Contratación pública en materia de TI y nube: retos y oportunidades específicos

IT public procurement is a world of its own. The combination of rapid technological change, complex licensing structures and the need for flexibility clashes with the formal procedures and transparency requirements of procurement law. Yet public contracts offer enormous opportunities for IT companies: the public sector is one of the largest buyers of software, hardware, cloud services and IT consultancy.

The playing field

What types of contracts?

IT public procurement covers a broad spectrum:

• Hardware. Servers, network equipment, workstations, mobile devices.
• Software. Licences, bespoke software, ERP systems, document management systems.
• Cloud services. IaaS (Infrastructure as a Service), PaaS (Platform as a Service), SaaS (Software as a Service).
• IT consultancy. Analysis, project management, architecture, cybersecurity advice.
• Development. Application development, system integration, migration.
• Management and maintenance. Helpdesk, SLA-based maintenance, hosting, monitoring.

CPV codes for IT

The key CPV codes for IT contracts:

Search broadly: a cloud contract may be classified under 72, 48 or even 50 (maintenance).

Framework agreements: the dominant structure

The majority of larger IT contracts are awarded through framework agreements. This makes sense: the authority knows it needs IT services but cannot predict the exact scope and timing.

How it works

The contracting authority publishes a framework agreement for a specific domain (such as cloud hosting or application development) with a typical duration of 4 years. After the selection and award phase, one or more suppliers are selected.

For framework agreements with multiple participants, a mini-competition follows for each specific need: the selected suppliers receive a specific request and submit an offer. The contract goes to the best offer.

For framework agreements with a single participant, the authority places orders directly without further competition.

Advantages and disadvantages

Advantage for the authority: Flexibility to procure as needs arise, without running a full procedure for each purchase.

Advantage for the supplier: Once selected for the framework agreement, you have a guaranteed position for the duration — though this does not guarantee turnover.

Disadvantage: The entry threshold is high (often strict selection criteria and extensive specifications), and the mini-competitions still require effort.

Cloud-specific challenges

Dependencia del proveedor

One of the biggest risks in cloud procurement is vendor lock-in: dependency on a single supplier making migration to an alternative technically or financially unfeasible. Contracting authorities are increasingly aware of this and take countermeasures:

• Open standards as a requirement in the specifications (open APIs, standard data export formats).
• Exit clauses obliging the supplier to cooperate in a smooth transition at the end of the contract.
• Multi-cloud strategies deliberately splitting the contract across multiple suppliers.

Data sovereignty

With cloud services, the question of where data is stored is critical. European authorities set increasingly strict requirements:

• Storage within the EU/EEA is often a minimum requirement.
• Some contracts require storage in Belgium or a specific country.
• The CLOUD Act (US) and equivalent legislation create tensions: even data stored in Europe can under certain conditions be requested by foreign authorities.
• Gaia-X and the European cloud strategy aim to create a sovereign European cloud ecosystem.

SLAs and availability

Cloud contracts typically work with Service Level Agreements that establish measurable performance indicators: availability (99.9% uptime), response times, recovery times for incidents. The specifications define these SLAs and the penalty clauses for non-compliance.

Dynamic Purchasing System for IT

Besides framework agreements, the Dynamic Purchasing System (DPS) is becoming increasingly popular for IT contracts. The DPS remains open to new participants throughout its duration — unlike a framework agreement where no new parties can join after selection.

This makes the DPS particularly suitable for the IT sector, where new players and technologies emerge rapidly.

Tips for IT suppliers

Invest in public sector references. The first public contract is the hardest. Start small — a participation in a mini-competition within a framework agreement, or subcontracting to a larger party — and systematically build references.

Form consortia. Large IT contracts often require a combination of competencies that one company rarely has alone. A consortium of a software company, an integrator and a hosting party makes a strong team.

Watch the technical specifications. Check whether the specifications contain brand names or product-specific requirements that exclude you. If so, ask questions in good time through the procurement platform forum.

Understand the award criteria. In IT contracts, quality often weighs more heavily than price. Invest in describing your approach, methodology, team composition and transition plan.

Monitor actively. IT contracts appear on multiple platforms: e-Procurement, TED, but also on the websites of specific government services. Use TenderWolf to ensure you miss no opportunities.

Common mistakes

Joining too late. Framework agreements are published and awarded — if you miss the publication, you are sidelined for 4 years.

Underestimating compliance requirements. ISO 27001, SOC 2, GDPR compliance — information security requirements are strict and becoming stricter. Ensure your certifications are in order before you bid.

Not offering an exit strategy. Contracting authorities value suppliers who proactively offer a transition plan at the end of the contract. It demonstrates professionalism and reduces the perception of lock-in.

Sources

• Contratación electrónica — BOSA
• European cloud strategy — European Commission
• Directive 2014/24/EU — public procurement — EUR-Lex
• Gaia-X — Asociación Europea para los Datos y la Nube