ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 38 4.4.3 Where no tenders have been received, the TOB Chairperson shall inform the TEB Chairperson and shall submit the matter to both the Initiating Authority and the Head of the local procurement division/service for deciding jointly on whether to re-issue the ITT - either unchanged or amended. Should they deem that re-issuing of the ITT, even with amended specifications, would be unlikely to yield acceptable tenders, the overall tender action shall be cancelled. The Contract officer shall implement the decision accordingly, notify the local Contracts Planning officer, and this shall be recorded in the contract file. 4.4.4 Where only one tender has been received, the TOB Chairperson shall submit the matter to the Initiating Authority and to the Head of the local Procurement division/ service for decision after having consulted with the TEB Chairperson. They shall jointly decide on whether to re-issue the ITT or to evaluate the tender received. A decision to evaluate the admitted tender may only be taken if it is considered that reissuing the ITT would be unlikely to yield better results or would be unfeasible due to the extreme urgency of the procurement or compelling operational requirements. The Contract officer shall implement the decision accordingly, record it in the contract file and notify the local Contracts Planning officer. 4.4.5 Where all tenders received have been ruled non-admissible pursuant to paragraph 4.3.4 above, the Initiating Authority and the Head of the local Procurement division/service shall jointly decide on whether to re-issue the ITT, either unchanged or amended. The Contract officer shall implement the decision accordingly, record it in the contract file and notify the local Contract Planning officer. 4.4.6 In the case of an open competitive tender, any unsolicited tender (e.g. from an economic operator under the jurisdiction of a non-participating State) may, at the discretion of the Head of Procurement Department following consultation with the Initiating Authority, be admitted for evaluation. 4.4.7 In the case of a restricted tender action, an unsolicited tender (e.g. from an economic operator under the jurisdiction of a non-participating State) shall in principle not be admitted for evaluation; nonetheless, the Head of the local Procurement division/ service may decide otherwise after having consulted with the Initiating Authority, taking due account of the terms of the restriction and provided the decision does not prejudice the fairness of the tender action. 4.5 TOB Report 4.5.1 The TOB shall draw up a report containing as a minimum: i. the subject and reference number of the ITT; ii. the date of issuance of the ITT, its closing date and any modifications thereto;
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 39 iii. iv. the names and nationality of the Tenderers and of any subcontractors, their respective quoted price and price type; the status of the tenders as to their admissibility or not, and the reasons for nonadmissibility, as the case may be; v. any decision in the case where a single tender has been received; and, vi. any decision taken pursuant to the key acceptance factors established in the ITT pursuant to Chapter 1 section 1.7 above. 4.5.2 The TOB report shall be drawn up through the TOB electronic report made available and it shall be distributed by the Contract officer to the TEB Chairperson and members and in the case where the tender action has been delegated from one Directorate to another it shall further be distributed to the delegating Directorate for information. 4.5.3 The TOB report shall form the first part of the TEB evaluation report. 4.6 Debriefing to Tenderers ruled non admissible 4.6.1 Pursuant to Article 34.8 of the Procurement Regulations, upon receipt of the notification of non-admissibility, Tenderers ruled non admissible may formally request in writing an oral debriefing from the Contract officer as to the reasons for which their tender was not accepted for evaluation. 4.6.2 Such oral debriefing shall take place at the Agency’s premises and be given by the concerned Contract officer (or in his absence by another Contract officer or his hierarchy) at a date to be agreed with the Tenderer. As a matter of guidance, such debriefings should be given within 10 (ten) calendar days as from the date by which the Agency received the formal written request. If agreed by the parties such debriefing may be given by means of teleconference. 4.6.3 Explanations shall be limited to the findings of the TOB on the tender in question. 4.6.4 Minutes of debriefing meetings shall be established using the standard form and only contain: i. the subject matter of the meeting and the reference number of the procurement; ii. the date of the debriefing meeting ; iii. the way in which it was given (oral or teleconference) ; iv. the names and functions of those participating; and, v. a formal statement that the debriefing was given in accordance with Article 34.8 of the Agency’s Procurement Regulations.
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ARTICLE 1: - emits - ESA

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