ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex III,rev.1 Page 74 2.2 Clarifications to the RFP 2.2.1 The Agency may, before the closing dates and time of receipt of proposals, issue clarifications on the RFP either at the request of a concerned framework contractor or on its own initiative. 2.2.2 Questions from framework contractors will only be considered when submitted in writing to the responsible Contract officer in the manner specified in the RFP and before the time-limits prescribed in the said RFP. 2.2.3 Only questions received within the above time-limits and concerning the understanding of the Agency’s requirements will be answered. 2.2.4 The Contract officer shall transmit the questions to the Technical officer. Both will decide how the questions should be answered. 2.2.5 The answers to the questions will be prepared by the Technical officer or by the Contract officer or by both. They shall be published without communicating the name of the framework contractor asking the question. The answer and the question shall be communicated simultaneously to all framework contractors concerned on the same date in a manner identical with that applicable in respect of the original RFP’s publication. Such communications shall be kept in the RFP file. 2.2.6 Should the Technical Officer or the Contract officer deem that the answer could constitute an amendment to the RFP they shall: i. Submit it to the Chairperson of the TEB and the Head of the local Procurement division/ service for consultation. ii. Following such consultation, the TEB Chairperson shall consult with the TEB in order to assess the impact of the proposed amendment on the RFP and he shall take the appropriate measures, including if necessary re-issuing of the RFP. Where such amendments would have the effect of making eligible framework contractors originally not declared eligible, the RFP shall be re-issued. 2.2.7 Any clarification to the RFP - including as appropriate any extension of the closing date and time for the receipt of proposals - shall be communicated simultaneously to all framework contractors concerned in a manner identical with that applicable in respect of the original RFP publication. Such clarifications shall be kept in the RFP file. 2.3 Communications with framework contractors Communications with framework contractors shall be formal, in writing, and restricted to what is necessary to ensure clarity of the Agency’s requirements and to preserve fair competition.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 75 Any communication shall be issued by the responsible Contracts Officer or in his absence through the local Procurement division/ service and recorded in the work order file of the procurement. 2.4 Rescheduling of the TEB calendar Any event having the effect of extending the closing date for the receipt of proposals reschedules the established calendar accordingly, and is recorded as such. It shall also be recorded in the work order file of the procurement and when required communicated to the local Contract planning officer. Chapter 3: Receipt and Opening of proposals 26 Pursuant to Article 34 of the Procurement Regulations, all proposals received shall be opened by a Tender Opening Board (TOB) after the closing date and time established for the RFP. 3.1 Principles governing the proceedings of the TOB The procedures regulating the receipt and opening of proposals are primarily established at ensuring that no distortion of competition or unfair advantage to a particular framework contractor occurs, and that all framework contractors having submitted a proposal have complied with the conditions required in the RFP. 3.2 The Tender Opening Board (TOB) 3.2.1 The TOB consists at least of two persons, including the responsible Contract Officer, one at least being a staff member of the Agency. 3.2.2 Where a TEB was nominated prior to the issuing of the RFP or during the tendering period the TOB shall consist of the Joint Secretaries of the TEB. 3.2.3 The admission of the proposals shall be made by the Contracts Officer. Where the latter considers that one or more proposals are not admissible as per paragraph 3.3 below, the decision shall be taken by the TOB. 3.2.4 In the framework of international agreements entered into by the Agency with public bodies (including International Organisations) - or in the case of collaborative programmes - and when expressly foreseen in the programme legal instruments, the TOB may be supplemented by representatives of the public body. The latter shall be subject to the same obligations concerning in-confidence and non-interest as those applicable to TEB members. 26 Where and RFP requires that proposals be received electronically by e-mail or posted on a dedicated server, specific provisions modifying the provisions of Chapter 3 shall be established at the time of the issuing of the RFP and communicated to the framework contractors in the RFP.
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<strong>ESA</strong>/REG/001, rev.2<br />
Annex III,rev.1<br />
Page 74<br />
2.2 Clarifications to the RFP<br />
2.2.1 The Agency may, before the closing dates and time of receipt of proposals, issue<br />
clarifications on the RFP either at the request of a concerned framework contractor or<br />
on its own initiative.<br />
2.2.2 Questions from framework contractors will only be considered when submitted in<br />
writing to the responsible Contract officer in the manner specified in the RFP and<br />
before the time-limits prescribed in the said RFP.<br />
2.2.3 Only questions received within the above time-limits and concerning the<br />
understanding of the Agency’s requirements will be answered.<br />
2.2.4 The Contract officer shall transmit the questions to the Technical officer. Both<br />
will decide how the questions should be answered.<br />
2.2.5 The answers to the questions will be prepared by the Technical officer or by the<br />
Contract officer or by both. They shall be published without communicating the name<br />
of the framework contractor asking the question. The answer and the question shall be<br />
communicated simultaneously to all framework contractors concerned on the same date<br />
in a manner identical with that applicable in respect of the original RFP’s publication.<br />
Such communications shall be kept in the RFP file.<br />
2.2.6 Should the Technical Officer or the Contract officer deem that the answer could<br />
constitute an amendment to the RFP they shall:<br />
i. Submit it to the Chairperson of the TEB and the Head of the local Procurement<br />
division/ service for consultation.<br />
ii.<br />
Following such consultation, the TEB Chairperson shall consult with the TEB<br />
in order to assess the impact of the proposed amendment on the RFP and he<br />
shall take the appropriate measures, including if necessary re-issuing of the<br />
RFP.<br />
Where such amendments would have the effect of making eligible framework<br />
contractors originally not declared eligible, the RFP shall be re-issued.<br />
2.2.7 Any clarification to the RFP - including as appropriate any extension of the<br />
closing date and time for the receipt of proposals - shall be communicated<br />
simultaneously to all framework contractors concerned in a manner identical with that<br />
applicable in respect of the original RFP publication. Such clarifications shall be kept in<br />
the RFP file.<br />
2.3 Communications with framework contractors<br />
Communications with framework contractors shall be formal, in writing, and restricted<br />
to what is necessary to ensure clarity of the Agency’s requirements and to preserve fair<br />
competition.
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