ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex III,rev.1 Page 56 2.2.6 Should the TEB Chairperson, the Technical officer or the Contract officer deem that the answer could constitute an amendment to the RFQ they shall: i. submit the answers to the Initiating Directorate/Department and to the Appointing Authority in order for the latter to assess whether the basis on which the initial decision to waive competition was made is still valid and decide accordingly in such case the procedure foreseen under 2.1.2 above shall apply. ii. where the Appointing Authority is satisfied that such answers 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 amendment on the RFQ and he shall take the appropriate measures, including if necessary reissuing of the RFQ. 2.2.7 Any clarification to the RFQ including as appropriate any extension of the closing date and time for the receipt of the tender shall be communicated in a manner identical with that applicable in respect of the original RFQ publication. Such clarifications and the associated decisions shall be kept in the contract file of the procurement. 2.3 Communications with the Tenderer Communications with the Tenderer shall be formal, in writing, and restricted to what is necessary to ensure clarity of the Agency’s requirements. Any communication shall be issued 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 the tender reschedules the TEB calendar established prior to the issuing of the RFQ 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 meetings with the Tenderer prior to or during the tendering period Further to clarifications and amendments, the Agency may communicate at any time with the Tenderer through the organisation of briefing meetings when justified by the complexity of the RFQ. 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.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 57 3.2 Briefing meetings which take place after the issuing of the RFQ 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 shall be communicated by the Contract officer in a manner identical with that applicable to the publication of the original or forthcoming RFQ. Chapter 4: Receipt and opening of tender (Tender Opening Board Process) Pursuant to Article 34 of the Procurement Regulations, the tender received shall be opened by a Tender Opening Board (TOB) after the closing date and time established for the RFQ. 4.1 Principles governing the proceedings of the TOB The procedures regulating the receipt and opening of tenders in the frame of noncompetitive tenders are primarily established at ensuring that the Tenderer has complied with both the general and special conditions of tender required in the RFQ. 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’s 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.
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<strong>ESA</strong>/REG/001, rev.2<br />
Annex III,rev.1<br />
Page 56<br />
2.2.6 Should the TEB Chairperson, the Technical officer or the Contract officer deem<br />
that the answer could constitute an amendment to the RFQ they shall:<br />
i. submit the answers to the Initiating Directorate/Department and to the<br />
Appointing Authority in order for the latter to assess whether the basis on which<br />
the initial decision to waive competition was made is still valid and decide<br />
accordingly in such case the procedure foreseen under 2.1.2 above shall apply.<br />
ii.<br />
where the Appointing Authority is satisfied that such answers do not invalidate<br />
the basis on which competition was waived, the TEB Chairperson shall consult<br />
with the TEB in order to assess the impact of the proposed amendment on the<br />
RFQ and he shall take the appropriate measures, including if necessary reissuing<br />
of the RFQ.<br />
2.2.7 Any clarification to the RFQ including as appropriate any extension of the closing<br />
date and time for the receipt of the tender shall be communicated in a manner identical<br />
with that applicable in respect of the original RFQ publication. Such clarifications and<br />
the associated decisions shall be kept in the contract file of the procurement.<br />
2.3 Communications with the Tenderer<br />
Communications with the Tenderer shall be formal, in writing, and restricted to what is<br />
necessary to ensure clarity of the Agency’s requirements. Any communication shall be<br />
issued through the local Procurement division/ service and recorded in the contract file<br />
of the procurement.<br />
2.4 Rescheduling of the TEB calendar<br />
Any extension of the closing date for the receipt of the tender reschedules the TEB<br />
calendar established prior to the issuing of the RFQ accordingly, and is recorded as<br />
such. It shall also be recorded in the contract file of the procurement and communicated<br />
to the local Contract Planning officer.<br />
Chapter 3: Briefing meetings with the Tenderer prior to or during the<br />
tendering period<br />
Further to clarifications and amendments, the Agency may communicate at any time<br />
with the Tenderer through the organisation of briefing meetings when justified by the<br />
complexity of the RFQ.<br />
3.1 Briefing meetings shall inasmuch as possible take place on the Agency’s premises<br />
and shall be called or organised jointly by the Procurement Department and by the<br />
Initiating Authority.
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