ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex III,rev.1 Page 14 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 Secretariat of the TEB may be supplemented by staff of the said public bodies. 1.2.4 Experts As far as possible the appointment of experts shall be avoided. Not taking into account experts nominated in the frame of international agreements entered into by the Agency with public bodies (including International Organisations), or in the case of collaborative programmes, the number of experts in a TEB shall never be superior to half of the nominated TEB members with a maximum of 4 (four). Should the complexity of the matter require more experts then the TEB shall recourse to the nomination of panel(s) except in the case of restricted tender actions carried out under Framework Agreements where no panels are allowed. Where a panel is nominated its Chairperson shall be a member of the TEB. (see Part V of the present TEM) 1.2.4.1 Experts may be: i. ESA staff members; ii. iii. staff members of public bodies (including International Organisations) in the frame of international agreements entered into by the Agency with the public bodies (including international Organisations) or in the frame of collaborative programmes; and/or, staff of public bodies seconded to the Agency, except when their employing organisation has a direct or indirect commercial interest in the outcome of the tender action in question. 1.2.4.2 Appointment of experts other than those foreseen under paragraph 1.2.4.1 above shall be agreed by the Appointing Authority on the basis of a written justification provided at the time of the proposal for the TEB nomination. 1.2.4.3 At the time of their appointment, experts are required to accept in writing the same rules as the other TEB participants. 1.2.4.4 Experts will participate only in those meetings - or part of those meetings - of the TEB where the Chairperson of the TEB, in agreement with the Contract officer, calls on them. Where such agreement cannot be reached the matter shall be referred for resolution to the Head of the Procurement Department or the person to whom he has delegated such authority. The absence of nominated experts shall not constitute a case for not holding a TEB meeting. 1.2.4.5 Experts shall only act in an advisory capacity and are not entitled to vote or to mark.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 15 1.2.4.6 Experts shall receive the tender or only parts of the tender as may be decided by the TEB. 1.2.5 Observers 1.2.5.1 Observers from outside the Agency may attend a TEB upon appointment foreseen in the frame of international agreements entered into by the Agency with public bodies (including international Organisations) or in the frame of collaborative programmes. 1.2.5.2 ESA Staff members may be appointed as observers for the purpose of vocational training. 1.2.5.3 Appointment of observers other than those foreseen under paragraph 1.2.5.1 above shall be agreed by the Appointing Authority on the basis of a written justification provided at the time of the proposal for the TEB nomination. 1.2.5.4 Observers shall be subject to the same rules (secrecy and non-interest) as the other TEB participants. 1.2.5.5 Observers are not entitled to intervene in the deliberations, vote or mark. 1.2.5.6 Observers will participate only in those meetings - or part of those meetings - of the TEB where the Chairperson of the TEB, in agreement with the Contract officer, calls on them. Where such agreement cannot be reached the matter shall be referred for resolution to the Head of the Procurement Department or the person to whom he has delegated such authority. 1.2.5.7 Observers may, if they so wish, consult the tender documents. Such consultation may only take place on the Agency’s premises unless foreseen otherwise in the frame of international agreements entered into by the Agency with public bodies (including international Organisations) or in the frame of collaborative programmes. Chapter 2: Appointment of the TEB The appointment of the TEB participants shall be made in compliance with the requirements of Chapter 1 above. 2.1 Membership proposal 2.1.1 The proposal for the membership of the TEB is the responsibility of the Initiating Authority who shall prepare the required TEB Nomination Form. With the exception of
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<strong>ESA</strong>/REG/001, rev. 2<br />
Annex III,rev.1<br />
Page 15<br />
1.2.4.6 Experts shall receive the tender or only parts of the tender as may be decided by<br />
the TEB.<br />
1.2.5 Observers<br />
1.2.5.1 Observers from outside the Agency may attend a TEB upon appointment<br />
foreseen in the frame of international agreements entered into by the Agency with<br />
public bodies (including international Organisations) or in the frame of collaborative<br />
programmes.<br />
1.2.5.2 <strong>ESA</strong> Staff members may be appointed as observers for the purpose of<br />
vocational training.<br />
1.2.5.3 Appointment of observers other than those foreseen under paragraph 1.2.5.1<br />
above shall be agreed by the Appointing Authority on the basis of a written justification<br />
provided at the time of the proposal for the TEB nomination.<br />
1.2.5.4 Observers shall be subject to the same rules (secrecy and non-interest) as the<br />
other TEB participants.<br />
1.2.5.5 Observers are not entitled to intervene in the deliberations, vote or mark.<br />
1.2.5.6 Observers will participate only in those meetings - or part of those meetings - of<br />
the TEB where the Chairperson of the TEB, in agreement with the Contract officer,<br />
calls on them. Where such agreement cannot be reached the matter shall be referred for<br />
resolution to the Head of the Procurement Department or the person to whom he has<br />
delegated such authority.<br />
1.2.5.7 Observers may, if they so wish, consult the tender documents. Such consultation<br />
may only take place on the Agency’s premises unless foreseen otherwise in the frame<br />
of international agreements entered into by the Agency with public bodies (including<br />
international Organisations) or in the frame of collaborative programmes.<br />
Chapter 2: Appointment of the TEB<br />
The appointment of the TEB participants shall be made in compliance with the<br />
requirements of Chapter 1 above.<br />
2.1 Membership proposal<br />
2.1.1 The proposal for the membership of the TEB is the responsibility of the Initiating<br />
Authority who shall prepare the required TEB Nomination Form. With the exception of
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