Administration: Open Source becomes standard

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The IT Planning Council decided on revised model contracts for public IT procurement at its 48th meeting on November 26, 2025. Eight of the so-called Supplementary Contract Conditions for IT Services (EVB-IT) have now been adapted so that federal, state, and local governments can procure open-source software in a legally compliant manner in the future. Until now, the contract templates were exclusively designed for proprietary software.

As the Open Source Business Alliance (OSBA) reports, the changes affect the templates EVB-IT Erstellung, Überlassung Typ A, Pflege S, Dienstleistung, System, Systemlieferung, Service, and Rahmenvereinbarung. EVB-IT Cloud and Überlassung Typ B have not yet been adapted – but according to the OSBA, they are also advising the responsible working group on these outstanding revisions. The IT Planning Council recommends its members use the new templates.

Open Source becomes the standard for new software

The most significant innovation is found in EVB-IT Erstellung: for new software projects, development and provision as open-source software becomes the standard. It is intended for publication on the OpenCoDE platform, the central repository for open-source software for public administration. Furthermore, contractors will in future have to provide an SBOM (Software Bill of Materials) – a machine-readable directory of all software components and dependencies used. This improves transparency about the libraries used and significantly simplifies vulnerability management.

In templates where both open-source and proprietary software are possible – such as EVB-IT Überlassung Typ A and EVB-IT Dienstleistung – checkboxes have been created. Procurement offices can use these to specifically select open-source software or activate existing open-source provisions in the GTC if necessary.

End of long legal uncertainty

The revision ends a period of considerable uncertainty. Many authorities interpreted the previous EVB-ITs in such a way that legally compliant procurement of open source was not possible. Open-source providers were thus effectively excluded from numerous award procedures. The OSBA had already published a guide in 2015 to support procurement offices in using open source with the old EVB-ITs – but this was apparently not enough to dispel concerns across the board.

Birgit Becker, spokesperson for the Procurement Working Group at OSBA, emphasizes: "The adaptation of the contract templates involved considerable effort for open-source companies. Many providers could or would not undertake this extra effort." As a result, procurement offices received significantly fewer offers. The new EVB-ITs finally create "clarity and legal certainty."

Digital Sovereignty and Reuse

The adjustments are part of a broader political strategy. With § 16a of the E-Government Act, federal authorities are to give preference to procuring open-source software for new acquisitions. The new EVB-ITs now implement this requirement in practice. The guiding principle "Public Money, Public Code" – publicly financed code should be publicly available – is thus anchored at the contract level.

OpenCoDE plays a central role in this: the platform enables administrations to reuse already developed software, exchange configurations, and learn from each other. Authorities can see which software is already in use in comparable administrations and contact colleagues for questions. Tasks such as license verification and security audits can be carried out centrally. This not only promotes interoperability between authority systems but also reduces redundant development.

The example of Schleswig-Holstein shows that significant cost savings can be achieved with open source: according to the state, it saves around 15 million euros in license costs annually – with one-time investments of nine million euros for migration and further development. Around 80 percent of workplaces outside the tax administration already work without Microsoft Office, and the e-mail infrastructure has been switched to Open-Xchange.

Things are also moving at the European level: in July 2025, the European Alliance for Industrial Data, Edge and Cloud published a roadmap intended to position open source as a central pillar of the European digital strategy. This includes, among other things, the recommendation to mandate "Public Money, Public Code, Open Source First, European Preference" in public procurement. The German EVB-IT adjustments are likely to serve as a blueprint for similar initiatives.

(fo)