ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Page 22 Incentives designed to achieve maximum economy and efficiency shall be included in contracts, where appropriate, particularly where they are to be placed on a costreimbursement basis. Details of the types of prices are defined in the "General Clauses and Conditions for ESA Contracts”. 6. Contracts at a ceiling price to be converted into a fixed price or on a costreimbursement basis shall be subject to cost control. In the case of contracts of major importance such control shall be undertaken during the execution of the contract. 7. The Contract price shall be expressed in Euro. 8. At the discretion of the Director General, industrial cost and rates audits may be carried out at any time prior or subsequent to the award of a contract by the Agency. The conditions under which these audits shall be carried out, exceptions, the frequency and validity period during which the rates will be binding, shall be established by means of an implementing instruction. 9. At the discretion of the Director General, audits may be carried out at any time to check whether an economic operator complies with the requirements set under Article II.3 of Annex V to the Agency’s Convention. The conditions under which these audits shall be carried out shall be established by means of an implementing instruction.
ESA/REG/001, rev.2 Page 23 ARTICLE 11- GRANTING OF SPECIAL RIGHTS IN THE FRAME OF AGREEMENTS 1. Where in the frame of an agreement which is not a contract as defined under Article 2 of these Regulations, the Agency grants to a Party to the agreement the right to carry out procurements on its behalf through the establishment of contracts, the agreement by which that right is granted shall provide that, in respect of the tendering process followed and the resulting contract which the Party awards as part of the activities covered by the agreement, the Party must comply with the principles set forth under Article 10.1 of these Regulations. 2. In order to ensure the execution of such obligations by the Party concerned, the Agency shall establish a specific set of procurement requirements to be made applicable to the agreement. Such requirements may include “Best Practices” foreseen under Article 17.2 of these Regulations. In all cases such requirements shall not be subject to the right of review provided for under Part VI of these Regulations.
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<strong>ESA</strong>/REG/001, rev.2<br />
Page 23<br />
<strong>ARTICLE</strong> 11-<br />
GRANTING OF SPECIAL RIGHTS IN THE FRAME OF<br />
AGREEMENTS<br />
1. Where in the frame of an agreement which is not a contract as defined under Article 2<br />
of these Regulations, the Agency grants to a Party to the agreement the right to carry<br />
out procurements on its behalf through the establishment of contracts, the agreement by<br />
which that right is granted shall provide that, in respect of the tendering process<br />
followed and the resulting contract which the Party awards as part of the activities<br />
covered by the agreement, the Party must comply with the principles set forth under<br />
Article 10.1 of these Regulations.<br />
2. In order to ensure the execution of such obligations by the Party concerned, the Agency<br />
shall establish a specific set of procurement requirements to be made applicable to the<br />
agreement. Such requirements may include “Best Practices” foreseen under Article<br />
17.2 of these Regulations.<br />
In all cases such requirements shall not be subject to the right of review provided for<br />
under Part VI of these Regulations.
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