Basic Item in Procurement Law 2026
Basic item refers to a mandatory single item in the bill of quantities that the bidder must offer and price.
Definition: A basic item is a mandatory single item in the bill of quantities of a procurement procedure whose execution the contracting authority demands without exception and which the bidder must price in full; it stands in contrast to an alternative item or contingent item.
Last updated: January 2026 · Legal basis: ÖNORM A 2063; VOB/A; BVergG 2018
What is a basic item?
The basic item is the fundamental building block of the bill of quantities: it describes a specifically required partial service, with quantity, unit and a description of the work, for which the bidder must enter a unit price. All basic items together form the core scope of the contract. A tender is only deemed complete if all basic items are priced; if the price for a basic item is missing, this generally leads to exclusion of the tender.
Distinction from other item types
The structured bill of quantities in Austrian and German procurement law distinguishes between various item types:
| Item type | Binding nature | Pricing |
|---|---|---|
| Basic item | Mandatory, always to be performed | Required |
| Alternative item | Either/or (A or B) | Required for the chosen variant |
| Contingent item | Called off only if needed | Required (price is reserved) |
| Optional item | Called off contractually | Required |
Significance for tender evaluation
Basic items form the basis of tender evaluation: from their unit prices multiplied by the quantity allowances, the total price is calculated, which is the central comparison value between tenders. Bidders are obliged to provide genuine prices for all basic items; entering zero prices or dash prices is only permissible if the service is actually performed without separate remuneration (i.e. has been costed into other items).
Duty of completeness
A tender is only complete and capable of evaluation if all basic items are filled in with unit prices. Incomplete tenders must be excluded under § 129 BVergG 2018 and § 57 VgV. The case law has not recognised any possibility of subsequently filling in missing prices, since this would breach the principle of equal treatment of all bidders.
FAQ
May a basic item have a price of zero? Yes, if the service has genuinely been costed into other items and the bidder can demonstrate this in a comprehensible manner. A strategically placed zero price aimed at making the tender look more attractive is, however, inadmissible (speculative pricing).
Can the contracting authority subsequently delete basic items? Generally not during the procedure. After the award, the contracting authority may adjust quantities in unit-price contracts; the complete removal of an item may be regarded as a breach of contract.
Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.
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