ARTICLE 1: - emits - ESA

More documents

Recommendations

Info

ESA/REG/001, rev.2 Annex III,rev.1 Page 26 Chapter 5: In-confidence and non-interest 5.1 In-confidence 5.1.1 Unless otherwise provided for in this TEM all deliberations of the TEB and tender evaluation panels must be treated strictly in confidence and documents handled according to their level of classification. This obligation of confidentiality can only be waived by a direct written instruction of the Director General, or when the participant is called as a witness or is interviewed in the framework of the Agency’s Procurement Review Process. 5.1.2 Once appointed, TEB participants or panel members shall not be subjected to instructions from their hierarchy or employer in respect of their activities as participant to a TEB or panel. 5.1.3 The TEB Chairperson or the Joint Secretaries shall be authorised to give an oral briefing on the on going proceedings of the TEB to the Director General, the responsible initiating Director/Head of Department or to the Appointing Authority or to the Head of the local Procurement division/ service when so required by any of them in writing. Such written requirement is not applicable in the case of non-competitive tender. In such a case any information provided shall be treated strictly in confidence by the recipients. Any breach of such obligation may lead to sanctions as foreseen hereunder. 5.1.4 Should a participant to a TEB or panel be requested - or put under any pressure - to disclose the proceedings or any documentation - or part of - to any unauthorised third party to the TEB or panel, he shall immediately report the matter to the Contract officer for recording and shall inform the Chairperson and the Head of the Procurement Department for them to take appropriate action. 5.1.5 Pursuant to Article 36.3 of the Procurement Regulations, within 60 (sixty) calendar days following the issuance of the notification to Tenderers which have not been selected, their tenders shall be destroyed, unless the Tenderer requested their return in writing. Such disposal shall be made in collaboration with the local site and security services according to the procedures in force at ESA. 5.2 Conflict of interest Pursuant to Article 22 of the Procurement Regulations, whether in the frame of competitive tendering or none competitive tendering, there is a conflict of interest when the impartial and objective exercise of the functions of a TEB participant or panel member is compromised for reasons involving family, emotional life, political affinity,
ESA/REG/001, rev. 2 Annex III,rev.1 Page 27 economic interest or any other shared interest with Tenderers. This may consist of but not be limited to: i. an immediate member of the family of a TEB participant or panel member directly employed by or sitting on the board of one of the Tenderers 13 or of its subsidiaries or subcontractors; ii. iii. iv. cases covered by regulation 3 “Loyalty” of the ESA Staff Regulations, Rules and Instructions; a TEB participant or panel member who has applied for a position with one of the Tenderers or with one of its subsidiaries or subcontractors and is currently awaiting for an answer or has already been offered a position; a TEB participant or panel member recruited by the Agency or by his current employer since less than twelve months and whose last employer is one of the Tenderers or one of its subsidiaries or subcontractors; v. a TEB participant or panel member employed by an economic operator or Tendering Body susceptible of submitting a tender (including as a subcontractor) in response to the subject tender action. 5.3 Declaration of non-interest 5.3.1 At the time of the first TEB Meeting or tender evaluation panel meeting, TEB participants or panel members are required to declare any known or potential conflict of interest which may impair the outcome of the tender action. 5.3.2 Where a TEB participant or panel member declares a conflict of interest at the time of the first TEB meeting or tender evaluation panel meeting, the Contract officer in consultation with the TEB Chairperson shall immediately inform the Appointing Authority who in consultation with the Initiating Authority (and when applicable for ESA staff the Director General), shall assess whether or not such interests are compatible with his participation to the TEB. 5.3.3 At the time of receipt of the tenders for evaluation TEB participants or panel members will be requested to review this declaration in the light of the tenders received. This shall be recorded in the tenders distribution receipt form. 5.3.4 Where a TEB participant or panel member declares a conflict of interest at the time of the receipt of the tenders, the Contract officer in consultation with the TEB Chairperson shall immediately inform the Initiating Authority who shall propose a replacement to the Appointing Authority. 13 for the purpose of the subject provision, are considered as Tenderers any companies who will be considered as sub-contractors or major suppliers in case of contracts award.
Page 1 and 2:
ESA UNCLASSIFIED - Releasable to th
Page 3 and 4:
ESA/REG/001, rev.2 Page 3 EUROPEAN
Page 5 and 6:
ESA/REG/001, rev.2 Page 5 PART III
Page 7 and 8:
ESA/REG/001, rev.2 Page 7 ANNEXES I
Page 9 and 10:
ESA/REG/001, rev.2 Page 9 PART I: G
Page 11 and 12:
ESA/REG/001, rev.2 Page 11 Tender E
Page 13 and 14:
ESA/REG/001, rev.2 Page 13 ARTICLE
Page 15 and 16:
ESA/REG/001, rev.2 Page 15 3. The A
Page 17 and 18:
ESA/REG/001, rev.2 Page 17 by the A
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
ESA/REG/001, rev.2 Page 25 PART II:
Page 27 and 28:
Page 29 and 30:
ESA/REG/001, rev.2 Page 29 If provi
Page 31 and 32:
ESA/REG/001, rev.2 Page 31 PART III
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
ESA/REG/001, rev.2 Page 39 PART IV
Page 41 and 42:
Page 43 and 44:
ESA/REG/001, rev.2 Page 43 2. For r
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
ESA/REG/001, rev.2 Page 51 10. When
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
ESA/REG/001, rev.2 Page 61 b) where
Page 63 and 64:
Page 65 and 66:
ESA/REG/001, rev.2 Page 65 PART VI:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78: ESA/REG/001, rev.2 Page 77 PART VII
Page 79 and 80: ESA/REG/001, rev.2 ANNEXES ANNEXES
Page 81 and 82: ESA/REG/001, rev.2 Annex I,rev.1 AN
Page 83 and 84: ESA/REG/001, rev.2 Annex I,rev.1 Pa
Page 93 and 94: ESA/REG/001, rev.2 Annex II, rev.1
Page 95 and 96: ESA/REG/001, rev.2 Annex II,rev.1 P
Page 103 and 104: ESA/REG/001, rev.2 Annex III, rev.1
Page 105 and 106: ESA/REG/001, rev. 2 Annex III,rev.1
Page 127: ESA/REG/001, rev. 2 Annex III,rev.1
Page 179 and 180:
ESA/REG/001, rev. 2 Annex III,rev.1
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201:
Page 204 and 205:
ESA/REG/001, rev.2 Annex IV Page 2
Page 206 and 207:
ESA/REG/001, rev.2 Annex V,rev.1 Pa
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
Page 218 and 219:
Page 220 and 221:
Page 222 and 223:
Page 224 and 225:
ESA/REG/001, rev.2 Annex VI,rev.1 P
Page 226 and 227:
Page 228 and 229:
Page 230 and 231:
Page 232 and 233:
Page 234 and 235:
Page 236 and 237:
Page 238 and 239:
show all

ARTICLE 1: - emits - ESA

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?