ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 18 2.2.3 In the case of tender actions which do not need authorisation by the AC or the IPC, the Procurement Department shall decide on the method of procurement and in agreement with the Initiating Authority on the application of any industrial policy measures unless: i. such method and/or measures were approved by the IPC or AC in a procurement plan, ii. in case of extreme urgency pursuant to article 21.3 of the Procurement Regulations,or iii. in the case of restricted tender actions carried out under Framework Agreements. 2.2.4 Upon receipt of the complete TEB Nomination Form and associated documents, the Appointing Authority may: i. require for justified reasons any modification in the composition of the TEB including the overall number of its participants; ii. iii. iv. decide on an alternative method of procurement in the case of tender actions which do not require prior submission to the AC or to the IPC except in the case of restricted tender actions carried out under Framework Agreements; introduce in agreement with the Initiating Authority any required industrial policy measures or geographical return constraints; postpone or reject the proposed Nomination Form in the absence of any of the documents required under paragraph 2.1.6 above. 2.2.5 The appointments shall be notified to the TEB participants and to the Initiating Authority. 2.3 Changes in appointments 2.3.1 Once appointed a TEB can only be modified in the following cases: i. participant’s termination of employment irrespective of the reason; ii. participant’s short or long term illness, or sabbatical leave; iii. disciplinary actions engaged against a participant; iv. conflict of interest; v. duly justified exceptional circumstances; 2.3.2 In all cases, changes in the composition of a TEB shall only be authorised by the Appointing Authority. Where the original appointment has been subject of an endorsement by the Director General, the Appointing Authority shall consult the Director General before authorising the change. 2.3.3 Changes shall be notified to the TEB participants and to the Initiating Authority.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 19 Chapter 3: TEB Member’s Duties 3.1 Duties of members TEB members shall be responsible for: i. participating actively in all meetings of the TEB called by the Chairperson; ii. iii. iv. reviewing all the documents constituting the solicitation package submitted to them so as to ensure they constitute a proper basis for an ITT or an RFQ pursuant to the requirements set under this TEM; analysing the tenders accepted for evaluation with respect to the requirements set under the published solicitation package and marking them pursuant to the requirements set under this TEM; responding when called as a witness or interviewed in the framework of the Agency’s Procurement Review Process. 3.2 Duties of the Chairperson and Deputy Chairperson of the TEB The Chairperson, and in his absence the Deputy Chairperson of the TEB, shall: i. be responsible for the correct proceedings of the board; ii. iii. iv. establish and maintain the schedule of meetings of the board - including that of tender evaluation panels when appointed - up to the final recommendation in consultation with the other members, and following the proposal made by the Joint Secretaries; by signing the minutes of the last TEB meeting preceding the publication of an ITT or RFQ certify that the proposed solicitation package reviewed by the TEB constitutes a proper basis for an ITT or an RFQ pursuant to the requirements set under this TEM; appoint Tender Evaluation Panels upon proposal by the TEB Joint secretaries; v. chair - or participate in - any briefing or debriefing as called for under the present TEM or the Procurement Regulations; vi. report immediately to the Appointing Authority on any case which he may consider constituting a breach of the principles of transparency and fair and equitable treatment of all economic operators, or on any case in which industrial policy measures applicable to the tender action may be impaired.
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ARTICLE 1: - emits - ESA

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