ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex VI,rev.1 Page 4 2. The PRSE designated staff member (s) shall be under the direct authority of the senior staff in charge of the Procurement Regulations within the Procurement Department. 3. The PRSE staff name(s) and coordinate shall be made public. 4. The PRSE shall maintain a database containing the records of each case. 5. The Terms of Reference of the PRSE and its functioning shall be established by the Head of the Procurement Department and communicated to the Agency’s Industrial Ombudsman and to the Agency’s Procurement Review Board. ARTICLE 5: EVIDENCE GATHERED BY OR SUBMITTED TO THE PRSE AND ACCESS 1. In order to gather any necessary evidence for the establishment of facts necessary for the reaching of a decision or a recommendation by the Head of the Procurement Department, the Agency’s Industrial Ombudsman or the Agency’s Procurement Review Board, the PRSE staff shall: a) be given unrestricted access to all the Agency’s proceedings and records of the procurements which are subject to review; b) have the right to interview individuals participating on behalf of the Agency in the procurements under review. In such cases the statements of the individual being interviewed shall be taken down by the PRSE staff and shall be signed by the staff interviewed; and, c) have the right to request the claimant to produce all documents and to supply all information which is considered desirable for the conduct of the proceedings. 2. The parties to a claim, the Agency’s Industrial Ombudsman and the Procurement Review Board shall have access to all evidence gathered by or submitted to the PRSE. ARTICLE 6: REFERAL OF MATTERS 1. A claim shall be referred to the Head of the Procurement Department or the person designated by him within the time limits set under Article 50 of the Agency’s Procurement Regulations. 2. In circumstances beyond the claimant's control, however, the Head of the Procurement Department or the person designated by him may admit claims brought after the time limits laid down in Article 50 of the Agency’s Procurement Regulations.
ARTICLE 7: ESA/REG/001, rev.2 Annex VI,rev.1 Page 5 FORM AND LANGUAGE OF THE REFERRAL 1. A matter shall be referred to the Head of the Procurement Department or the person designated by him in the form of a written claim either in English or French, using the standard form established to that effect with copy to the PRSE, giving the subject matter of the dispute and a summary of the grounds on which the claim is based. 2. The claim shall be accompanied by the decision in writing, if any, which is challenged. 3. In order to ease the review process by the Head of the Procurement Department, copies of the documents requested may be send in parallel by electronic mail to the Head of the Procurement Department or the person designated by him and the PRSE at a specific address set up for the purpose. 4. In case of conflict, the written claim and accompanying documents required under the provisions of Section 1 above shall be considered as the original form of the referral. ARTICLE 8: SUPPORTING DOCUMENTS 1. When presenting his claim the claimant shall produce any documentary evidence he may have, and, if possible, the text of the contested decision, as well as any of the decisions or recommendations whether made before or after the contested decision. 2. In the absence of a decision the claimant must produce a copy of the original petition which he had sent to the Agency’s Procurement Department. 3. Should the claimant's petition be insufficiently precise, the PRSE shall summon him and take down his statements in writing in order to define the subject-matter of the claim. These statements shall then be signed by the claimant. 4. The petitions and documentary evidence in support, as well as all other documents submitted to the Procurement Department, shall be in English or French. ARTICLE 9: WITHDRAWAL OF CLAIM 1. Once a matter is referred to the Head of the Procurement Department in the form prescribed under Article 6 of the present Implementing Instruction, the claimant is free to withdraw his claim in writing at any time. 2. The Head of the Procurement Department or the person designated by him shall accept the withdrawal.
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<strong>ESA</strong>/REG/001, rev.2<br />
Annex VI,rev.1<br />
Page 4<br />
2. The PRSE designated staff member (s) shall be under the direct authority of the<br />
senior staff in charge of the Procurement Regulations within the Procurement<br />
Department.<br />
3. The PRSE staff name(s) and coordinate shall be made public.<br />
4. The PRSE shall maintain a database containing the records of each case.<br />
5. The Terms of Reference of the PRSE and its functioning shall be established by the<br />
Head of the Procurement Department and communicated to the Agency’s Industrial<br />
Ombudsman and to the Agency’s Procurement Review Board.<br />
<strong>ARTICLE</strong> 5:<br />
EVIDENCE GATHERED BY OR SUBMITTED TO THE<br />
PRSE AND ACCESS<br />
1. In order to gather any necessary evidence for the establishment of facts necessary<br />
for the reaching of a decision or a recommendation by the Head of the Procurement<br />
Department, the Agency’s Industrial Ombudsman or the Agency’s Procurement<br />
Review Board, the PRSE staff shall:<br />
a) be given unrestricted access to all the Agency’s proceedings and records of the<br />
procurements which are subject to review;<br />
b) have the right to interview individuals participating on behalf of the Agency in<br />
the procurements under review. In such cases the statements of the individual<br />
being interviewed shall be taken down by the PRSE staff and shall be signed by<br />
the staff interviewed; and,<br />
c) have the right to request the claimant to produce all documents and to supply all<br />
information which is considered desirable for the conduct of the proceedings.<br />
2. The parties to a claim, the Agency’s Industrial Ombudsman and the Procurement<br />
Review Board shall have access to all evidence gathered by or submitted to the<br />
PRSE.<br />
<strong>ARTICLE</strong> 6:<br />
REFERAL OF MATTERS<br />
1. A claim shall be referred to the Head of the Procurement Department or the person<br />
designated by him within the time limits set under Article 50 of the Agency’s<br />
Procurement Regulations.<br />
2. In circumstances beyond the claimant's control, however, the Head of the<br />
Procurement Department or the person designated by him may admit claims<br />
brought after the time limits laid down in Article 50 of the Agency’s Procurement<br />
Regulations.
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