Mandatory breakdown components (art. 100.2)
Article 100.2 LCSP requires the breakdown to include, as a minimum:
Direct costs: those imputed directly to the service (direct labour, materials, amortisation of dedicated equipment). In personnel-intensive services this is the main component.
Indirect costs: those that cannot be assigned directly but are necessary (supervision, quality control, activity insurance, training).
Structural overheads: the running costs of the organisation imputable to the contract (management, administration, offices). Typically between 13% and 17% of the sum of direct and indirect costs.
Business profit: the business margin. In works, the General Regulation sets indicatively 6% on the material execution budget. In services and supplies, practice places it between 5% and 10%.
5. Step-by-step calculation for service contracts
In services, the wage cost typically represents 70–85% of the PBL. The correct methodology starts from the applicable collective agreement for the sector and professional category, calculates the total employer cost per hour and multiplies it by the estimated hours.
Example — cleaning service of 2,000 annual hours:
Annual gross agreement cost (cleaner category): per current wage tables of the provincial collective agreement.
+ Employer Social Security (approx. 30–32%).
+ Indirect costs (supervision, PPE, training): approx. 8–10% on direct cost.
+ Overheads: approx. 13% on the previous sum.
+ Business profit: 6% on the previous sum.
= PBL excluding VAT. VAT (21%) is applied to obtain the total PBL.
The economic Report must reflect this calculation explicitly, with hours, hourly cost per category and reference to the applicable agreement. Without this traceability, the specification is appealable.
6. Step-by-step calculation for supply contracts
In supplies the dominant component is the unit price of the good. The usual methodology:
Step 1: Consult at least three market prices (recent quotes, catalogues, the State Procurement Platform, history of awarded contracts).
Step 2: Calculate direct cost (product + transport + delivery + installation if applicable).
Step 3: Add indirect costs (extended warranty, initial maintenance, user training if any).
Step 4: Apply overheads and business profit at the usual percentages and, finally, VAT.
Practical tip: Preliminary market consultation (art. 115 LCSP) is a very useful tool for calibrating the PBL in technological or innovative supplies, where prices evolve quickly and historical references may be outdated.
7. Step-by-step calculation for works contracts
For works the PBL derives from the technical project and follows the classical structure of the General Regulation of the LCAP (RD 1098/2001):
Material execution budget (PEM): measurements at unit prices per the project price tables.
Overheads (13% of PEM) + Business profit (6% of PEM) = PBL excluding VAT.
VAT is then added (21% standard, 10% for certain social housing works) to obtain the total PBL.
The technical project, with its measurements and price tables, is the document that gives traceability to the calculation and meets the breakdown requirement of art. 100.2 LCSP.
8. Wage cost and collective agreement: the most audited component
Additional provision 24 of LCSP, together with the consolidated case law of the TACRC, require the PBL to respect as a minimum the remuneration under the applicable sectoral collective agreement. This is the check that generates the most appeals in personnel-intensive services: cleaning, security, caretaking, home care, gardening.
Practical rule: Always identify the applicable collective agreement (provincial if it exists, national sectoral otherwise), cite it explicitly in the specification, and calculate the total employer hourly cost (base salary + supplements + pro rata of extra payments + holidays + employer Social Security). Trade unions and tenderers themselves are the first to detect infringements and lodge appeals.
9. Common errors that trigger appeals
Error 1: Total absence of breakdown — specifications stating "EUR 15,000 + VAT" with no further explanation. Direct infringement of art. 100.2.
Error 2: Confusing estimated value and tender base budget in the official platform publication.
Error 3: Wage cost below agreement. Particularly when a PBL from previous years is reused without updating wage tables.
Error 4: Failing to include employer Social Security costs in the hourly cost (only the worker's gross salary is computed).
Error 5: Forgetting to consider envisaged extensions and modifications when calculating the estimated value. If the harmonised threshold is exceeded, the procedure should have been published in the OJEU.
These five errors explain most appeals upheld on PBL grounds. All are detectable with a checklist before file approval, and many can be identified by automated validation systems.
10. How to automate the calculation with AI (without losing technical responsibility)
PBL calculation is repetitive, rule-based and highly susceptible to careless errors. It is therefore an ideal use case for automated assistance: the officer provides judgement and responsibility; the system performs the mechanical verifications that free up time.
What a specialised tool can automate
Hourly cost calculation per agreement
Import of current wage tables from the applicable agreement and automatic calculation of the employer cost per professional category, including Social Security, extra payments and holidays.
Verification of mandatory components
Validation that the breakdown contains the four blocks (direct costs, indirect costs, overheads, business profit) and alert if any is missing.
Estimated value calculation
Automatic calculation considering extensions, envisaged modifications and lots, with alert if the harmonised threshold is exceeded and the contract must be published in the OJEU.
Market price comparison
Cross-check with similar contracts already awarded in the public procurement platform to verify the PBL is within market range and prevent auditor objections.
Specialised generative AI tools such as LicitadIA draft the economic Report with the full breakdown up to date with the current agreement, ready for technical review. Final legal and technical responsibility remains with the signatory, but time spent on mechanical calculations drops drastically. For further reading, see our guide on common errors in procurement specifications, or request a demo with your own contracts.
Frequently asked questions
What happens if I do not break down the tender base budget?
Failing to provide the breakdown by components (direct costs, indirect costs, overheads and business profit) infringes article 100.2 of LCSP 9/2017 and constitutes a formal defect subject to special procurement appeal. The TACRC has annulled specifications on this ground, particularly when the contract is labour-intensive and the wage cost per professional category is not detailed. The practical consequence is the rollback of the file to the moment prior to the defect, which entails republishing the tender and restarting the deadlines.
Is VAT included in or excluded from the tender base budget?
The tender base budget must be expressed with VAT itemised but included as the total figure, under article 100.1 LCSP. The correct format is to state the amount excluding VAT, the applicable tax rate, and the amount including VAT. The estimated contract value (art. 101 LCSP) is always calculated excluding VAT and is used to determine the applicable procedure and publication thresholds. Confusing the two is one of the most frequent errors in platform notices.
How do I justify the business profit in a service contract?
Business profit must be calculated as a reasonable percentage on the sum of direct costs, indirect costs and overheads. For works, the General Regulation of the LCAP sets indicatively 6% on the material execution budget. For services and supplies, LCSP does not fix a specific percentage, but consolidated practice places the reasonable business margin between 5% and 10%. What matters is that the justification appears in the economic Report of the file and that the applied percentage is consistent with similar contracts of the same organisation or sector.
What if the PBL calculation were generated automatically and updated to the current agreement?
LicitadIA drafts the economic Report with the full breakdown per art. 100 LCSP, validates the wage cost against the current collective agreement and alerts on the most frequent errors before publication.
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