ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 36 Chapter 4: Receipt and opening of tenders Pursuant to Article 34 of the Procurement Regulations, all tenders received shall be opened by a Tender Opening Board (TOB) after the closing date and time established for the ITT. 4.1 Principles governing the proceedings of the TOB The procedures regulating the receipt and opening of tenders are primarily established at ensuring that no distortion of competition or unfair advantage to a particular Tenderer occurs, and that all Tenderers have complied with both the general and special conditions of tender required in the ITT. 4.2 The Tender Opening Board (TOB) 4.2.1 The TOB shall consist of the Joint Secretaries of the TEB. The Contract officer shall act as Chairperson of the TOB. 4.2.2 For some tender actions identified in specific implementing instructions, the TOB may consist of the Contract officer and the local Contract planning officer (CPO), the latter acting as Chairperson of the TOB. 4.2.3 Where the Technical officer is in an establishment different from that of the Contracts officer or where the Technical officer is exceptionally absent, he may request to be replaced by another Contracts officer or the local Contract planning officer (CPO). 4.2.4 In the framework of international agreements entered into by the Agency with public bodies (including International Organisations) - or in the case of collaborative programmes - and when expressly foreseen in the programme legal instruments, the TOB may be supplemented by representatives of the public body. The latter shall be subject to the same obligations concerning in-confidence and non-interest as those applicable to TEB members. 4.3 Duties of the Tender Opening Board 4.3.1 Meeting. The TOB shall convene as soon as possible after the closing date and time stipulated in the ITT. 4.3.2 Opening Conditions. No opening may take place in the absence of a staff member of the Procurement Department. Prior to the opening of the tenders, the TOB shall verify that the dispatch conditions have been met.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 37 4.3.3 Admissibility of tenders i. Tenders shall be admitted if they were received before the closing date and time and if they do not show prima facie evidence of a major non-compliance with the formal tender conditions (including specific key acceptance factors) which would render the tender incomplete or could impair the fairness or secrecy of the competition. ii. iii. Tenders received after the closing date and time may be admitted if the Tenderer has dispatched the tender in time to meet the closing date and has notified the Contract officer in writing (fax, e-mail with proof of dispatch…)of the dispatch. If a tender, having been dispatched in time, with the proper written notification sent to the Agency, appears to have been lost or delayed in the transmission, the Agency may grant the Tenderer an extension allowing for the dispatching of duplicates within defined time-limits. In such a case, the Contract officer shall request the Tenderer to send within 1 (one) working day the summary technical description, price and schedule of delivery by telecopy, and when technically feasible the full proposal by e-mail in Pdf format. iv. Tenders arriving after the expiry of the said limits and for which no proper written notification or proof of dispatch was send to the Agency in due time shall not be taken into consideration and will be returned unopened to the Tenderer. 4.3.4 Non-admissible tenders When a tender is considered non-admissible by the TOB, the TOB Chairperson shall inform the TEB Chairperson and both shall submit the matter to the Head of the local Procurement division/ service for decision. If the tender is ruled non-admissible, the local Procurement division/ service shall within 3 working days from the decision notify the Tenderer in writing (“notification of non- admissibility”), stating the reasons for which the tender was considered non admissible . 4.4 TOB decision-making 4.4.1 Decisions by the TOB shall be taken unanimously. 4.4.2 If a decision cannot be taken unanimously, the Chairperson of the TOB shall inform the TEB Chairperson and both shall submit the matter to the Head of the local procurement division/ service for decision.
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ARTICLE 1: - emits - ESA

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