ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA
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<strong>ESA</strong>/REG/001, rev.2<br />
Annex III,rev.1<br />
Page 76<br />
3.3 Duties of the Tender Opening Board<br />
3.3.1 Meeting.<br />
The TOB shall convene as soon as possible after the closing date and time stipulated in<br />
the RFP.<br />
3.3.2 Opening Conditions.<br />
No opening may take place in the absence of a member of the Procurement Department.<br />
Prior to the opening of the proposals, the TOB shall verify that the dispatch conditions<br />
have been met.<br />
3.3.3 Admissibility of proposals<br />
i. Proposals shall be admitted if they were received before the closing date and<br />
time and if they do not show prima facie evidence of a major non-compliance<br />
with the RFP’s formal conditions (including specific key acceptance factors)<br />
which would render the proposal incomplete or could impair the fairness or<br />
secrecy of the competition.<br />
ii.<br />
iii.<br />
Proposals received after the closing date and time may be admitted if the<br />
framework contractor has dispatched the proposal in time to meet the closing<br />
date and has notified the Contracts Officer in writing (fax, e-mail with proof of<br />
dispatch…) of the dispatch.<br />
If a proposal, having been dispatched in time, with the proper written<br />
notification sent to the Agency, appears to have been lost or delayed in the<br />
transmission, the Agency may grant the concerned framework contractor an<br />
extension allowing for the dispatching of duplicates within defined time-limits.<br />
In such a case, the Contract officer shall request the concerned framework<br />
contractor to send within 1 (one) working day the summary description, price<br />
and schedule of delivery by telecopy, and when technically feasible the full<br />
proposal by e-mail in Pdf format.<br />
iv.<br />
Proposals arriving after the expiry of the said limits and for which no proper<br />
written notification or proof of dispatch was send to the Agency in due time<br />
shall not be taken into consideration and will be returned unopened to the<br />
framework contractor concerned.<br />
3.3.4 Non-admissible proposals<br />
When a proposal is considered non-admissible by the TOB, the TOB Chairperson shall<br />
inform the TEB Chairperson and both shall submit the matter to the Head of the local<br />
Procurement division/ service for decision. If the proposal is ruled non-admissible, the<br />
local Procurement division/ service shall within 3 working days from the decision<br />
notify the concerned framework contractor in writing (“notification of nonadmissibility”),<br />
stating the reasons for which the proposal was considered non<br />
admissible.