Defence and Security Public Contracts Regulations 2011
UK regulations governing defence and sensitive security procurement; allow specific carve-outs for national security.
Definition
The Defence and Security Public Contracts Regulations 2011 (DSPCR) govern UK public procurement of defence and sensitive security goods and services. The regulations implement EU Directive 2009/81 and apply to procurement involving classified information, military equipment, and certain dual-use items. DSPCR 2011 sits alongside the Public Contracts Regulations 2015 and the Procurement Act 2023 with sector-specific carve-outs allowing protection of national security interests.
How it works in practice
DSPCR 2011 applies to most Ministry of Defence procurement plus equivalent procurement by Home Office, Foreign and Commonwealth Office, and specific other security-sensitive bodies. The regulations allow several flexibilities not available under PCR 2015: restricted procurement procedures (only suppliers meeting security clearance criteria can bid), longer contract terms, classified procurement (notice content can be restricted to prevent disclosure of sensitive capability), and specific carve-outs for sole-source procurement where national security genuinely requires it. Defence procurement also brings sector-specific compliance: List X (suppliers cleared to hold MOD classified material), JOSCAR (the defence supplier registration database), specific cybersecurity requirements above general Cyber Essentials (Defence Cyber Protection Partnership and the cyber risk profile assessment), and export control compliance. Many defence contracts are above the FTS threshold and publish on Find a Tender; sensitive ones use restricted notices or are excluded from public publication under national security carve-outs. The Procurement Act 2023 retains the defence carve-outs and absorbs the substantive shape of DSPCR 2011 into the new regime; suppliers in the defence sector should track both the new Act and any sector-specific updates from MOD Commercial.
Common questions
What is List X?
List X is the MOD registration of suppliers cleared to hold classified material on their premises. List X status requires substantial physical and personnel security investment: cleared facility, vetted staff, ongoing security compliance audits. Many defence contracts above OFFICIAL classification require List X.
What is JOSCAR?
JOSCAR is the defence supplier registration database operated by Hellios. It is the defence equivalent of Constructionline / Achilles UVDB: suppliers maintain a comprehensive profile covering financial standing, technical capability, security compliance, and specific defence sector capabilities. Many defence procurements require JOSCAR membership as a condition of tendering.
Are defence contracts published on Find a Tender?
Most above-threshold defence contracts publish on Find a Tender. Sensitive contracts use restricted notices (limited information) or are excluded from public publication under national security carve-outs. Suppliers cleared to receive sensitive notices access them through MOD-specific channels.