ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex III,rev.1 Page 94 v. A table containing the marks given to each tender for each criterion or sub-criterion established by the TEB; vi. vii. viii. the overall assessment of each tender providing a reasonable understanding of the marks given; any points of negotiation which would need to be settled prior to a contract being placed; and, A special section reporting any unresolved disagreements between member of the panel. Chapter 5: In-confidence and non-interest 5.1 In confidence 5.1.1 Unless otherwise provided for in this TEM all deliberations of the TEP must be treated strictly in confidence and documents handled according to their level of classification. This obligation of confidentiality can only be waived by a direct written instruction of the Director General, or when the TEP member is called as a witness or is interviewed in the framework of the Agency’s Procurement Review Process. 5.1.2 Once appointed, TEP members shall not be subjected to instructions from their hierarchy or employer in respect of their activities as participant to a TEP. 5.1.3 The TEP Chairperson shall give an oral briefing on the on going proceedings of the TEP to the TEB. In such a case any information provided shall be treated strictly in confidence by the recipients. 5.1.4 Should a TEP member be requested - or put under any pressure - to disclose the proceedings or any documentation - or part of - to any unauthorised third party to the TEP or to the TEB, he shall immediately report the matter to the TEB’s Contract Officer for recording and shall inform the TEP’s Chairperson, the TEB’s Chairperson and the Head of the Procurement Department for taking the appropriate action. 5.2 Conflict of interest Pursuant to Article 22 of the Procurement Regulations, whether in the frame of competitive tendering or none competitive tendering, there is a conflict of interest when the impartial and objective exercise of the functions of a TEP member is compromised for reasons involving family, emotional life, political affinity, economic interest or any other shared interest with Tenderers. This may consist of but not be limited to:
ESA/REG/001, rev. 2 Annex III,rev.1 Page 95 i. an immediate member of the family of a TEP member directly employed by or sitting on the board of one of the Tenderers 32 or of its subsidiaries or subcontractors; ii. iii. iv. cases covered by regulation 3 “Loyalty” of the ESA Staff Regulations, Rules and Instructions; 33 a TEP member who has applied for a position with one of the Tenderers or with one of its subsidiaries or subcontractors and is currently awaiting for an answer or has already been offered a position; a TEP member recruited by the Agency or by his current employer since less than twelve months and whose last employer is one of the Tenderers or one of its subsidiaries or subcontractors. 5.3 Declaration of non-interest 5.3.1 At the time of their appointment or at the time of the first TEP meeting whatever the earliest, TEP members are required to declare any known or potential conflict of interest which may impair the outcome of the tender action. 32 for the purpose of the subject provision, are considered as Tenderers any companies who will be considered as sub- contractors or major suppliers in case of contracts award. 33 ESA STAFF REGULATIONS ; REGULATION 3 LOYALTY 3.1 A staff member may not accept any honour from a government or other source external to the Agency without the permission of the Director General. 3.2 Staff members shall abstain from all political activities and, more generally, from any public action or statement or publication if such activity, statement or publication is incompatible with the duties or obligations of an international civil servant or liable to involve the moral or material responsibility of the Agency. 3.3 A staff member shall not hold any posts or have any regular or paid occupation outside the Agency without the Director General’s permission. 3.4 A staff member, or his spouse, may not directly or indirectly hold such interests in a commercial firm as could, by their nature, compromise his independence in the discharge of his duties in the Agency. Rule 3/1 Loyalty – General provisions (i) (ii) (iii) The Director General shall have discretion to judge whether or not honours, and outside remunerations, activities and interests, are compatible with employment by the Agency and with the performance of a staff member's duties. The staff member concerned shall submit in writing, through his Personnel Officer, any applications for permission and statements which the Director General will need in order to form his judgement in the cases referred to above. The provisions relating specifically to certain of such statements and applications are given in Rules 3.1/1 to 3.4/1. An omission or false statement in infringement of Regulation 3 may lead to the termination of a staff member’s appointment under Regulation 15.3(iii) or his dismissal under Regulation 25.2(iv)
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<strong>ESA</strong>/REG/001, rev.2<br />
Annex III,rev.1<br />
Page 94<br />
v. A table containing the marks given to each tender for each criterion or<br />
sub-criterion established by the TEB;<br />
vi.<br />
vii.<br />
viii.<br />
the overall assessment of each tender providing a reasonable understanding of<br />
the marks given;<br />
any points of negotiation which would need to be settled prior to a contract<br />
being placed; and,<br />
A special section reporting any unresolved disagreements between member of<br />
the panel.<br />
Chapter 5: In-confidence and non-interest<br />
5.1 In confidence<br />
5.1.1 Unless otherwise provided for in this TEM all deliberations of the TEP must be<br />
treated strictly in confidence and documents handled according to their level of<br />
classification.<br />
This obligation of confidentiality can only be waived by a direct written instruction of<br />
the Director General, or when the TEP member is called as a witness or is interviewed<br />
in the framework of the Agency’s Procurement Review Process.<br />
5.1.2 Once appointed, TEP members shall not be subjected to instructions from their<br />
hierarchy or employer in respect of their activities as participant to a TEP.<br />
5.1.3 The TEP Chairperson shall give an oral briefing on the on going proceedings of<br />
the TEP to the TEB.<br />
In such a case any information provided shall be treated strictly in confidence by the<br />
recipients.<br />
5.1.4 Should a TEP member be requested - or put under any pressure - to disclose the<br />
proceedings or any documentation - or part of - to any unauthorised third party to the<br />
TEP or to the TEB, he shall immediately report the matter to the TEB’s Contract<br />
Officer for recording and shall inform the TEP’s Chairperson, the TEB’s Chairperson<br />
and the Head of the Procurement Department for taking the appropriate action.<br />
5.2 Conflict of interest<br />
Pursuant to Article 22 of the Procurement Regulations, whether in the frame of<br />
competitive tendering or none competitive tendering, there is a conflict of interest when<br />
the impartial and objective exercise of the functions of a TEP member is compromised<br />
for reasons involving family, emotional life, political affinity, economic interest or any<br />
other shared interest with Tenderers. This may consist of but not be limited to:
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