What are EVB-IT?
EVB-IT (Ergaenzende Vertragsbedingungen fuer die Beschaffung von IT-Leistungen) are standardized supplementary contract terms developed specifically for the procurement of information technology goods and services by German public authorities. These templates were created through a collaboration between the German federal government and the IT industry association Bitkom to provide a balanced contractual framework that addresses the specific characteristics and risks of IT procurement.
The EVB-IT system consists of multiple template sets, each designed for a specific type of IT procurement. Key templates include EVB-IT System for the procurement of IT systems including hardware and software, EVB-IT Service for IT service contracts, EVB-IT Maintenance for IT maintenance agreements, EVB-IT Cloud for cloud computing services, and EVB-IT Creation for custom software development. Each template set typically includes general contract terms, a contract form to be completed with project-specific details, and guidelines for use.
German federal authorities are required to use EVB-IT templates for their IT procurement, and most state and municipal authorities follow the same practice either as a matter of policy or based on internal procurement guidelines. The templates define standard provisions for delivery, acceptance testing, warranty, liability, service levels, and other critical contractual aspects. While contracting authorities may adapt certain provisions, the core structure and balanced risk allocation of the templates are intended to be preserved.
Why It Matters for Bidders
For IT companies bidding on public contracts in Germany, familiarity with EVB-IT templates is essential. The templates define the contractual framework within which the bidder's solution will be delivered, including acceptance criteria, warranty obligations, liability caps, and remedies for defects. Bidders should understand how each template allocates risks and responsibilities, as this directly affects pricing and project planning.
Some EVB-IT provisions may differ significantly from commercial standard terms used in private-sector IT contracts. For example, the warranty periods, acceptance testing procedures, and liability limitations in EVB-IT may be more stringent or more extensive than what IT companies typically offer. Bidders should review the applicable EVB-IT template carefully and factor any additional obligations into their pricing and project plans.
Legal Framework
EVB-IT templates are published and maintained by the Federal Ministry of the Interior and are available through the IT procurement portal of the federal government (CIO Bund). While they are not statutory law, their use is mandated by federal administrative guidelines and adopted by reference in individual procurement procedures. They complement the general terms and conditions for public contracts (VOL/B) and are designed to be compatible with the VgV procurement framework.