EVB-IT in Public Procurement Law 2026

Definition: EVB-IT (Supplementary Contract Terms for the Procurement of IT Services) are standardised contract forms used by the German public administration as general terms and conditions for the procurement of hardware, software and IT services by public contracting authorities. They flesh out the general rules of the German Civil Code (BGB) for the IT sector.

Last updated: January 2026 · Legal basis: EVB-IT (Coordination and Advisory Office of the Federal Government for Information Technology in the Federal Administration, KBSt / CIO Bund); BGB

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What is EVB-IT?

EVB-IT is the central body of contract terms for IT procurement by the German public sector and supplements the existing procurement regulations. It was developed by the Coordination and Advisory Office for Information Technology of the Federal Government (KBSt, now CIO Bund) in cooperation with industry associations and replaces the older BVB (Special Contract Terms for the Procurement of Data Processing Equipment and Programs).

EVB-IT are not legal norms but general terms and conditions (GTC) of the public contracting authority. They are incorporated into the procurement documents and become part of the contract when expressly agreed. Use is mandatory for federal authorities; the federal states and municipalities may apply them voluntarily.

EVB-IT contract types

The EVB-IT family comprises several specialised contract types tailored to different IT services.

EVB-IT Kauf (Purchase)

For one-off purchases of hardware or standard software. Governs delivery, transfer of ownership, warranty and liability.

EVB-IT Überlassung Typ A and Typ B (Licensing)

• Type A: indefinite licensing of standard software (purchase-equivalent in software)
• Type B: time-limited licensing (rental model / SaaS-like arrangements)

EVB-IT Pflege S (Software Maintenance)

For the maintenance and support of standard software – bug fixes, updates, hotline.

EVB-IT Instandhaltung (Hardware Maintenance)

For the maintenance and servicing of hardware.

EVB-IT Dienstleistung (Services)

For IT services that do not fall under the more specific contract types – such as consulting and development services.

EVB-IT System

For the procurement of complex IT systems comprising several components (hardware, software, services). Particularly relevant for larger digitalisation projects.

EVB-IT Cloud

Developed specifically for cloud services (IaaS, PaaS, SaaS). Governs availability, data protection, portability and exit scenarios.

Significance in the procurement procedure

Contracting authorities that use EVB-IT must clearly indicate this in the procurement documents and enclose the applicable EVB-IT version. Tenderers should carefully review the EVB-IT, since deviations in their own GTCs that conflict with the EVB-IT will, in case of doubt, be resolved in favour of the EVB-IT (precedence of the contracting authority as the user). Negotiations on deviations are in principle not possible in the open procedure.

Relevance for Austria

There is no standardised IT contract terms framework at federal level in Austria comparable to EVB-IT. Austrian contracting authorities frequently use project-specific contract terms or follow international standards (e.g. ÖNORM). In cross-border projects with German federal authorities, EVB-IT may nevertheless be relevant.

FAQ

Are EVB-IT binding for all German public contracting authorities? For the federal administration directly, yes. For Länder, municipalities and other contracting authorities it is recommended but not mandatory.

Can tenderers demand changes to the EVB-IT? In open and restricted procedures, in principle no. In negotiated procedures and competitive dialogue, contract terms may be subject to negotiation.

Where can the current EVB-IT forms be obtained? The current EVB-IT forms and accompanying documents are available free of charge for download on the website of CIO Bund (www.cio.bund.de).

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Last updated: January 2026 All information without warranty. For legally binding advice please consult a law firm specialising in public procurement.