ARTICLE 1: - emits - ESA

ESA/REG/001, rev.2
Page 25
PART II:
METHODS OF PROCUREMENT
ARTICLE 13 -
COMPETITIVE TENDERING
1. Open competitive tender shall be the normal procedure for the placing of contracts.
2. Restricted competitive tender may be applied:
a) for supplies or services the special nature of which limits the capacity to
procure them from a limited number of economic operators;
b) for general procurements which have no industrial policy implications
where the time and cost required to examine and evaluate a large number of
tenders would be disproportionate to the value of the supplies or services to
be procured;
c) for supplies or services procured by the Agency in the frame of international
agreements entered into by the Agency with public bodies (including
intergovernmental organisations), if expressly foreseen in the said
agreements;
d) where the supplies or services are procured by the Agency by means of a
Framework Agreement as defined under Article 15.3 of these Regulations;
e) for supplies or services classified secret or whose performance must be
accompanied by special security measures in accordance with the Agency’s
regulations in force or when the protection of the essential interest of the
Agency so requires;
f) if the Industrial Policy Committee has given a directive or a guideline to that
effect to the Director General, in particular in application of Article VII of
the Convention and Articles IV.5, IV.6 , IV.7 and V of Annex V to the
Convention.
3. Wherever possible for restricted competitive tender, at least three economic operators shall
be invited to tender.
4. The reason for applying restricted competitive tender and for the choice of the
economic operators shall be recorded in the contracts file.