What does EVB-IT mean?
EVB-IT stands for Ergänzende Vertragsbedingungen für die Beschaffung von IT-Leistungen (Supplementary Terms of Contract for the Procurement of IT Services) and refers to a collection of standardized model contracts developed specifically for the procurement of information technology by public administration. The EVB-IT are drawn up and published by the Federal Government Commissioner for Information Technology in cooperation with the German Association for Information Technology, Telecommunications and New Media (Bitkom).
The EVB-IT family includes various contract types for different IT procurement situations: EVB-IT Kauf for purchasing hardware and standard software, EVB-IT Dienstleistung for IT consulting and services, EVB-IT Instandhaltung for maintenance and support services, EVB-IT Überlassung Type A and Type B for the temporary provision of standard software, EVB-IT System for complex IT systems, EVB-IT Systemlieferung for the delivery of complete systems, EVB-IT Erstellung for the creation of custom software and EVB-IT Cloud for cloud services.
Each EVB-IT contract type consists of a model contract, the associated general terms and conditions (AGB) and notes on their use. The model contracts are designed as forms that the contracting authority fills in with the specific contract content. The EVB-IT are binding for federal authorities and are also used by many state and municipal authorities.
Relevance for bidders
For IT companies that take part in public tenders, the EVB-IT are a central part of the procurement documents. Bidders must know and understand the respective EVB-IT terms, because they form the contractual basis of the collaboration. In particular, the rules on warranty, liability, termination and breaches of performance sometimes differ significantly from the usual terms and conditions in the IT industry.
Bidders should note that the EVB-IT, as the contracting authority's terms of contract, are usually not negotiable. A bid that deviates from the EVB-IT can be excluded as not complying with the procurement documents. It is therefore advisable to do your pricing with the specific EVB-IT rules in mind and to factor the respective risks into your prices.
Legal framework
The EVB-IT are not laws, but standardized terms of contract whose use is required by administrative regulations. For the federal government, their binding nature follows from the circular of the Federal Ministry of the Interior. As general terms and conditions, the EVB-IT are subject to review of standard terms under Sections 305 to 310 BGB (German Civil Code). The current version of the EVB-IT is published on the website of the federal CIO and updated regularly.