Where the award of a defence or security contract requires the holding of protected data, the purchaser shall require candidates to provide evidence of their ability to process, store and transmit such data with the necessary level of protection.
Where the candidate is established in France, the purchaser may ask the competent administrative authority to verify, within a period set by the purchaser, the conformity of the premises and installations likely to be used, the industrial and administrative procedures that will be followed, the information management arrangements or the situation of the personnel likely to be employed for the performance of the public contract, without prejudice to the possibility for these authorities to carry out other investigations and to take them into account.
Where the candidate is established abroad, the purchaser may refer the matter to the national security authority or the delegated security authority for the purpose of requesting the national security authority of the State of the candidate or the security authority designated by the State of the candidate to verify, within a period to be set by the purchaser the conformity of the premises and installations likely to be used, the industrial and administrative procedures that will be followed, the information management arrangements or the situation of the personnel likely to be employed for the performance of the public contract, without prejudice to the possibility for these authorities to carry out other investigations and take them into account. The security clearances of the applicant’s country are recognised within the limits of existing security agreements, without prejudice to the possibility of having an investigation carried out by the competent French administrative authority and of taking this into account.