German EVB-IT framework agreement and digital contract tool: A significant step for public IT procurement

For the first time, the federal government is combining all eleven existing EVB-IT contract types in a central framework agreement which is available exclusively via the interactive tool. This not only partially automates but also significantly simplifies the procurement process.

EVB-IT contracts: Balanced compromise between contracting authorities and IT companies

For decades, the “EVB-IT” (Supplementary Contract Terms for the Procurement of IT Services) have been an established instrument for IT procurement in the public sector. They were developed to enable recourse to standardized contractual terms and conditions, thus creating legal certainty and efficiency in the award procedures for all parties involved. Through the involvement of the IT industry, represented by the industry association Bitkom e.V., the EVB-IT contracts represent a balanced compromise between the requirements of contracting authorities and the interests of IT companies.

The new framework agreement: modular and digital

The new EVB-IT framework agreement expands and simplifies the previous approach of individual documents. The framework agreement covers various modules that can be combined individually depending on the procurement case. These modules include, for example, the purchase of hardware, the provision of software, services and the provision of cloud services. The modular structure enables contracting authorities to create tailor-made contracts for their specific procurement requirements without integrating unnecessary clauses or regulations.

A central element of this innovation is the contract creation tool “EVB-IT digital”, which enables the partially automated creation of contracts. In contrast to the previous text-based templates, the digital open-source tool guides users through an interactive interview format. As a result, contracts are created faster, more precisely and with lower error rates. The tool offers considerable advantages, in particular in complex procurement processes, such as the awarding of IT systems or cloud services.

Faster, simpler, broader market acceptance: “EVB-IT digital”

The new EVB-IT framework agreement and the associated tool are not only a benefit for public administration, but also for the IT industry. The standardization and simplification of the contractual conditions ensure faster procedures and greater market acceptance. In addition, the administrative effort is significantly reduced, as the need for reviews and manual adjustments is minimized.

For contracting authorities, this means greater legal certainty and fewer delays in awarding contracts. In 2023, the German Central Office for IT Procurement (ZIB) was already using EVB-IT to award contracts worth around 8 billion euros – a clear sign of the central role of these contracts.

Making the most of the new tool: Legal pitfalls of the new framework agreements

Although the new EVB-IT framework agreements offer numerous opportunities, there are also a number of pitfalls that can complicate a successful implementation. A frequent stumbling block is the complex contract design for modular contracts, which requires for the contract components to be precisely adapted to the individual procurement requirements. Errors or ambiguities in the selection of modules can result in legal uncertainties and the need for subsequent adjustments.

Another risk is the lack of product neutrality, which can lead to restrictions on competition if the contractual conditions are tailored too specifically to certain providers or technologies.

Avoiding liability risks, ensuring compliance

Furthermore, the definition of warranty and liability issues for the individual modules is crucial, as unclear regulations can lead to the client or provider being held liable without responsibilities being clearly defined. The contractual definition of adjustment and change options during the contract term can also be problematic. Failure to conclude legally compliant amendment agreements might lead to renegotiations that violate public procurement law.

Finally, the legal safeguarding of data protection and compliance requirements in the digital procurement process is essential in order to adapt contracts to the requirements of the GDPR and other legal provisions.

If you need support with the application of the new EVB-IT framework agreements or with other procurement law issues, we will be happy to assist you. Together, we will ensure that your IT procurements are handled in a legally compliant and efficient manner.