Defence tenders in Poland – protection of classified information in defence procurement
Legal support for contractors – including foreign companies – bidding for Polish defence and security contracts that require access to classified information, from analysing the contracting authority's requirements to protecting information during contract performance.
Classified information in defence tenders
In defence procurement, classified information appears already at the tender stage. The contracting authority may make part of the documentation – e.g. technical requirements or the description of the subject matter – available only to contractors able to protect it in accordance with the Polish Act on the Protection of Classified Information.
Where performance requires access to CONFIDENTIAL information or higher, the contracting authority may require an industrial security certificate of the appropriate level from the contractor and personnel security clearances from the persons performing the contract. For RESTRICTED information no certificate is required, but the contractor must protect the information in line with the Act.
Scope of assistance
- Analysis of tender documents for classified information requirements – classification level, required level of the industrial security certificate, personnel security clearances.
- Assessment of whether the contractor and its staff meet these requirements, and a plan to close any gaps before the bid deadline.
- Support in obtaining the industrial security certificate and personnel security clearances for the staff performing the contract.
- Organising receipt, storage and circulation of classified documentation provided by the contracting authority while preparing the bid.
- Preparation and submission of the parts of the bid that contain classified information in line with the Act.
- Review of the contract's classified information clauses, including the industrial security instruction.
- Requirements for subcontractors who will have access to classified information.
- Protection of classified information during contract performance, including preparation for ABW or SKW inspections.
Dual-use, the Recovery Plan and defence investment
Many defence contracts concern dual-use items and technologies. Their export and transfer are controlled under Regulation (EU) 2021/821 and Polish strategic goods legislation – we help assess whether a product is controlled and reflect these requirements in the bid and contract.
Funds from Poland's Recovery and Resilience Plan (KPO) finance the Security and Defence Fund managed by BGK, which covers, among other things, dual-use infrastructure, cybersecurity and expansion of defence production capacity. Projects financed from these funds may also require access to classified information.
Frequently asked questions
Can a bid be submitted without an industrial security certificate?
It depends on the contracting authority's requirements. If performance requires access to CONFIDENTIAL information or higher, the certificate may be required already when the contractor is assessed. Obtaining a certificate takes time, so it is worth starting early.
How should classified information received before submitting a bid be protected?
Classified documentation may be processed only under conditions meeting the Act – by persons holding the appropriate security clearance or authorisation, in rooms with suitable physical security measures and with a register of document circulation. These arrangements should be in place before requesting access to the documentation.
Let us discuss your matter
The first conversation is used to define the scope of the matter and the fee.