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ESA/REG/001, rev.2 Annex VI,rev.1 Page 16 PART III: REVIEW BY THE AGENCY’S PROCUREMENT REVIEW BOARD. ARTICLE 33: PROCUREMENT REVIEW BOARD’S COMPETENCE 1. In application of Article 54.7 of the Agency’s Procurement Regulations a Procurement Review Board (hereinafter referred to as “the Board”), independent of the Agency, to hear disputes relating to a decision taken by the Agency in application of Article 53.4 of the Agency’s Procurement Regulations has been set up under ESA/IPC(2009)56 2 . (ANNEX I). 2. Recourse to the Board shall not be admissible until the procedures provided for in Articles 51 and 53 of the Agency’s Procurement Regulations have been exhausted. ARTICLE 34: PROCEEDINGS OF THE PROCUREMENT REVIEW BOARD’S COMPETENCE The proceedings of the Board are established under the “Implementing Instruction Concerning the Establishment and Proceedings of the European Space Agency’s Procurement Review Board (ESA/IPC(2009)56 2 ).” ARTICLE 35: ACCESS BY THE PROCUREMENT REVIEW BOARD TO THE PRSE 1. Pursuant to Article 5 of the present Implementing Instruction the Board through his Chairman or his deputy Chairman shall have the right to require the support of the PRSE at any time provided such support is not incompatible with the rules established under the “Implementing Instruction Concerning the Establishment and Proceedings of the European Space Agency’s Procurement Review Board” (ESA/IPC(2009)56 2 ).” 2. The Board through its Chairman or deputy Chairman shall be given unrestricted access to all evidence gathered by or submitted to the PRSE either prior or subsequent to the submission of the claim to the Board. ARTICLE 36: AMENDMENTS The present Implementing Instruction may be amended as required by the Industrial Policy Committee on the recommendation of the Agency’s Director General. 2 Issued as Annex V rev.1 to ESA/REG/001,rev.02
ESA/REG/001, rev.2 GLOSSARY Economic operator Electronic means Frame contract Any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the delivery of supplies, products or services. Means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means. An agreement (s) between the Agency and one or more contractors, the purpose of which is to establish the terms governing work orders to be awarded during a given period and/or within a given financial limit of liability, in particular with regard to the price, the activity and, where appropriate, the quantity envisaged. Invitation To Tender A formal communication to economic operators containing the conditions for the submission together with specifications and requirements and inviting them to submit tenders for a contract. Open competitive tender Non-competitive tender Restricted competitive tender A procedure for inviting tenders open to any economic operator. A procedure in which competitive tender is waived. A procedure for inviting tenders restricted to economic operator selected by the Agency. Purchase Order Res judicata A simplified agreement, the subject of which is the delivery of supplies or the rendering of services of low value to or for the Agency. A matter settled by judgement rendered by a court of competent jurisdiction. Tender A submission, in response to an invitation from the Agency, which is intended to form the basis of a contract.
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ARTICLE 1: - emits - ESA

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