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ESA/REG/001, rev.2 Annex III,rev.1 Page 80 4.2 Disposal of proposals Where a decision is taken to cancel or re-issue the RFP with or without amendments, within five working days of the said decision all proposals received shall be disposed of by the Agency. A letter shall be send to the concerned framework contractors notifying them of the Agency’s decision. Chapter 5: Distribution of admitted proposals 28 5.1 Following the closing of the TOB proceedings, each member of the TEB shall receive a complete copy of each admitted proposal unless otherwise required pursuant to the ESA Security Directives; when required, any other TEB participant shall receive either a complete or a partial copy of each admitted tender. 5.2 In support to the evaluation, specific parts of the proposals may be further distributed to: i. Cost Engineering services. ii. Procurement Audit and Industrial Policy services. 5.3 Proposals or part of shall not be distributed to any other persons. 5.4 Upon receipt of the documents the recipient shall sign off the receipt form. 5.5 Proposals received shall be treated by the recipients as “ESA Unclassified Proprietary Information- PRIVILEGED” and shall be handled accordingly. (see ESA Security Directives (ESA ADMIN/IPOL(2008)6) Annex 2 Section 3.4) such as to avoid the disclosure of their content. 28 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 5 shall be established at the time of the issuing of the RFP and communicated to the framework contractors in the RFP.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 81 Chapter 6: TEB responsibilities subsequent to the receipt of proposals The TEB, shall assess proposals, mark them, apply weighting factors when applicable, prepare a final report on the results and make a recommendation as to any action to be taken as an outcome of the evaluation, in accordance with the following procedures. 6.1 Preliminary assessment 6.1.1 Prior to a qualitative assessment of the proposals admitted for evaluation by the TOB, the TEB shall undertake a second verification that each proposal is compliant with the formal conditions specific to the RFP. 6.1.2 If any of the above formal conditions, or if any other element specifically required in the conditions of the RFP (including key acceptance factors) is missing and that omission is such as to render the proposal substantively incomplete, then the TEB shall eliminate such proposal from further evaluation. 6.2 Evaluation 6.2.1 The TEB shall evaluate against the set of criteria defined in the RFP: i. the completeness and the quality of the proposal against the requirements of the RFP. ii. whether the RFP requirements are complied with. 6.2.2 The TEB shall identify the strengths and weaknesses of each proposal in respect to the criteria 29 . 6.2.3 If a statement contained in a proposal needs clarification, the procedure to be followed in such a case is the one described in Chapter 7 below. 6.3 Discussion of findings 6.3.1 Prior to the marking of proposals the TEB shall discuss its findings on each aspect of a proposal. 6.3.2 The TEB Chairperson shall guide the discussion in such a way that any significant difference of opinion may be reduced, and if this is not possible, then this is clearly identified and recorded. 6.4 Marking of proposals 6.4.1 The TEB following its discussion of findings shall award marks to each of the criteria. 6.4.2 TEB members shall mark all criteria for which they have a general understanding 29 This shall be done by comparing the proposal with the RFP requirements, and not by comparing proposals among themselves.
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ARTICLE 1: - emits - ESA

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