ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Annex III,rev.1 Page 92 Tenders or part of shall be treated 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). 4.1 Quorum 4.1.1 A TEP can only meet if a simple majority of its members are present including its Chairperson. 4.1.2 Members who participate in the meeting by means of teleconference or videoconference are to be considered present. 4.2 Voting and marking rules. 4.2.1 The decisions of the TEP shall normally be taken by a simple majority vote of members present. 4.2.2 Decisions of the TEP may be taken by consensus if so proposed by the Chairperson at the start of the meeting. If a member objects, the simple majority vote rule shall apply. 4.2.3 In case of a tie, the Chairperson shall have a casting vote. 4.2.4 Marking shall be given individually by the TEP members. 4.2.5 Members who have communicated their marks or vote in writing but are not present in the way described under paragraph 4.1.2 above are not to be considered as present and their marks or vote shall not be taken into account. 4.3 TEP member’s right to challenge 4.3.1 Should a TEP member find that in the course of the TEP’s proceedings there is cause to challenge the proceedings of the TEP on grounds of respect of the applicable rules and regulations or the principles of transparency and fair and equitable treatment of all economic operators, he may challenge the proceedings. Such challenge shall be recorded in writing in the minutes of the TEP meeting during which such request was made. 4.3.2 In such cases, the TEP’s Chairperson shall immediately inform the TEB’s Chairperson and the TEB’s Contract officer for resolution. 4.3.3 Until such time the matter is resolved, the TEP proceedings may continue but in no case will the TEP proceed with any marking. 4.3.4 The outcome of the challenge and any decisions taken in this context shall be recorded in the files.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 93 4.4 Minutes of TEP meetings 4.4.1 The minutes of each TEP meeting shall be in such form as the TEB or the TEP’s chairman may direct. They shall however contain as a minimum: i. the subject matter of the meeting and the reference number of the procurement; ii. the date of the TEP meetings; iii. the names of those present ; iv. any matter which any member of the TEP may ask to have recorded; and, v. a summary record of any decisions taken by the TEP. 4.4.2 In addition, the minutes of the first TEP meeting shall contain: i. a statement by the Chairperson that he has reminded the members that they must declare any conflict of interest; ii. iii. iv. the confirmation that the Chairperson and each member has completed and signed the Declaration of non-interest; a statement by the Chairperson that he has reminded the members of their duty not to disclose any information concerning any aspect of the proceedings to third parties to the TEP, and to keep all documents pertaining to the TEP proceedings safe from access by third parties; the calendar and schedule of the next meeting(s) consistent with the overall schedule set by the TEB; and, v. in attachments, all Declarations of non-interest signed by the participants. 4.5 TEP’s Evaluation report 4.5.1 The TEP’s evaluation report shall be signed by the TEP members present at the time of the marking and shall be kept in the contracts file. 4.5.2 The evaluation report shall contain as a minimum: i. the reference and subject of the ITT or RFQ; ii. iii. iv. Identification of the aspects which the TEP is to evaluate; the list of the criteria and sub-criteria established by the TEB for the aspects to be evaluated, together with any interpretation by the TEP; Any special instructions given by the TEB;
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ARTICLE 1: - emits - ESA

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