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ESA/REG/001, rev.2 Page 28 ARTICLE 16 - TWO - STAGE TENDERING 1. In order to obtain the most satisfactory solution to its procurement needs, the Agency may engage in procurement by means of two-stage tendering: a) when it considers that it is not feasible to formulate detailed specifications for the supplies or, in the case of services, to identify their characteristics and where necessary inputs from economic operators are needed to detail the specifications for the supplies or, in the case of services, to identify their characteristics; b) when it engages in pre qualification proceedings with a view to identify economic operators that are qualified; c) in the case of procurement actions superior or equal to 20 000 000 Euro where no admitted tender has received an overall weighted mark superior or equal to 60 as a result of the evaluation carried out under Article 39 of these Regulations but one or more admitted tenders have received an overall weighted mark comprised between 40 and 59; and, d) in the case of procurement actions where the IPC has approved a two-stage tendering approach in accordance with Article 21 of these Regulations. 2. The provisions of Article 13 of these Regulations shall apply to the two-stage tendering process. 3. The first stage of the tendering may take the form of either: a) a call for expression of interest; or b) an Invitation to Tender; where the Agency shall set out its needs and requirements in its solicitation documents. Unless otherwise specified, the price shall not be required at this first stage. In both cases, the selection criteria for allowing the economic operators to participate in the second stage of the process shall be objective and non-discriminatory and clearly spelled out in the solicitation documents. Where competitive dialogue with the Tenderers is foreseen during this first stage this will be clearly spelled out in the solicitation documents. The Agency shall ensure equality of treatment among all Tenderers and confidentiality of the solutions proposed or other information communicated by the participants in the dialogue unless they expressly consent to its disclosure.
ESA/REG/001, rev.2 Page 29 If provision is made for this in the call for expression of interest or the Invitation to Tender, the Agency may provide for this procedure to take place in successive steps in order to reduce the number of solutions to be discussed during the first stage. This selection will be achieved through the application of the selection criteria established in the call for expression of interest or the Invitation to Tender. 4. In the second stage of the tendering, the Agency shall invite those economic operators who have been retained to submit a tender in response to a restricted competition based on a new single set of specifications except in the case foreseen under paragraph 1.c) above . In formulating those specifications, the Agency may delete or modify any aspect, originally set forth in the solicitation documents for the first stage, of the technical or quality characteristics of the supplies or services to be procured, and any evaluation criterion originally set forth in those documents for evaluating and comparing tenders and for ascertaining the successful tender, and may add new characteristics or criteria. If the Agency rather than issuing a new set of documents for the second stage uses the solicitation documents used for the first stage, any such deletion, modification or addition shall be clearly identified and communicated to retained economic operators in the invitation to submit final tenders. The issuing, receipt and evaluation procedure for the second stage shall be done in accordance with the applicable provisions of these Regulations. 5. The procedure for the two-stage tendering shall be established by means of an implementing instruction.
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ARTICLE 1: - emits - ESA

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