ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 76 3.3 Duties of the Tender Opening Board 3.3.1 Meeting. The TOB shall convene as soon as possible after the closing date and time stipulated in the RFP. 3.3.2 Opening Conditions. No opening may take place in the absence of a member of the Procurement Department. Prior to the opening of the proposals, the TOB shall verify that the dispatch conditions have been met. 3.3.3 Admissibility of proposals i. Proposals shall be admitted if they were received before the closing date and time and if they do not show prima facie evidence of a major non-compliance with the RFP’s formal conditions (including specific key acceptance factors) which would render the proposal incomplete or could impair the fairness or secrecy of the competition. ii. iii. Proposals received after the closing date and time may be admitted if the framework contractor has dispatched the proposal in time to meet the closing date and has notified the Contracts Officer in writing (fax, e-mail with proof of dispatch…) of the dispatch. If a proposal, having been dispatched in time, with the proper written notification sent to the Agency, appears to have been lost or delayed in the transmission, the Agency may grant the concerned framework contractor an extension allowing for the dispatching of duplicates within defined time-limits. In such a case, the Contract officer shall request the concerned framework contractor to send within 1 (one) working day the summary description, price and schedule of delivery by telecopy, and when technically feasible the full proposal by e-mail in Pdf format. iv. Proposals arriving after the expiry of the said limits and for which no proper written notification or proof of dispatch was send to the Agency in due time shall not be taken into consideration and will be returned unopened to the framework contractor concerned. 3.3.4 Non-admissible proposals When a proposal is considered non-admissible by the TOB, the TOB Chairperson shall inform the TEB Chairperson and both shall submit the matter to the Head of the local Procurement division/ service for decision. If the proposal is ruled non-admissible, the local Procurement division/ service shall within 3 working days from the decision notify the concerned framework contractor in writing (“notification of nonadmissibility”), stating the reasons for which the proposal was considered non admissible.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 77 3.4 TOB decision-making 3.4.1 Decisions by the TOB shall be taken unanimously. 3.4.2 If a decision cannot be taken unanimously the TOB Chairperson shall inform the TEB Chairperson and both shall submit the matter to the Head of the local Procurement division/ service for decision. 3.4.3 If no proposals have been received, the TOB Chairperson shall inform both the Initiating Authority and the Head of the local procurement division/service and the overall tender action shall be cancelled. The Contract officer shall implement the decision accordingly, notify the local contracts planning officer, and this shall be recorded in the RFP file. 3.4.4 Where all proposals received have been ruled non-admissible pursuant to paragraph 3.3.4 above, the Initiating Authority and the Head of the local Procurement division/service shall jointly decide on whether to re-issue the RFP, either unchanged or amended. The contract officer shall implement the decision accordingly, record it in the work order file and notify the local contract planning officer. 3.5 TOB Report 3.5.1 The TOB shall draw up a report containing as a minimum: i. the subject and reference number of the RFP; ii. iii. iv. the date of issuance of the RFP, its closing date and any modifications thereto; the names and nationality of the framework contractors and of any subcontractors, their respective quoted price and price type; the status of the proposals as to their admissibility or not, and the reasons for non-admissibility, as the case may be; and, v. Any decision taken pursuant to the key acceptance factors established in the RFP. 3.5.2 The TOB report shall be drawn up through the TOB electronic report made available and it shall be distributed by the Contract officer to the TEB Chairperson and members and in the case where the tender action has been delegated from one Directorate to another it shall further be distributed to the delegating Directorate for information. 3.5.3 The TOB report shall form the first part of the TEB evaluation report.
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ARTICLE 1: - emits - ESA

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