ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 58 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 RFQ. 4.3.2 Conditions. No opening may take place in the absence of a staff member of the Procurement Department. Prior to the opening of the tender, the TOB shall verify that the dispatch conditions have been met. 4.3.3 Admissibility of tenders i. The tender shall be admitted if it was received before the closing date and time and if it does 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. ii. iii. iv. A tender received after the closing date and time shall be admitted if the Tenderer has dispatched the tender in time to meet the closing date and has notified the Agency 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 shall grant the Tenderer an extension allowing for the dispatching of duplicates within defined time-limits. A tender 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 only be taken into consideration if the interest of the Agency so requires otherwise it will be returned unopened to the Tenderer. 4.3.4 Non-admissible tender 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 nonadmissibility”), stating the reason(s) for which the tender was considered non admissible. 4.4 TOB decision-making 4.4.1 Decisions by the TOB shall be taken unanimously.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 59 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. 4.4.3 If no tender has 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 decision. 4.4.4 Should they deem that re-issuing of the RFQ, even with amended specifications, would be unlikely to yield an acceptable tender, 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. 4.5 TOB report 4.5.1 The TOB shall draw up a report containing as a minimum: i. the subject and reference number of the RFQ; ii. iii. iv. the date of issuance of the RFQ, its closing date and any modifications thereto; the names and nationality of the Tenderer and of any subcontractors, their respective quoted price and price type; the status of the tender as to its admissibility or not, and the reasons for nonadmissibility, as the case may be; v. Any decision taken pursuant to the key acceptance factors established in the RFQ 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. 4.5.3 The TOB report shall form the first part of the TEB evaluation report. 4.6 Debriefing to a Tenderer ruled non admissible 4.6.1 Pursuant to Article 34.8 of the Procurement Regulations, upon receipt of the notification of non-admissibility, a Tenderer ruled non admissible may formally request in writing an oral debriefing from the Contract officer as to the reasons for which his 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
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ARTICLE 1: - emits - ESA

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