EVB-IT: the contracts of German public IT procurement
The EVB-IT are model contracts, not statute. Disputes almost never arise from the clauses themselves but from choosing the wrong contract type and from a specification that leaves open what is actually owed.
EVB-IT stands for the supplementary contract terms for the procurement of IT services. They are the model contracts with which German federal, state and local authorities buy IT. Anyone supplying the public sector does not negotiate their own contract but works inside a given frame.
The contract types
EVB-IT Kauf for hardware, EVB-IT Überlassung for the permanent supply of standard software. What is owed is an item or a right of use, not the success of a project.
EVB-IT Erstellung for bespoke software, EVB-IT System and EVB-IT Systemlieferung for composite projects made up of hardware, software and services. These follow the law on contracts for work, with formal acceptance.
EVB-IT Dienstleistung, Pflege, Instandhaltung and Service for ongoing work. Disputes here turn on availability, response times and on what counts as a fault.
EVB-IT Cloud for services provided as a service. The centre of gravity is the place of processing, sub-processors, availability and the return of data at the end of the term.
What matters in practice
- Does the chosen contract type match what is actually owed?
- Is the specification precise enough for acceptance to be measured against it?
- Are the authority duties to cooperate named, and what follows if they are not met?
- Which rights of use are granted, in which code, for how long and for whom?
- How are pre-existing components and third party licences handled?
- Which IT security requirements have been ordered along with the service?
- How are data protection duties mapped, and who is responsible for what?
- What applies at the end of the term: handover, migration, retention, deletion?
For suppliers
The decisive turn comes before the bid. After award the contract is as a rule unalterable, and miscalculations on rights of use, cooperation duties or availability cannot be renegotiated. We read tender documents with you, draft tenderer questions and identify which risks belong in the pricing.
For contracting authorities
A model contract does not replace a specification. Most disputes arise where the model is filled in properly but the annex holding the specification leaves open when the result conforms to the contract. We support the choice of contract type and the drafting of the annexes.
Tender documents on the table?
We check which contract type fits and which risks belong in the pricing.
Have the documents reviewedFrequently asked questions
How do we identify the right contract type?
By the result owed. Where a defined result is owed and formally accepted, the models built on contracts for work apply. Where an activity or a continuously provided service is owed, the service based models apply. Getting this wrong shifts acceptance, passing of risk and remedies for defects all at once.
Can the EVB-IT be negotiated?
The models are not binding law but pre-formulated terms. Contracting authorities regularly use them unchanged, and little can be altered once a procurement procedure is running. The moment for objections is the tenderer questions stage, not negotiation after award.
What changed recently?
In March 2026 several models were revised and moved into a digital form-filling format throughout. The most visible change in substance is that software developed with public money can be provided for as open source. For suppliers that shifts the question of rights of use considerably.