ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Annex III,rev.1 Page 12 1.1.4 With the exception of the Contract officer who shall be designated by the Procurement Department, the TEB members 4 shall be proposed by the Initiating Authority for appointment. TEB members shall have the required overall appropriate experience and qualification in the pertaining technical and/or administrative disciplines in consideration of the nature of the subject procurement action and the appropriate hierarchical level with respect to their role within the TEB. 1.1.5 Where the tender action contains classified information, TEB participants and panel members who need to access such classified information shall possess the required Personnel Security Clearance (“PSC”) as established by the ESA Security Directives (ESA ADMIN/IPOL(2008)6). 1.1.6 Where the procurement is initiated by an establishment or a directorate in support of a programme, project, activity or service of another, a representative from such establishment, programme, project, activity or service shall inasmuch as possible be appointed to the TEB. 1.1.7 Appointment to and membership of a TEB is personal, and cannot be delegated. Participation to a TEB as a member or an expert is an integral part of staff professional duties, and once appointed, the related tasks shall be given priority. 1.1.8 Once appointed, no member of the TEB shall be subject to the instructions of his hierarchical superiors in respect of his activities as a member of the TEB. 1.1.9 Members of a TEB shall be: i. ESA staff members; or ii. iii. staff members of public bodies (including International Organisations) pursuant to the provisions of international agreements concluded by the Agency or when this is expressly foreseen in the programme Declaration and Implementing Rules; and/or, staff of public bodies seconded to the Agency, except when their employing organisation has a direct or indirect economic interest in the outcome of the tender action in question. For the purpose of calculating the proper balance of a TEB, the seconded staff shall count against the Directorate and/or Department to which he reports. 1.1.10 For any tender action superior or equal to 100 000 Euro which has been the subject of a procurement proposal to the IPC and for all competitive or restricted competitive tender actions superior or equal to 100 000 Euro which have not been the subject of a procurement proposal to the IPC, a TEB shall normally comprise not less than 3 (three) and not more than 7 (seven) members ( inclusive of the Contract Officer and the Technical officer) unless otherwise agreed by the Appointing Authority; in 4 When technically relevant, the TEB shall comprise at least one staff member from D/TEC and/or from D/HSO and/or from D/HFI and/or from D/LAU.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 13 addition, unless otherwise authorised by the Appointing Authority, no more than half of its members shall be from: i. the Initiating Directorate for ESTEC ii. the Initiating Department for the other establishments and sites. 1.1.11 For non-competitive tender actions which have not been the subject of a procurement proposal to the IPC and for all competitive or restricted competitive tender actions inferior to 100 000 Euro which have been the subject or not of a procurement proposal to the IPC, the TEB membership shall, without exception, comprise as a minimum the Technical officer and the Contract officer. 1.1.12 For restricted tender actions carried out under Framework Agreements a TEB shall normally comprise not less than 3 (three) and not more than 7 (seven) members. 1.1.13 Appointment of TEB members other than those foreseen under paragraph 1.1.9 above shall be made on a case by case basis upon written justification at the time of the proposal for the TEB nomination. 1.2 Specific function-related composition requirements 1.2.1 Chairperson 5 The Chairperson of the TEB shall not be from the Department of the Initiating Authority and shall be of a grade 6 equal or superior to that of the Technical officer. The Technical officer shall not be eligible to be Chairperson In the case of non competitive tender actions where the TEB consists only of the Contract officer and the Technical officer, the Contract officer shall act as Chairperson. 1.2.2 Deputy Chairperson 7 A Deputy Chairperson shall be appointed for every TEB consisting of at least 4 (four) members. The Technical officer shall not be eligible to be Deputy Chairperson. 1.2.3 Joint Secretaries Upon their appointment, the Technical officer and the Contract officer shall act as Joint Secretaries of the TEB. Unless otherwise specified in this TEM, the Joint Secretaries form the Tender Opening Board (“TOB”). 5 In the frame of international agreements entered into by the Agency with public bodies (including International Organisations), or in the case of collaborative programmes and when this is expressly foreseen in the programme’s legal instruments, the Chairmanship of the TEB may be co-chaired by a member of the said public body. In such cases the role and responsibilities of the co-chair shall be established in the agreement or as the case may be in a specific TEM. 6 For the purpose of this TEM the reference to grade shall not take into account the steps of a given grade band. 7 Idem footnote 1 one above.
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ARTICLE 1: - emits - ESA

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