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ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2<br />

Page 14<br />

<strong>ARTICLE</strong> 5 -<br />

USE OF ELECTRONIC TOOLS<br />

1. Where the Agency publishes its Invitations To Tender or authorises submission of<br />

tenders by electronic means, the tools used and their technical characteristics shall be<br />

non-discriminatory in nature, generally available and interoperable with the information<br />

and communication technology products in general use.<br />

The information relating to the specifications required for presentation of tenders<br />

including encryption, shall be made available to the Tenderers free of charge.<br />

2. Devices for the electronic receipt of tenders, must at least guarantee, through technical<br />

means and appropriate procedures, compliance with the following requirements:<br />

a) electronic signatures/identifiers relating to tenders shall be attributed by the<br />

Agency;<br />

b) the exact time and date of the receipt of tenders can be determined precisely;<br />

c) reasonably ensure that, before the time limits laid down, no one can have<br />

access to data transmitted under these requirements;<br />

d) if that access prohibition referred to in sub-paragraph c) is infringed, it may<br />

be reasonably ensured that the infringement is clearly detectable;<br />

e) only authorised persons may set or change the dates for opening data<br />

received;<br />

f) during the different stages of the procedure access to all data submitted, or<br />

to part thereof, must be possible only through simultaneous action by<br />

authorised persons;<br />

g) simultaneous action by authorised persons must give access to data<br />

transmitted only after the prescribed date;<br />

h) data received and opened in accordance with the requirements set under this<br />

paragraph must remain accessible only to persons authorised to acquaint<br />

themselves therewith;<br />

i) data received and opened in accordance with the requirements set under this<br />

paragraph must remain readily accessible for a minimum of 12 months or<br />

until the time for review foreseen under Part VI of these Regulations has<br />

elapsed, what ever the later.

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