ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 34 2.2 Clarifications to the ITT 2.2.1 The Agency may, before the closing dates and time of receipt of tenders, issue clarifications on the ITT either at the request of a potential Tenderer or on its own initiative. 2.2.2 Questions from potential Tenderers will only be considered when submitted in writing to the responsible Contract officer in the manner specified in the ITT and before the time-limits prescribed in the said ITT 17 . 2.2.3 Only questions received within the above time-limits and concerning the understanding of the Agency’s requirements will be answered. 2.2.4 The Contract officer shall transmit the questions to the Technical officer. Both will decide how the questions should be answered. 2.2.5 The answers to the questions will be prepared by the Technical officer or by the Contract officer or by both, and both the question and the answer shall be communicated to the TEB Chairperson (or the deputy Chairperson in case of absence) for approval prior to publication. Without communicating the name of the company asking the question, the answer and the question shall be communicated simultaneously to all potential Tenderers concerned on the same date in a manner identical with that applicable in respect of the original ITT’s publication. For restricted competitions, the question and the answer shall be addressed directly and simultaneously to each potential Tenderer. Such communications shall be kept in the contract file of the procurement. 2.2.6 Should the Technical officer or the Contract officer deem that the answer could constitute an amendment to the ITT they shall: i. submit it to the Chairperson of the TEB and the Head of the local Procurement division/ service for consultation. ii. following such consultation, the TEB Chairperson shall consult with the TEB in order to assess the impact of the proposed amendment on the ITT and he shall take the appropriate measures, including if necessary re-issuing of the ITT. 2.2.7 Any clarification to the ITT - including as appropriate any extension of the closing date and time for the receipt of tenders - shall be communicated simultaneously to all potential Tenderers concerned in a manner identical with that applicable in respect of the original ITT publication. Such clarifications shall be kept in the contract file of the procurement. 17 As a guideline this period should be of 10 working days.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 35 2.3 Communications with potential Tenderers 2.3.1 Communications with potential Tenderers shall be formal, in writing, and restricted to what is necessary to ensure clarity of the Agency’s requirements and to preserve fair competition. 2.3.2 Any communication shall only be issued by the responsible Contracts officer or in his absence through the local Procurement division/ service and recorded in the contract file of the procurement. 2.4 Rescheduling of the TEB calendar Any extension of the closing date for the receipt of tenders reschedules the TEB calendar established prior to the issuing of the ITT accordingly and is recorded as such. It shall also be recorded in the contract file of the procurement and communicated to the local Contract planning officer. Chapter 3: Briefing to potential Tenderers prior to or during the tendering period 18 Further to clarifications and amendments, the Agency may communicate with potential Tenderers through the organisation of briefing meetings when justified by the complexity of the ITT as provided under Article 30.1 of the Procurement Regulations. 3.1 Briefing meetings shall inasmuch as possible take place on the Agency’s premises and shall be called or organised jointly by the Procurement Department and by the Initiating Authority. 3.2 Briefing meetings may take place preferably at any time prior to the issuing of the ITT, exceptionally within the first third of the tendering period. 3.3 Briefing meetings taking place following the issuing of the ITT shall be chaired by the TEB Chairperson and their records shall be kept by the Joint Secretaries of the TEB. 3.4 The invitation to attend briefing meetings and the subsequent questions submitted and answers given during these meetings shall be communicated by the Contract officer simultaneously to all potential Tenderers concerned whether present at the meeting or not in a manner identical with that applicable to the publication of the original or forthcoming ITT. 18 These rules are only applicable once a TEB has been nominated.
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ARTICLE 1: - emits - ESA

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