Skip to content

S.L. 601.07 · Part II · Rules on Contracts

Regulation 23. Security information

Chapter IV Specific rules governing contract documentation

Text of the consolidated version in force from 25 October 2011. Where this page and legislation.mt differ, legislation.mt prevails: official textThe Maltese and the English texts are both official; where they conflict, the Maltese text prevails. This page shows the English text.

When contracts involve, require and, or contain classified information, the contracting authority or entity shall specify in the contract documentation (contract notices, contract documents, descriptive documents or supporting documents) the measures and requirements necessary to ensure the security of such information at the requisite level. The contracting authority or entity may require that the tender contain, inter alia, the following particulars:

(a) a commitment from the tenderer and the subcontractors already identified to appropriately safeguard the confidentiality of all classified information in their possession or coming to their notice throughout the duration of the contract and after termination or conclusion of the contract, in accordance with the relevant laws, regulations and administrative provisions;

(b) a commitment from the tenderer to obtain the commitment provided in paragraph (a) from other subcontractors to which it will subcontract during the execution of the contract;

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

(d) a commitment from the tenderer to provide the information required under paragraph (c) on any new subcontractor before awarding a subcontract: Provided that measures and requirements referred to in paragraph (b) have to comply with national provisions on security clearance.

Cross-references

Referred to by

Want your tender documents checked before publication? We will show you how Procurelex Verifika does it.

Request a demo

General information on the Public Procurement Regulations in force. Not legal advice.