ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 64 7.4.8 Where prior to the attribution of marks it was decided by the TEB to mark by consensus, any member who at the time of the marking cannot agree with the proposed consensus marking shall specifically state why he disagrees on which criterion, and this shall be recorded in the minutes by the Contract officer. In the latter case the marking shall be performed individually. 7.4.9 When the Chairperson of the TEB is satisfied that further discussion will not lead to a reduction of any discrepancies, the marks shall be officially recorded on the marking sheets. Marks once thus recorded cannot be changed. 7.5 Assessment of results following the marking 7.5.1 If as a result of the marking the tender is marked acceptable (i.e. ≥ 40 under all evaluation criteria), the TEB shall: i. proceed in applying the weighting factors when applicable; ii. make its overall assessment and recommendation pursuant to paragraph 7.6 below; and, iii. finalise its final report and have it signed by all members. 7.5.2 If as a result of the marking the tender has received marks below 40 under one or more criteria, the TEB shall not apply the weighting factors when applicable, close the evaluation and draw up its final report. In such a case: i. the Chairperson of the TEB shall submit the report to the Initiating Authority and to the Head of the Procurement Department or the person to whom he has delegated his authority for their decision on whether to re-issue the RFQ; and, ii. The decision and the reasons therefore shall be recorded by the Contract officer in the contract file. 7.6 Application of weighting factors for tender actions superior or equal to 20 000 000 Euro Once the TEB has proceeded with its marking (paragraph 7.5.1 above ), it shall proceed with the application of the weighting factors. The result of such application will be weighted marks which shall also be filled into the marking sheets together with their respective aggregate.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 65 7.7 Overall assessment of tender and finalisation of recommendation 7.7.1 The TEB shall proceed with an overall assessment of the tender taking into consideration the price and when established in the RFQ at the time of its issuing the industrial policy measures and/or the geographical return requirements. 7.7.2 The TEB Chairperson shall guide the discussion in such a way that any possible significant differences of opinion may be reduced, or if this is not possible, that they are clearly identified and recorded. 7.7.3 As a result of the overall assessment of the tender, the TEB shall make a final recommendation for awarding the contract to the Tenderer. For RFQs superior or equal to 20 000 000 Euro a final recommendation for awarding the contract can only be made if the Tenderer has obtained a minimum overall weighted mark of at least sixty (60). 7.7.4 The TEB shall also identify the main items that would require negotiation with the Tenderer prior to the placing of a contract and such findings shall be clearly identified in its report. 7.7.5 The TEB may make in its final report any other remark it considers relevant to the evaluation. 7.8 Submission of the final evaluation report for decision 7.8.1 Pursuant to Article 42.4 of the Procurement Regulations, the Technical officer shall submit the final evaluation report to the Initiating Authority and to the Head of the local procurement division/ service for joint decision by attaching the scanned copy of the original final report signed by the TEB members to the appropriate electronic form. 7.8.2 In order to help them in their decision the Initiating Authority and/or the Head of the local Procurement division/ service may require a copy of the tender. 7.8.3 At this stage, the TEB Chairperson together with the Contract officer shall give an oral report to the Director General, the initiating Director, the Initiating Authority, the Appointing Authority and to the Head of the local Procurement division/ service, when required by them. This shall be recorded in the contract file. 7.9 Referral of the final report back to the TEB Exceptionally, in case of doubt as to the correctness or completeness of the evaluation, the Initiating Authority and/or the Head of the local Procurement division/ service may refer the matter back to the TEB Chairperson and Contract officer in writing with their detailed comments for further evaluation by the TEB; they shall, however, not direct changes to evaluation criteria, or marks.
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ARTICLE 1: - emits - ESA

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