ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Annex III,rev.1 Page 20 3.3 Duties of the Joint Secretaries The Joint Secretaries are specifically responsible for: i. keeping the records of all meetings; ii. iii. iv. taking short minutes and ensuring their distribution to all members; drafting of the TEB reports; ensuring that the reports and minutes of the TEB are drawn up and signed; v. making the necessary arrangements concerning experts and observers from outside the Agency; vi. vii. viii. ix. submitting a proposal to the TEB Chairperson for the time schedule up to recommendation; ensuring the distribution of admitted tenders or part of; submitting a proposal for evaluation criteria and, if the complexity of an evaluation so requires, for sub-criteria, for approval by the TEB; submitting a proposal for the appointment of tender evaluation panels ( together with the panel reference documents) to the TEB for approval if the complexity of an evaluation so requires; x. ensuring that in the case of competitive tender actions the ITT package does not contain any information susceptible to allow for the identification of the TEB participants other than the Contract officer; and, xi. participate in any briefing or debriefing as called for under the present TEM or the Procurement Regulations. 3.4 Specific duties of the Contract officer In addition to his duties as Joint Secretary to the TEB or Chairperson of the TEB in some cases of non-competitive tendering, the Contract officer shall: i. see to it that the TEB participants observe the applicable procurement rules and procedures and that the approved procurement policy is correctly implemented; ii. iii. keep the records of the procurement proceedings in line with the requirements set under Article 6 of the Procurement Regulations; in the case of appointment of a tender evaluation panel, ensure that the nomination of members is done in conformity with Part V of the present TEM ;
ESA/REG/001, rev. 2 Annex III,rev.1 Page 21 iv. see to it, in consultation with the Chairperson and the Technical officer that the text and the marks given in the TEB report are coherent; v. during the tendering period be the only authorised person to receive any questions and requests from potential Tenderers and to issue the related answers by ESA in such a manner compatible with the principles of transparency and fair and equitable treatment of all economic operators; vi. vii. viii. in case of negotiations with Tenderers, communicate the questions and demands to the Tenderers concerned ; 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; and, participate in any briefing or debriefing as called for under the present TEM or the Procurement Regulations. Chapter 4: TEB Proceedings Unless otherwise provided for by the level of classification of the tender action, TEB proceedings (including that of TOB and Panels) and any documents produced in that framework are categorised as “ESA Unclassified for Internal Use - PRIVILEGED” and shall be handled accordingly. (see ESA Security Directives (ESA ADMIN/IPOL(2008)6) Annex 2 Section 3.4). Once finalised and approved in accordance with the provision of this TEM, documents to be published shall prior to their release be marked as “ESA Unclassified-Releasable to the Public”. Tenders received shall be treated as “ESA Unclassified Proprietary Information – PRIVILEGED” and shall be handled accordingly. (see ESA Security Directives (ESA ADMIN/IPOL(2008)6) Annex 2 Section 3.4). 4.1 Quorum 4.1.1 A TEB can only meet if the following three conditions are met: i. two thirds 9 of its appointed members are present including its Chairperson or its deputy; 9 Rounded up to the greatest integer ( 5/3x2=3.33 >4 or 4/3x2=2.66 >3)
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ARTICLE 1: - emits - ESA

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