ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 70 v. the technical parts of the RFP do not contain contractual aspects: vi. vii. viii. where the proposed budget is to be published in the RFP, it is commensurate with the subject procurement. Should this not be the case, the Chairperson together with the Joint Secretaries shall consult with the Initiating Authority. All such matters shall be duly recorded in the RFP file; all applicable industrial policy and geographical return requirements are correctly reflected and unambiguous; and, the proposed schedule to complete the work is realistic. Should this not be the case, the Chairperson together with the Joint Secretaries shall consult with the Initiating Authority. All such matters shall be duly recorded in the summary minutes of the meeting. 1.3 Endorsement and approval of RFP documents for release 1.3.1 Once the TEB considers that all the conditions set forth in section 1.2 above are met, the documents shall be considered endorsed and shall be submitted to the Initiating Authority and the local Procurement division/ service for approval. 1.3.2 Should the Initiating Authority consider that the documents submitted result in a substantial change or complete review of the programmatic and technical content of the approved tender action or result in one or more substantive modification to the terms set out in the Framework Agreement it shall have the right to reject all or part of the documents endorsed by the TEB. In such case it shall notify the Chairperson and the Joint Secretaries accordingly, provide them with his detailed comments and ask for the TEB to reconvene for taking his comments into consideration. 1.3.3 Should the local Procurement division/ service be of the opinion that the documents presented contain some elements or ambiguities which may impair the principles of transparency and fair and equitable treatment of all eligible framework contractors, or result in one or more substantive modification to the terms set out in the Framework Agreement, or do not comply with the applicable instructions or specific industrial policy measures, it shall return the form to the Initiating Authority with its comments for further implementation by the TEB. 1.3.4 Once approved by the Initiating Authority and the local Procurement division/ service, the documents shall be binding for the subsequent evaluation phase, unless modified in accordance with the provisions of Chapter 2 hereafter and distributed to the TEB when a TEB is not nominated prior to the issuing of the RFP.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 71 1.4 Establishment and handling of the evaluation criteria and weighting factors Pursuant to Article 25 of the Procurement Regulations and based on the proposal made by the Joint Secretaries, the TEB shall establish the evaluation criteria, and the associated weighting factors. Evaluation criteria are applied by the TEB to determine the strengths and weaknesses of a proposal by separate evaluations of its various aspects. The number of evaluation criteria shall never be less than two and no more than five. 1.4.1 Evaluation criteria shall be established and published for each RFP. Once approved, the evaluation criteria shall be binding for the evaluation. 1.4.2 For the establishment of the evaluation criteria: i. Where standard evaluation criteria for RFPs have been established within the Framework Agreement the TEB shall use such criteria. ii. iii. Where, within the same Framework Agreement, for a previous RFP covering identical supplies or services evaluation criteria have bee established by a TEB, such previously established evaluation criteria shall be used unless it was considered subsequently that such criteria were not adequate. Where none of the two cases above apply, the TEB shall be free to establish such evaluation criteria as it sees fit, provided that: a. all significant parts of the RFP are covered, and b. such criteria do not repeat the criteria which served as a basis for the initial selection of the framework contractors. 25 1.4.3 When establishing criteria, the TEB shall inasmuch as possible follow established practice and shall take into consideration the following: i. evaluation criteria shall be well defined, logically distinct and avoid duplication; and, ii. evaluation criteria shall not create unfair advantage for one framework contractor over another. 1.4.4 Weighting factors i. The TEB shall attribute weighting factors against each of the evaluation criteria it establishes and shall publish them in the RFP. 25 Evaluation Criteria should not among others be ones covering the technical ability, or relevant experience of framework contractors etc. since this should have been the basis for their initial selection.
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ARTICLE 1: - emits - ESA

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