Article 67 · Security measures during contract implementation

1.Without prejudice to contract law of the Member States, the public buyer may terminate a contract in whole or in part where it determines that the contractor has failed to comply with measures or obligations aiming at preventing or mitigating risks for security or public safety, or a risk for security or public safety has materialised or is likely to materialise. Under the same conditions, they may exclude certain economic operators during contract implementation.

2.Termination and exclusion pursuant to this Article shall be proportionate in relation to the risk for security or public safety. Before terminating a contract or excluding an economic operator, the public buyer shall conduct a written assessment. The public buyer shall take into account in particular:

(a)the severity of the risk for security or public safety;

(b)the impact of termination on the delivery of public services;

(c)alternative mitigation measures such as contractual amendments or enhanced monitoring.

3.Unless justified by the severity of the risks involved, the imminence of the threat or where notification may aggravate the risk, the public buyer shall notify the contractor in writing of its intent to terminate or exclude, specifying:

(a)the grounds for termination or exclusion;

(b)the facts and evidence supporting the decision, with the exception of classified information;

(c)the proposed date of termination or exclusion.

4.The contractor shall have an appropriate time, determined by the public buyer, which shall not be shorter than at least ten calendar days, to submit observations on the grounds for termination or exclusion and propose remedial actions. The public buyer may shorten the deadline in case of emergency.

5.The contractor shall cooperate with the public buyer to secure or transfer data, documents, or assets related to the contract and ensure continuity of critical services until the termination takes effect.