Article 69 · Resilience and security of supply for critical entities or infrastructures

1.Where a public contract is intended to be performed by a public buyer that has been identified by the competent Member State as a critical entity in accordance with Article 6 of Directive (EU) 2022/2557, the public buyer shall, where relevant, include in the procurement detail requirements relating to security of supply, economic, physical and geopolitical resilience, as well as transparency and sustainability of the supply chains for the works, supplies or services procured. Where appropriate, such requirements shall be based on the risks identified through the obligation for risk assessment under Article 12 of Directive (EU) 2022/2557.

2.Requirements referred to in paragraph 1 may be set out in specifications, selection criteria, award criteria or conditions for the performance of contracts, shall be linked to the subject-matter of the contract and comply with the principles of transparency, non-discrimination and proportionality.

3.Public buyers may, inter alia, require that the tender contains, or that the contract provides for, one or more of the following elements:

(a)diversification of the supply chain, including recourse to a multi-source approach, geographic diversification of production, or limitation of dependency on a single third country or single economic operator from a third country;

(b)security of supply and continuity, including:

(i)certification or documentation demonstrating that the organisation and location of the tenderer's supply chain will allow it to comply with the security-of-supply requirements set out in the contract documents;

(ii)a commitment to ensure that possible changes in the supply chain during the execution of the contract will not adversely affect compliance with those requirements;

(iii)stockpiling obligations within the Union;

(iv)business continuity and disaster recovery plans;

(v)commitment from the tenderer to provide, according to terms and conditions to be agreed, the specific means necessary for the continued production or provision of spare parts, components, assemblies, software updates or testing equipment in the event that it is no longer able to ensure the supply itself;

(c)crisis preparedness and surge capacity, including:

(i)a commitment from the tenderer to establish and/or maintain the capacity required, including upscaling capabilities, to meet additional needs of the public buyer as a result of a crisis, according to terms and conditions to be agreed;

(ii)crisis preparedness plans, mandatory training of management and key personnel, and incident notification to the public buyer;

(d)supply chain transparency and traceability where proportionate to the importance of the contract and the risks involved, including the quality of supply chain management and contingency plans provided by the tenderers;

(e)obligation for the service providers to indicate any potential double-booking of capability or services to all concerned public buyers, prior to accepting conflicting orders;

(f)flexible participation clause, allowing other public buyers to join as contracting parties without changing the material or quantitative scope of the contract.

4.The Commission is empowered to adopt delegated acts in accordance with Article 141 establishing mandatory specifications, selection criteria, award criteria or conditions for the performance of contracts relating to resilience, security of supply, and supply chain transparency, for specific categories of works, supplies or services where a critical dependency, a systemic risk or a critical-infrastructure dimension has been identified.

5.This Article is without prejudice to security of supply requirements under relevant Union legislation, in particular to the requirements under Regulation (EU) 2019/1242 and Regulation (EU) 2024/1735.