ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 54 1.5.2 Proposal for time schedule The TEB Chairperson shall establish in agreement with the other members a calendar of meetings for the TEB further actions up to the recommendation. The time-limits for the tendering period established in conformity with the provisions of Article 29.4 of the Procurement Regulations, shall in no circumstances be less than: i. 30 working days from the date on which the RFQ is published for procurements which have been the subject of a submission to IPC. ii. iii. 20 working days for all other procurement of non- standard supplies or services; 10 working days for the procurement of standard supplies or services which have no industrial policy implications. In cases of duly substantiated urgency this 10 working days time limit may be reduced. This calendar shall be established in such a way that the recommendation shall be reached within a reasonable time-limit following the receipt of the proposal (ideally 30 calendar days with the exception of major tender actions). As a rule, extensions to the closing date should only be granted if the interest of the Agency so requires. 1.6 Appointment of Evaluation Panels Pursuant to Article 23.9 of the Procurement Regulations, and in accordance with PART V of the present TEM, where the complexity of the subject matter of the tender action so warrants, the TEB may appoint tender evaluation panels to advise it on specific aspects of the tenders. 1.7 Key Acceptance Factors The TEB shall when relevant decide on key acceptance factors to be verified by the TOB. Such factors shall in any case be clearly indicated in the RFQ cover letter and/or in the Special Conditions of Tender. Chapter 2: TEB responsibilities during the tendering period 2.1 Amendments to the RFQ 2.1.1 Amendments to the RFQ may be proposed by the Initiating Directorate /Department at any time before the closing date and time of receipt of the tender. 2.1.2 Such amendments will first be submitted to the Appointing Authority in order to assess whether the basis on which the initial decision to waive competition was made is still valid.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 55 2.1.3 Where, the Appointing Authority is of the opinion that such amendments would invalidate the basis on which the initial decision to waive competition was made it shall consult with the Initiating Authority. 2.1.4 Where a referral of the matter to the Adjudication Committee or to the Industrial Policy Committee takes place as a result of the consultation with the Initiating Authority, the RFQ shall be suspended immediately and the Tenderer informed accordingly. 2.1.5 Where a decision to reverse to open competition is taken the RFQ shall be cancelled immediately. 2.1.6 Where the Appointing Authority is satisfied that such amendments do not invalidate the basis on which competition was waived, the TEB Chairperson shall consult with the TEB in order to assess the impact of the proposed amendments on the RFQ and he shall take the appropriate measures, including if necessary re-issuing of the RFQ. 2.1.7 Any amendment to the RFQ – together with any extension of the related closing date for the receipt of tender, as may be required - shall be communicated in the same manner to that which was used at the time of the publication of the original RFQ. Such amendments and the associated decisions shall be kept in the contract file of the procurement. 2.2 Clarifications to the RFQ 2.2.1 The Agency may, before the closing date and time of receipt of the tender, issue clarifications on the RFQ either at the request of the Tenderer or on its own initiative. 2.2.2 Questions from the Tenderer will only be considered when submitted in writing to the responsible Contract officer in the manner specified in the RFQ and before the time-limits prescribed in the said RFQ. 2.2.3 Questions received outside the prescribed time-limits and concerning the understanding of the Agency’s requirements may be answered if the interest of the Agency so requests. 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 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 for approval prior to its sending. The question shall be communicated in a manner identical with that applicable in respect of the original RFQ’s publication. Such communications shall be kept in the contract file of the procurement.
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ARTICLE 1: - emits - ESA

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