ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 68 PART IV: PROCEDURE FOR RESTRICTED COMPETITIVE TENDERING IN FRAMEWORK AGREEMENTS For the purpose of this Part IV of the present TEM and pursuant to Article 15.1 of the Procurement Regulations, a Framework Agreement is the aggregation of several frame contracts concluded in identical terms between the Agency and several contractors (hereinafter referred to as framework contractors) in order to ensure the delivery of supplies or rendering of services for a given period and/or within a given financial limit of liability. In a Framework Agreement where frame contracts between the Agency and several contractors have been entered into, for each of the supplies or services to be procured under the Framework Agreement, restricted competitions shall be carried out between all or in some specific cases a limited number 23 of eligible framework contractors. Such supplies or services shall be procured through Request for Proposals (RFP) resulting in the placing of one or more Work Orders. The present Part IV does not apply to Framework Agreements for multiple small units of work resulting in loan employment. In such cases specific procedures authorised by the Head of the Procurement Department shall be established at the time of the issuing of the Tender for the Framework Agreement. Chapter 1: TEB Responsibilities prior to the issuing of the Request For Proposal (RFP). Prior to the issuing of the RFP, the TEB under the responsibility of its Chairperson shall review the corresponding solicitation package. Where a TEB is not nominated prior to the issuing of the RFP, the review of the corresponding solicitation package and the responsibilities of the TEB foreseen under the present Chapter 1 shall, unless specified otherwise, be performed jointly by the Technical Officer and the Contracts Officer. In such cases all resulting decisions and consultations shall be recorded in the RFP file. 23 Where a Framework Agreement covers a number of different supplies and services, there is no obligation on behalf of the Agency to invite those framework contractors participating in such Agreement whose framework contract does not cover the particular supplies or services that are the subject of the RFP. A Framework Agreement may be divided into categories, each covering different supplies or services. In that case the Agency only needs to invite within the Framework Agreement the eligible framework contractors in the categories that cover the goods and services required by the RFP.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 69 1.1 Acceptability of RFP documents for review by the TEB 1.1.1 All solicitation documents which form part of the RFP package to be reviewed shall be distributed by the responsible Technical officer at least five (5) working days prior to the first meeting of the TEB 24 . In the absence of any such documents on the fifth working day preceding the first meeting of the TEB, the TEB Chairperson shall call off the said meeting. 1.1.2 Those contractual solicitation documents which shall form part of the RFP package to be published by the Agency shall be distributed by the Contract Officer at least two working days prior to the first TEB meeting. Such documents shall generally consist of a cover letter, draft Work Order and any specific conditions for tender. In the absence of any such documents on the day preceding the first meeting of the TEB, the TEB Chairperson may call off the said meeting. 1.2 Amendments to the RFP solicitation documents 1.2.1 Amendments to the RFP solicitation documents which would result in one or more substantive modification to the terms set out in the Framework Agreement are not permitted. 1.2.2 Amendments to the RFP solicitation documents which would result in a substantial change or complete review of the programmatic and technical content of the approved tender action cannot be made by the TEB without the prior approval of the Initiating Authority who remains responsible for the procurement action. Should the TEB feel that such amendments are needed, the proceedings of the TEB shall be suspended and the Chairperson together with the Joint Secretaries shall consult with the Initiating Authority or a person duly designated by it. All such matters shall be duly recorded in the summary minutes of the meeting. 1.2.3 When reviewing the documents the TEB shall ensure that when applicable to the specific subject of the RFP: i. they constitute a proper basis for a competitive tender; ii. iii. iv. the requirements are unambiguous and exhaustive so that retained framework contractors can understand them; No elements of the RFP that have the effect of giving preference to some framework contractors or their products are included; terminology and units of measurement used are those normal to the subject matter of the RFP; 24 The Contract officer will organize the meeting, such meeting may be held by teleconference or video conference….
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ARTICLE 1: - emits - ESA

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