ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 22 ii. iii. the nominated Technical officer and Contract officer are present, and at least half of those members present are from outside the Initiating Department or Initiating Directorate 10 . 4.1.2 Where for a given meeting one of the Joint Secretaries is absent for unexpected reasons, the Appointing Authority may have him replaced. In the specific case of the Technical officer this shall be done following consultation with the Initiating Authority following his proposal 11 . Such replacements shall be recorded in the minutes of the meeting. 4.1.3 Members who participate in the meeting by means of teleconference or videoconference are to be considered present. 4.2 Voting and marking rules 4.2.1 The decisions of the TEB shall normally be taken by a simple majority vote of members present. 4.2.2 Decisions of the TEB may be taken by consensus if so proposed by the Chairperson at the start of the meeting. If a member objects, the simple majority vote rule shall apply. 4.2.3 In case of a tie, the Chairperson shall have a casting vote. 4.2.4 Marks shall normally be given individually by the TEB members present. 4.2.5 Marking by the TEB members present may be given by consensus if so proposed by the Chairperson before the marking. If a member objects marks shall be given individually. 4.2.6 Members who have communicated their marks or vote in writing but are not present in the way described under paragraph 4.1.3 above are not to be considered as present and their marks or vote shall not be taken into account. 4.2.7 No voting or marking can take place in the absence of a Contract officer. 4.3 TEB member’s right to challenge 4.3.1 Should a TEB member find that in the course of the tendering procedure, TEB proceedings (including attribution of marks) and deliberations, or during the clarifications or negotiations with the Tenderers, there is cause to challenge the proceedings of the TEB on grounds of respect of the applicable rules and regulations or the principles of transparency and fair and equitable treatment of all economic operators, he may challenge the proceedings. 10 For ESTEC it is always from outside the initiating Directorate 11 In such case he shall fill in the required declaration of confidentiality and none interest
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 23 Such challenge and its justification shall be recorded in writing in the minutes of the meeting during which the challenge was made. 4.3.2 In such cases the Contract officer shall immediately refer the case to the Head of the Procurement department or his designated representative, for resolution. 4.3.3 Until such time the matter is resolved, the TEB proceedings may continue but in no case will the TEB take any decision (s) the result of which would eliminate a Tenderer or proceed with any marking and application of weighting factors. 4.3.4 The challenge, its outcome and any decisions taken in this context by the Head of the Procurement Department shall be recorded in the summary record decisions of the TEB. 4.4 Minutes of TEB meetings 4.4.1 The minutes of each TEB meeting shall contain as a minimum: i. the subject matter of the meeting and the reference number of the procurement; ii. iii. iv. the date of the TEB meeting; the names of those present; the list and references of documents submitted for review; and, v. a summary record of all relevant decisions taken by the TEB such as to allow a proper understanding of the different steps of the procedure followed and in particular those concerning approval and/or amendments to specifications, elimination of tenders, minority statements, challenges. 4.4.2 In addition, the minutes of the first TEB meeting shall contain: i. a statement by the Chairperson that he has reminded the participants that they must declare any conflict of interest; ii. iii. iv. a statement by the Chairperson that he has reminded the participants of their duty not to disclose any information concerning any aspect of the proceedings to third parties to the TEB except to those expressly foreseen under the present TEM, and to keep all documents pertaining to the TEB proceedings safe from access by third parties; the confirmation that the Initiating Authority has provided the TEB with the written confirmation foreseen under Chapter 2.1.6 above; the confirmation that the documents submitted for review by the TEB have undergone when applicable the process required by the Agency’s instructions
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ARTICLE 1: - emits - ESA

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