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ESA/REG/001, rev.2 Annex VI,rev.1 Page 10 ARTICLE 20: FORM AND LANGUAGE OF THE REFERRAL 1. A matter shall be referred to the IOE in the form of a written claim either in English or French, using the standard form established to that effect, addressed to the IOE with copy to the Head of the Procurement Department or the person designated by him and 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 of the Head of the Procurement Department or the person designated by him, if any, which is challenged. 3. In order to ease the review process by the IOE, copies of the documents requested may be send in parallel by electronic mail to the IOE, 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 21: SUPPORTING DOCUMENTS 1. When presenting his claim to the IOE, 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 IOE 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 IOE, shall be in English or French. ARTICLE 22: WITHDRAWAL OF CLAIM 1. Once a matter is referred to the IOE in the form prescribed under Article 20 of the present Implementing Instruction, the claimant is free to withdraw his claim in writing at any time even after the IOE’s recommendation to the Head of the Procurement Department made pursuant to Article 26 of the present Implementing Instruction.
ESA/REG/001, rev.2 Annex VI,rev.1 Page 11 2. The IOE shall communicate the withdrawal of the claim to the Head of the Procurement Department or the person designated by him and to the PRSE. 3. The Head of the Procurement Department or the person designated by him shall accept the withdrawal provided that the withdrawal is unconditional. ARTICLE 23: COMMUNICATIONS BETWEEN THE PARTIES 1. All communications between the parties shall be made in writing without delay. 2. In order to ease the review process, copies of the communications may be sent in parallel by electronic mail to the parties. 3. In case of conflict, the written claim and accompanying documents shall be considered as the original form of the referral. 4. Communications between the parties shall be made in the language originally used by the claimant under the provisions of Article 20 of the present Implementing Instruction. ARTICLE 24: EVIDENCE OF DELIVERY. All communications and notifications provided for under the present Implementing Instruction shall be either handed to the addressee against his signature or sent by registered mail and a receipt obtained. ARTICLE 25: POWERS OF THE AGENCY’S INDUSTRIAL OMBUDSMAN 1. Within the 10 day period for reaching his recommendation the IOE shall have the right to: a) Call for a meeting with the claimant and the Head of the Procurement Department or a person designated by him, in order to resolve the claim by mutual agreement. In such cases the minutes of the meeting shall be taken down by the IOE and shall be signed by the participants at the end of the meeting. b) Call for a meeting with the claimant and/or the Head of the Procurement Department or a person designated by him for the sole purpose of establishing any facts that may assist him in his recommendation. In such cases the minutes of the meeting shall be taken down by the IOE and shall be signed by the participants at the end of the meeting. c) Request the PRSE in writing to hold a meeting with the claimant for the sole purpose of establishing any facts that may assist him in his recommendation. In such cases the minutes of the meeting shall be taken down by the PRSE staff and shall be signed by the participants at the end of the meeting and
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ARTICLE 1: - emits - ESA

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