General information on EVB-IT
When an IT service provider works with the public sector for the first time, it usually comes into contact with a so-called EBV-IT contract for the first time.
Since 1972, the public administration has negotiated and introduced purchasing conditions for the procurement of IT systems and software. Over the course of time, several types of contract were created, depending on the service in question. These were originally called BVB (Special Contract Terms for the Procurement of IT Services).
Since 2002, "Supplementary Contract Terms for the Procurement of IT Services" (EVB-IT) have been drafted as model terms and conditions, which were negotiated with the industry. The reason is simple: the rapid development in IT had to be contractually accommodated. The BVB was no longer able to do this.
Function of the EVB-IT
When public clients (e.g. cities, municipalities, authorities) conclude a contract with a private sector company, certain regulations must be taken into account, which both contracting parties must be aware of. The rules are those of the European Union as well as national regulations. If public procurement law applies, the UVgO (UnterschwellenVergabeOrdnung, formerly VOL/A), for example, should be mentioned here, which is classified under the VgV (Vergabeordnung).
If the requirements are met, a contracting authority is subject to the provisions of the VgV when it comes to awarding service contracts. The provisions of the VgV are supplemented by the supplementary contract terms for the procurement of IT services.
Structure of the EVB-IT
The EVB-IT has a number of positive contractual arrangements, which are mentioned below.
Contractual clarity through the definition of contractual terms.
Uniform scheme, which can be found in each of the contract types.
Uniform regulations for the same topics.
Uniform concept, despite several documents belonging to the respective contract.
The EVB-IT contracts are characterized by the fact that not all regulations are packed into one contract, but that the regulations are placed in several documents in order to create a corresponding order. You will also find this structure with us.
The EVB-IT try to guarantee a certain degree of flexibility, which unfortunately they do not always succeed in doing. It is not uncommon for our clients to have difficulties accommodating their services or their contractual wishes in the EVB-IT, especially in the case of the "checkbox variants". Depending on the type of contract, "Other agreements" can be made at the end of the sample form.
However, it should be noted here that the contracting authority has already documented the requirements for cooperation in the award file during the award procedure, so that there may be little scope for "other agreements", but this is not ruled out in principle.
Other documents to be taken into account are the instructions for use or user instructions, or in some cases application examples, which supplement the EVB-IT.
You can find an overview of current contracts here:
If you have any further questions, please do not hesitate to contact us.
