The Defence and Security Public Contracts Regulations 2011

Security of information

38.—(1) Where a contract involves, requires or contains classified information, the contracting authority must specify, in the contract documents, the measures and requirements necessary to ensure the security of that information at the requisite level.

(2) Where paragraph (1) applies, the contracting authority may require that the tender contain particulars including the following—

(a) a commitment from the economic operator and the sub-contractors already identified to safeguard appropriately the confidentiality of all classified information in their possession or coming to their notice throughout the duration of the contract and after the termination or conclusion of the contract;

(b) a commitment from the economic operator to obtain the commitment referred to in sub-paragraph (a) from other sub-contractors to which it will sub-contract during the execution of the contract;

(c) sufficient information on sub-contractors already identified to enable the contracting authority to determine that each of them possess the capabilities required to safeguard appropriately the confidentiality of the classified information to which they have access or which they are required to produce when carrying out their sub-contracting activities;

(d) a commitment from the economic operator to provide the information referred to in sub-paragraph (c) on any new sub-contractor before awarding a sub-contract.

(3) The measures and requirements referred to in paragraphs (1) and (2) must comply with the security clearance provisions of the United Kingdom.