Public procurement in Spain

Abnormally low tenders in Spain: calculation

An unusually low price does not automatically exclude a bid. First identify the parameters in the tender documents and the applicable legal rule; a calculation can flag a presumption, not replace the justification process.

Open the calculator (Spanish interface)

Choose the applicable rule first

LCSP Article 149 distinguishes the relevant assessment depending on the award criteria and tender conditions. The regulation’s Article 85 parameters concern their specific scenario; they are not a universal test for every Spanish procurement. If the tender provides a different applicable parameter or uses several award criteria, do not silently substitute a default price-only formula.

Keep the inputs comparable

Use prices for the same scope, lots, duration and tax basis. Confirm which bids and related-company rules are relevant to the calculation. Do not combine a unit price with another bidder’s total contract price. Preserve the list of inputs and the source that establishes which offers belong in the calculation.

What a calculator must show

The output should identify the selected scenario, formula, reference amount, exclusions or recalculated mean and comparison boundary. Equality at a boundary is not the same as exceeding it. If the rule or a required input is missing, the tool should stop with that reason rather than produce a legal conclusion.

Justification is a separate step

A flagged offer requires the procedure and assessment provided by the applicable rules. The bidder may need to explain costs and viability; being below a numerical boundary does not itself decide exclusion. A historical sector median is also not a legal threshold for abnormality.

Illustrative example and caution

Illustrative example under Article 85’s standard one-bid scenario: against a comparable budget of 100, an offer below 75 triggers the numerical presumption; equality at 75 does not. This is not a universal test: check the tender and the conditions explained above. The linked interactive calculator is in Spanish; this page provides English guidance, not translated controls.