ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 16 ARTICLE 6 - RECORDING OF THE PROCESS 1. The Agency shall maintain a record of the procurement proceedings followed for each individual procurement. Such record shall be kept in the contract file and shall contain, at a minimum, the following information: a) a brief description of the subject of the procurement; b) the tender procedure followed and for restricted or non competitive tender, the basis for such tender procedure; c) a summary of any requests for clarification of the Invitation to Tender documents, the responses thereto, as well as a summary of any modification of those documents; d) the names of Tenderers that submitted tenders in response to the Invitation to Tender and the price and geographical distribution of each tender; e) a summary report comprising: i. the evaluation and comparison of tenders, including the application of any weighting factors and resulting marks; ii. the name of the Tenderer with whom the contract is entered into and the contract price; f) the record of any consultation and/or negotiation held with Tenderers in the course of the proceedings prior to the award and placing of the contract; g) if the proceedings did not result in a contract, a statement to that effect and of the grounds therefore; h) for each tender rejected a statement to that effect and the grounds therefore. 2. The statement referred to under paragraph 1.h) shall, on written request and following the official notification of the rejection by the Agency, be made available in writing to the Tenderer whose tender has been rejected. 3. In the written notification issued by the Agency of the outcome of the procurement proceedings and foreseen under Article 45 of these Regulations, the portion of records referred to in paragraph 1.e) pertaining to an individual tender shall be made available to the Tenderer. 4. Disclosure of the record referred to under paragraph 1. may be requested at an earlier stage by the Agency’s Industrial Ombudsman. However, except when ordered to do so
ESA/REG/001, rev.2 Page 17 by the Agency’s Industrial Ombudsman and/or the Agency’s Procurement Review Board, and subject to the conditions of such an order, the Agency shall not disclose: a) information if its disclosure would prejudice legitimate commercial interests of the parties or would inhibit fair competition; b) information relating to the examination, evaluation and comparison of tenders and Tenderers other than the summary referred to in paragraph 1. e); or c) information which is covered by the Agency’s Security Regulations. 5. In application of Article 7.2 b) of these Regulations any delegation of a Member State, Associate Member State or Cooperating State may, in a specific case, ask for the summary report referred to in paragraph 1.e) and which concerns a Tenderer considered to belong to that State. 6. The Agency shall not be liable to Tenderers for damages owing: a) solely to a failure to maintain a record of the procurement proceedings in accordance with the present article; or b) to disclosure by a recipient of the summary reports provided pursuant to paragraph 5.
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Page 3 and 4: ESA/REG/001, rev.2 Page 3 EUROPEAN
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ARTICLE 1: - emits - ESA

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