ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 78 3.6 Debriefing to the framework contractors ruled non admissible 3.6.1 Pursuant to Article 34.8 of the Procurement Regulations, upon receipt of the notification of non-admissibility, framework contractors having submitted a proposal ruled non admissible may formally request in writing an oral debriefing from the Contract officer as to the reasons for which their proposal was not accepted for evaluation. 3.6.2 Such oral debriefing shall be made by teleconference unless otherwise requested by the concerned framework contractor, in such case the debriefing shall take place at the Agency’s premises. Debriefings shall be given by the concerned Contract officer (or in his absence by another Contract officer or his hierarchy) at a date to be agreed with the concerned framework contractor. As a matter of guidance, such debriefings should be given within 10 (ten) calendar days as from the date by which the Agency received the formal written request. 3.6.3 Explanations shall be limited to the findings of the TOB on the proposal in question. 3.6.4 Minutes of debriefing meetings shall be established using the standard form and only contain: i. the subject matter of the meeting and the reference number of the procurement; ii. iii. iv. the date of the debriefing meeting; the way in which it was given (oral or teleconference); the names and functions of those participating; and v. a formal statement that the debriefing was given in accordance with Article 34.8 of the Agency’s Procurement Regulations. 3.6.5 Minutes of debriefings made by teleconference shall be established by the Agency’s concerned Contracts Officer and issued to the concerned framework contractor within one working day for his approval and signature. The original bearing the signature of the concerned framework contractor shall be returned to the Agency who shall append it to the RFP file. Where debriefings take place on the Agency’s premises minutes shall be signed by the participants present and the original shall be appended to the RFP file. 3.7 Public Opening of Proposals. Where pursuant to Article 34.10 of the Procurement Regulations the Agency elects to open publicly, the following shall apply: i. the decision to open publicly shall be taken by the Procurement Department;
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 79 ii. iii. iv. the public opening shall be indicated in the RFP together with the date and place of the public opening; public openings shall take place on the Agency’s premises participation shall be limited to the framework contractors having submitted a proposal and not to framework contractors which did not submit a proposal nor to economic operators who would be acting as subcontractors in any resulting contracts: v. information made public at the time of the opening shall be limited to the name of the framework contractors having submitted a proposal; vi. vii. the list of proposals received will be communicated on request to the framework contractors having submitted a proposal and that are not present at the time of the public opening: and, the proceedings of the public opening shall be recorded in the procurement file . Chapter 4: Re-issuing of the RFP 4.1 Pursuant to Article 35 of the Procurement Regulations, an RFP may only be reissued in the following cases: i. where it is found necessary to amend the RFP after the closing date and time for the receipt of tenders; ii. iii. iv. where substantial 27 errors or irregularities have actually occurred during the tendering process; where the interest of the Agency so requires; where pursuant to Chapter 3 above it has been decided to re-issue the RFP, either unchanged or amended; v. where as a result of the evaluation carried out by the TEB no admitted proposal is acceptable. vi. where the RFP is superior or equal to 20 000 000 Euro and none of the framework contractors having submitted a proposal have obtained an overall minimum weighted mark of 60. The justification for the re-issuing of the RFP shall be recorded in the contract file. 27 A substantial error or irregularity shall be any infringement of the Procurement Regulations and/or its Implementing Instructions or any other pertaining Regulations of the Agency resulting from an act or an omission during the tender process which causes or might cause the principles of transparency and fair and equitable treatment of all economic operators to be jeopardised.
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ARTICLE 1: - emits - ESA

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