The software procurement by the German administration usually works through the EVB-IT, which are standardized model contracts. These are however not ideally designed for the procurement of FOSS. A survey by the Open Source Business Alliance among the members of the association revealed typical recurring practical problems with the procurement of Open Source Software by the public administration. In this talk we want to illustrate the reasons for these problems and present ideas how the procurement of Open Source Software can be improved and made easier for all those involved. We combine this with an outlook to the impending changes and developments in public procurement with regard to the public procurement of Open Source Software.