NACE 58.2 – Software Publishing | Public Tenders

Definition: NACE 58.2 covers the publishing of standard software — that is, the development, licensing and distribution of software designed for a broad user group and not individually adapted to customer specifications. In the public sector, this concerns operating systems, office suites, specialist applications and security software for public authorities.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 58.2 cover?

NACE 58.2 (Software publishing) classifies undertakings that produce and distribute market-ready standard software — an area of high relevance for public administration, which relies on licensed standard products for office communication, IT security and specialist procedures.

Group 58.2 within Section J (Information and communication) and Division 58 (Publishing activities) is broken down into two classes:

Public contracting authorities under NACE 58.2 are primarily federal IT procurement bodies, regional IT service providers, municipal IT departments and central purchasing bodies such as the federal procurement office (BeschA) in Germany or Bundesbeschaffung GmbH (BBG) in Austria.

Public Tenders: Activities under NACE 58.2

Software licences are among the regularly tendered procurement categories of the public sector — both as individual procurement and as framework agreements covering several authorities or entire federal states.

Typical types of contract

• Operating systems and office licences: Microsoft Enterprise Agreements, LibreOffice support contracts, macOS volume licences for public authorities
• ERP and financial software: SAP licences for financial administration and human resources (e.g. SAP HCM, SAP FI)
• Antivirus software and IT security: Antivirus licences, endpoint security platforms, firewall software
• Document management systems: Licences for DMS/ECM software (e.g. d.3, ELO, Fabasoft)
• Geographic information systems (GIS): ArcGIS licences for cadastral offices, urban planning, environmental authorities
• Statistics and analysis software: SPSS, SAS, R Enterprise for statistical offices and research institutions

Thresholds and procedure types

Software procurement is classified as a supply contract. The EU threshold is EUR 221,000 (higher authorities) or EUR 143,000 (central government authorities, as of 2024/2025). Framework agreements for large software packages are frequently handled under the open EU procedure or through centralised procurement bodies.

Relevant CPV codes for NACE 58.2

Software tenders primarily use CPV codes from group 48 (Software and information systems), supplemented by licensing codes.

Current tenders with these CPV codes can be found on TED (Tenders Electronic Daily) as well as on national procurement platforms.

For whom is NACE 58.2 relevant in public procurement?

Public contracting authorities

In Germany, the federal procurement office of the Federal Ministry of the Interior (BeschA) coordinates large software framework agreements for federal authorities. Regional IT service providers (e.g. Dataport, AKDB, LDI) pool software procurement for regional authorities and municipalities. In Austria, Bundesbeschaffung GmbH (BBG) procures standard software centrally for federal bodies; federal states and municipalities can make use of these contracts. Particularly relevant in procurement law is the distinction between standard software (supply contract) and individually adapted software (service contract).

Companies and bidders

Software providers in the public sector must observe the following procurement-law particularities:

• Product neutrality: In principle, tenders may not name specific products or brands — bidders may provide evidence of equivalence
• Licensing models: Perpetual licences vs subscription models have procurement-law implications (supply vs ongoing service contract)
• Open source: Public contracting authorities increasingly prefer open-source solutions; bids must demonstrate support and SLAs
• Data protection: GDPR compliance and server location (EU) are frequent eligibility requirements

Frequently asked questions about NACE 58.2 and public tenders

Is the procurement of cloud software (SaaS) a supply or a service contract? SaaS contracts are predominantly classified in procurement law as service contracts, as no permanent transfer of ownership takes place. The classification affects thresholds and the applicable procedure types.

May a tender name Microsoft Office by name? In principle, no — product-neutral specifications are required. Exceptions apply only where comparability with other products is technically impossible and this is comprehensively justified.

How does centralised software procurement work in Germany? The BeschA concludes framework agreements that federal authorities can access directly (call-off procedure). Municipalities can procure through their own tenders or through municipal purchasing companies.

Can small software providers participate in EU-wide tenders? Yes — splitting into lots and proportionate eligibility criteria are intended to give SMEs access. Bidding consortia and the use of subcontractors are permitted.

NACE 58.2 in context: Section J and Division 58

• NACE J – Information and communication: Parent section
• NACE 58 – Publishing activities: Division covering all publishing classes
• NACE 58.1 – Publishing of books and journals: Library procurement
• NACE 62 – Computer programming, consultancy and related activities: Individual software development and IT consultancy

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