Section 2: Information and documents to be submitted with the tender

Articles in this section · 7

R2351-11R2351-12R2351-13R2351-14R2351-15R2351-16R2351-17

Article R2351-14

French Public procurement codeIn force
Ask for lawyer reviewed or certified translation

Updated 7 Nov 2023

When the performance of a defence or security contract involves, requires or includes information or media protected or classified in the interests of national security, the purchaser shall request, in the consultation documents, that the tenderer's offer include:

1° An undertaking to preserve, at the level of protection required by the contract, and in accordance with the provisions laid down by the Prime Ministerial Order referred to in Article R. 2300-1, the confidentiality of all protected or classified information and media in its possession, or of which it may become aware throughout the performance of the contract and after termination or expiry of the contract;

2° An undertaking to obtain the same undertaking from the subcontractors identified at the time of notification of the contract and from those it may call upon during its performance;

3° Information about the subcontractors identified, sufficient to enable a determination to be made as to whether each of them has the capacity required to preserve in an appropriate manner the confidentiality of the classified or protected information and media to which it has access during the consultation or which it will be required to produce in the course of its contract with the contractor. This information must enable the purchaser to ensure, where appropriate, that the operators have or are likely to have the requisite clearance;

4° An undertaking to provide information about the subcontractors it will call upon during the performance of the contract, before awarding them a contract for the purpose of performing part of this contract. This information must be sufficient to make it possible to determine whether each subcontractor has the capacity required to adequately safeguard the confidentiality of classified or protected information and material which it will be required to produce in the course of its contract with the contract holder. They must enable the purchaser to ensure, where appropriate, that the operators have or are likely to have the requisite authorisations.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Previous articleArticle R2351-13Next articleArticle R2351-15
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

Talk To A Corporate Lawyer+33 1 84 88 31 00
First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More