Call for tenders' details

Service Contract for the Provision of a Study on Accommodation Validation for MA...
Contracting authority:
European Defence Agency (EDA)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Security clearances - 2
Thank you for your response regarding security clearances. Could you please confirm whether the requirement for valid "Habilitation CDSF" level of clearance only, without accepting equivalents, is aligned with Article 53 of the OJEU Commission Decision 2015/444 and Article 4 of Council Decision 2011/292/EU? We have not encountered this hurdle before and are concerned such refusal to accept an equivalent represents a barrier to free movement of services within the EU.
Access to this open call for tenders is subject of Section 3.5.1. of the Tender Specifications, which ensures that the procedure is “open on equal terms to all natural and legal persons coming within the scope of the EU Treaties”. The requirement for a valid “Habilitation CDSF / Confidentiel Defence Sécurité France” level of clearance in order to access the data/infrastructure for the “CONFIDENTIAL” workstrand does not concern access to the procedure, but it is one of the selection criteria ensuring the appropriate technical and professional capacity of the tenderers. This specific requirement (point 2.7 under Section 3.5.3. of the Tender Specifications) does not have any equivalents when considering Article 53 of the OJEU Commission Decision 2015/444 and Article 4 of Council Decision 2013/488/EU (which has repealed and replaced Council Decision 2011/292/EU). This specific requirement does include the element of national CONFIDENTIAL clearance, which could have equivalence within NATO or EU. However, due to restrictions regarding access to the cockpit of the French Air Force Reaper, it also includes the element of compulsory requirement for the personnel to have French nationality (“Spécial France” / “French eyes only”, cf. Article 65 of the general interministerial instruction n.1300 / 30.11.2011 of the French Republic).