ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Annex VI,rev.1 Page 12 communicated to the IOE. d) Request the PRSE in writing to conduct within the Agency any investigation, information gathering or hearing of witnesses for the establishment of facts that may assist him in his recommendation. e) Request the claimant and/or the Head of the Procurement Department or a person designated by him, either directly or through the PRSE, to produce any documents and to supply any information which he considers may assist him in his recommendation. Where the claimant and/or the Head of the Procurement Department or a person designated by him refuses to produce or supply such information he shall provide the reasons for such refusal in writing to the IOE and the PRSE who will record the refusal in the review file. 2. Further to Section1 above the IOE, based on the facts in his possession, may pursuant to Article 56.2 of the Agency’s Procurement Regulations : a) Propose in writing to the Head of the Procurement Department acting by delegation from the Director General, to take all interim measures including the suspension of the procurement process under review in accordance with Article 56 of the Agency’s Procurement Regulations for procurement actions below 20 000 000 Euro. b) Propose in writing to the Director General interim measures including the suspension of the procurement process under review in accordance with Article 56 of the Agency’s Procurement Regulations for procurement actions above 20 000 000 Euro. Such proposal shall be communicated to the Head of the Procurement Department with copy to the PRSE. Any decision by the Head of the Procurement Department or the Director General not to follow an interim measure recommended by the IOE shall in no case constitute the basis for a further claim by the claimant. ARTICLE 26: FINAL RECOMMMENDATION BY THE IOE 1. The recommendation of the IOE shall contain the information required under Article 53.3 a) and b) of the Agency’s Procurement Regulations and shall state the reasons, facts and Agency’s applicable rules on which it is based. 2. The recommendation shall be issued in writing to the claimant and to the Head of the Procurement Department. 3. The recommendation shall be signed by the IOE.
ESA/REG/001, rev.2 Annex VI,rev.1 Page 13 4. A copy of the recommendation shall be kept in the files of the PRSE. 5. In order to ease the review process, copies of the recommendation may be send in parallel by electronic mail. 6. In case of conflict, the written recommendation shall be considered as the original. ARTICLE 27 : TIME LIMITS AND SUSPENSION OF TIMES LIMITS FOR THE DECISION BY THE HEAD OF THE PROCUREMENT DEPARTMENT 1. Pursuant to Article 53.4 of the Agency’s Procurement Regulations, the Head of the Procurement Department shall, within 10 calendar days after receiving the recommendation of the IOE, issue a written decision to the claimant and the IOE. 2. All communications and notifications established during this period shall be copied to the IOE and the PRSE. 3. Where pursuant to Article 28 of the present Implementing Instruction or for any other reason, the Director General or the Head of the Procurement Department in order to reach a decision suspend the procurement process under review for a given period, the 10-day calendar period foreseen under Section 1 above shall be automatically suspended by the same period of time. When the suspension period ends the 10-day calendar period foreseen under Section 1 above shall resume and the Head of the Procurement Department shall issue his written decision to the claimant and the IOE within the remaining time period. ARTICLE 28 : POWERS OF THE HEAD OF THE PROCUREMENT DEPARTMENT. 1. Further to the powers established under Article 12 of the present Implementing Instruction the Head of the Procurement Department in order to reach his decision shall have the right to: a) Call for a meeting with the claimant and the IOE, 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 and copied to the PRSE. b) Call for a meeting with the IOE for the sole purpose of establishing any facts that may assist him in his decision. In such cases the minutes of the meeting shall be taken down by the PRSE and shall be signed by the participants at the end of the meeting and copied to the PRSE. 2. Any decision by the Director General not to follow an interim measure recommended by the Head of the Procurement Department pursuant to Section 1 above shall in no case constitute the basis for a further claim by the claimant.
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ARTICLE 1: - emits - ESA

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