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ESA/REG/001, rev.2 Annex III,rev.1 Page 96 5.3.2 Where a TEP member declares a conflict of interest at the time of his appointment or of the first TEP meeting, the TEP’s Chairperson shall immediately inform the TEB’s chairperson and Contracts officer who in consultation with the Initiating Authority (and when applicable for ESA staff the Director General), shall assess whether or not such interests are compatible with his participation to the TEP. 5.3.3 At the time of receipt of the tenders or part of for evaluation TEP members will be requested to review this declaration in the light of the tenders received or part of. This shall be recorded in the tenders distribution receipt. 5.3.4 Where a TEP member declares a conflict of interest at the time of the receipt of the tenders or part of, the Contract Officer in consultation with the TEP Chairperson shall immediately inform the TEB Chairperson who shall propose a replacement. 5.4 Sanctions 5.4.1 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEP members who are ESA staff members may lead to disciplinary action as foreseen under the ESA Staff Regulations, Rules and Instructions. 5.4.2 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEP members who are seconded to ESA may lead to the immediate termination of their secondment. 5.4.3 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEP members who have been nominated in the frame of international agreements entered into by the Agency with public bodies (including International Organisations) or in the case of collaborative programmes, may lead to their immediate removal from the TEP. A notification to the concerned body shall be issued immediately by the Head of the Procurement Department for further evaluation of the case. 5.4.4 Any breach, omission or false statement of the above in-confidence and noninterest obligations by TEP members who are contractors staff on ESA sites shall lead to their immediate removal from ESA’s premises and may further result in the termination of the contract for fault in case of wilful act.
ESA/REG/001, rev. 2 Annex III,rev.1 Page 97 Chapter 6: TEP’s responsibilities upon receipt of tenders or parts of 6.1 Handling of the evaluation criteria established by the TEB For the purpose of assessment the TEP may break down the criteria and sub-criteria established by the TEB into further subdivisions but shall mark according to the criteria and sub-criteria as established by the TEB. 6.2 Establishment of the calendar The TEP shall establish the calendar and schedule of its next meetings up to its evaluation report consistent with the overall schedule set for it by the TEB. 6.3 Evaluation 6.3.1 The TEP shall evaluate against the set of criteria defined by the TEB in the ITT/RFQ: i. the quality of the tender or part of against the requirements of the ITT/ RFQ. ii. whether the ITT/ RFQ requirements are complied with. 6.3.2 The TEP shall identify the strengths and weaknesses of each tender in respect to the criteria This shall be done by comparing the tender with the ITT requirements, and not by comparing tenders among themselves. 6.3.3 If a statement contained in a tender needs clarification, the procedure to be followed in such a case is the one described in Chapter 7.1 below. 6.4 Discussion of findings 6.4.1 Prior to the marking of tenders or part of the TEP shall discuss its findings on each aspect of a tender or part of. 6.4.2 The TEP 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. 6.5 Marking 6.5.1 The authorised TEP members following the discussion of findings shall award marks to each of the criteria and sub-criteria where appropriate. 6.5.2 If a member marks one offer under a particular criterion, he shall mark all tenders under the said criterion.
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ARTICLE 1: - emits - ESA

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