ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Annex III,rev.1 Page 28 5.4 Sanctions 5.4.1 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEB participants or panel members who are ESA staff members may lead to disciplinary action as foreseen under the ESA Staff Regulations, Rules and Instructions 14 . 5.4.2 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEB participants or panel members who are seconded to ESA may lead to the immediate termination of their secondment. 5.4.3 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEB participants or panel members who have been 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, may lead to their immediate removal from the TEB or evaluation panel. A notification to the concerned body shall be issued immediately by the Head of the Procurement Department for further evaluation of the case. 5.4.4 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEB participants or panel members who are contractors staff on ESA sites shall lead to their immediate removal from ESA’s premises and may further result in the termination of the contract for fault in case of wilful act. 14 ESA STAFF REGULATIONS ; REGULATION 3 LOYALTY 3.1 A staff member may not accept any honour from a government or other source external to the Agency without the permission of the Director General. 3.2 Staff members shall abstain from all political activities and, more generally, from any public action or statement or publication if such activity, statement or publication is incompatible with the duties or obligations of an international civil servant or liable to involve the moral or material responsibility of the Agency. 3.3 A staff member shall not hold any posts or have any regular or paid occupation outside the Agency without the Director General’s permission. 3.4 A staff member, or his spouse, may not directly or indirectly hold such interests in a commercial firm as could, by their nature, compromise his independence in the discharge of his duties in the Agency. Rule 3/1 Loyalty – General provisions (i) (ii) (iii) The Director General shall have discretion to judge whether or not honours, and outside remunerations, activities and interests, are compatible with employment by the Agency and with the performance of a staff member's duties. The staff member concerned shall submit in writing, through his Personnel Officer, any applications for permission and statements which the Director General will need in order to form his judgement in the cases referred to above. The provisions relating specifically to certain of such statements and applications are given in Rules 3.1/1 to 3.4/1. An omission or false statement in infringement of Regulation 3 may lead to the termination of a staff member’s appointment under Regulation 15.3(iii) or his dismissal under Regulation 25.2(iv)
ESA/REG/001, rev. 2 Annex III,rev.1 Page 29 PART II: PROCEDURE FOR COMPETITIVE TENDERING Chapter 1: TEB responsibilities prior to the issuing of the ITT. (PRE- TEB) Prior to the issuing of the ITT, the TEB under the responsibility of its Chairperson shall review the corresponding solicitation package. 1.1 Acceptability of ITT documents for review by the TEB 1.1.1 All technical and managerial solicitation documents which form part of the ITT package to be reviewed by the TEB shall be distributed by the responsible Technical officer at least five (5) working days prior to the first meeting of the TEB 15 . In the absence of any such documents on the fifth working day preceding the first meeting of the TEB, the TEB Chairperson shall call off the said meeting. 1.1.2 Those contractual solicitation documents which shall form part of the ITT package to be published by the Agency shall be distributed by the Contract officer at least two working days prior to the first TEB meeting. Such documents shall generally consist of a draft contract and draft special conditions for tender. In the absence of any such documents on the day preceding the first meeting of the TEB, the TEB Chairperson may call off the said meeting. 1.2 Amendments to the technical and managerial solicitation documents 1.2.1 No amendment of the ITT technical and managerial solicitation documents which would result in a substantial change or complete review of the programmatic and technical content of the approved tender action can be made by the TEB without the prior approval of the Initiating Authority which remains responsible for the procurement action. 1.2.2 Should the TEB feel that such changes are needed, the proceedings of the TEB shall be suspended and the Chairperson together with the Joint Secretaries shall consult with the Initiating Authority or a person duly designated by it. All such matters shall be duly recorded in the summary minutes of the meeting. 1.2.3 When reviewing the documents the TEB shall ensure that: i. they constitute a proper basis for a competitive tender; ii. the requirements are unambiguous and exhaustive so that all potential Tenderers can understand them; 15 The Contract Officer will organise the meeting, such meeting may be held by teleconference or video conference.
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