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ESA/REG/001, rev.2 Page 26 ARTICLE 14 - NON-COMPETITIVE TENDERING 1. Competitive tendering may be waived in one or more of the following cases: a) if only one source for the supplies or services exists; b) in a case of extreme urgency resulting from compelling operational needs; c) where for scientific, technical or economic reasons contracts for additional or supplementary supplies or services cannot be separated from a previous contract; d) if the supplies or services required are the subject of intellectual property rights and can, as a consequence, only be procured from one particular source; e) where the supplies or services are procured by the Agency by means of Framework Agreement as defined under Article 15.4 of these Regulations. f) if the expenditure involved does not exceed 100 000 Euro; g) if the Industrial Policy Committee has given a directive or a guideline to that effect to the Director General. 2. Where, following a competitive tender, only one tender is admitted, the Invitation to Tender shall be re-issued unless it is considered that such reissuing would be unlikely to obtain better results or would not be feasible due to extreme urgency resulting from compelling operational needs, in such case competitive tendering may be waived. 3. Where the supplies or services are procured by the Agency in the frame of international agreements entered into by the Agency with public bodies (including intergovernmental organisations), competitive tendering may be waived if expressly foreseen in the said agreements. 4. Where the supplies or services are procured in the frame of an Agency programme which foresees “calls for proposals” and/or co-funding as the means of fulfilling its objectives, competitive tendering may be waived. 5. In all cases the reason for waiving competitive tendering shall be recorded in the contracts file. 6. Articles 35, 41 and 42 of these Regulations shall not apply when competitive tendering is waived.
ESA/REG/001, rev.2 Page 27 ARTICLE 15 - FRAMEWORK AGREEMENTS 1. A Framework Agreement is a single frame contract, or the aggregation of several frame contracts, the Agency has entered into with one or several contractors in order to ensure the delivery of supplies or rendering of services for a given period and/or within a given financial limit of liability and this following the methods foreseen under Articles 13 or 14 of these Regulations. 2. Where for any given Agency activity, frame contracts between the Agency and several contractors are to be entered into, such contracts shall be concluded in identical terms. 3. Where frame contracts between the Agency and several contractors have been entered into, a simplified restricted competitive tender procedure shall be carried out between all of the contractors for each of the supplies or services to be procured under the Framework Agreement. This simplified procedure shall be established by means of an implementing instruction. 4. Where a frame contract between the Agency and a single contractor has been entered into, competitive tendering shall be waived for each of the supplies or services to be procured under the frame contract. 5. Where frame contracts between the Agency and several contractors have been entered into and where, during the given period of the Framework Agreement, one or several contractors: a) have declined on three consecutive accounts to submit a tender in response to the request issued by the Agency; or b) have been acquired by and/or merged with other contractors part of the Framework Agreement the effect of which would impair competition, the economics of the Framework Agreement or result in only one frame contract remaining; the Agency at its discretion may either terminate the individual frame contracts, terminate the framework agreement and/or invite other economic operators to participate in the restricted procedure foreseen under Article 15.3 of these Regulations. 6. Unless required for at the time of the procurement proposal, the duration of a Framework Agreement shall be limited to a maximum of five years. 7. Where, for operational reasons the duration of a Framework Agreement needs to be extended beyond the original authorised duration, this extension shall be subject to a contract proposal.
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ARTICLE 1: - emits - ESA

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