ARTICLE 1: - emits - ESA

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<strong>ESA</strong>/REG/001, rev.2 Annex III,rev.1 Page 84 6.7.3 As a result of the overall assessment of proposals, the TEB shall make a final recommendation for awarding the work order to the framework contractor who offers the most economic and effective employment of the Agency’s resources. This shall be the best combination of the total weighted mark and when applicable the industrial policy measures and/or the geographical return requirements or any other requirements established in the RFP at the time of its issuing . In the case of general procurements, this shall be the lowest price proposal acceptable under all the evaluation criteria. For RFPs superior or equal to 20 000 000 Euro a final recommendation for awarding the work order can only be made for a proposal if the latter has obtained a minimum overall weighted mark of at least sixty (60). 6.7.4 The TEB shall also identify the main items that would require negotiation with the recommended framework contractor prior to the placing of a work order and such findings shall be clearly identified in its report. 6.7.5 The TEB shall recommend only one proposal unless it was indicated in the RFP that more than one work order could be placed. In such a case, the TEB shall recommend the proposals which come in decreasing order in the overall assessment provided they are of a good quality. 6.8 Submission of the final evaluation report for decision 6.8.1 The Technical officer shall submit the final evaluation report to the Initiating Authority and to the Head of the local procurement division/ service for joint decision. 6.8.2 In order to help them in their decision the Initiating Authority and/or the Head of the local Procurement division/ service may require a copy of the proposal (s) recommended. 6.8.3 At this stage, the TEB Chairperson together with the Contract officer shall give an oral report to the Director General, the responsible Director, the Head of the Procurement Department, the Initiating Authority, the Appointing Authority and to the Head of the local Procurement division/ service, when required by them. 6.9 Referral of the final report back to the TEB Exceptionally, in case of doubt as to the correctness or completeness of the evaluation, the Initiating Authority and/or the Head of the local Procurement division/ service may refer the matter back to the TEB Chairperson and Contract Officer in writing with their detailed comments for further evaluation by the TEB; they shall, however, not direct changes to evaluation criteria, weighting factors or marks.
<strong>ESA</strong>/REG/001, rev. 2 Annex III,rev.1 Page 85 6.10 Closing of evaluation by the TEB 6.10.1 A TEB is maintained until such time a final recommendation is made or the action cancelled. 6.10.2 On finalisation of the evaluation, the TEB Chairperson shall remind its members again not to disclose any information concerning the evaluation to any third party, unless expressly authorised by the Director General. 6.10.3 Each TEB participant who has received a proposal - or part(s) of - shall return such documents immediately to the Contract officer for further disposal. 6.10.4 The Contract officer shall keep the originals of the recommended proposal(s) and the Initiating Authority and the Technical officer may each retain one copy for the purpose of administering the resulting work order(s). 6.10.5 The Contract officer shall ensure that any other documents no longer needed for the sake of keeping the records are collected and disposed of. Chapter 7: Communications with Framework Contractors subsequent to the admittance of their proposals for evaluation Communications with framework contractors shall be limited to clarifications, notifications, shall be in writing and shall preserve fair competition. Any communication shall be issued through the local procurement division/ service and recorded in the RFP file. 7.1 Clarifications If an omission in a proposal is considered unintentional or if a statement contained in a proposal needs clarification, the local Procurement division/ service shall, on the request of the Chairperson of the TEB consult with the framework contractor concerned in writing in order to obtain any clarification necessary for evaluation. 7.2 Notification to framework contractors after evaluation Pursuant to Article 45 of the Procurement Regulations, framework contractors who have not been selected for the placing of a work order will be notified by the Procurement Department of the outcome of their respective proposals. Such notification shall be issued after the necessary internal approvals within the Agency have been obtained, or after the signature of the work order and/or PATP by the Agency with the successful framework contractors, whichever takes place first.
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ARTICLE 1: - emits - ESA

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