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ESA/REG/001, rev.2 Page 30 ARTICLE 17 - BEST PRACTICES 1. In order to ensure that the principle of transparency and fair and equitable treatment of all economic operators established under Article 10.1 a) of these Regulations are implemented throughout its procurements, the Agency shall have the right to contractually impose on its Prime Contractors the tendering requirements they have to follow in the selection of their industrial consortium and the contractual replication by the Prime Contractors of such requirements on their sub contractors. To that effect, the Director General shall establish a specific set of procurement requirements to be made applicable to all such contracts between the Agency and Prime Contractors. Such requirements shall be called “Best Practices for the Selection of subcontractors by Prime Contractors in the Frame of ESA’s Procurements” and shall be approved by the Industrial Policy Committee. 2. Where the Agency sets such contractual obligations on the Prime Contractor, the tendering process to be carried out by the Prime Contractor (or when applicable by its sub contractors or the Agency in application of Article 22.1.b.ii of these Regulations) and the resulting contracts which the Prime Contractor (or when applicable its sub contractors) awards are not subject to the right of review provided for under Part VI of these Regulations.
ESA/REG/001, rev.2 Page 31 PART III INITIATION OF TENDER ARTICLE 18 - QUALIFICATION AND REGISTRATION OF ECONOMIC OPERATORS 1. All economic operators who are considered to belong to one of the Member States, Associate Member States or Cooperating States of the Agency are eligible to participate in a tendering procedure of the Agency provided: a) they satisfy the requirements set under Article II.3 of Annex V to the Convention; b) they possess the necessary professional and technical qualifications, professional and technical competences, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, and the personnel, to perform a contract; c) they have the legal capacity to enter into the procurement contract; d) they are not bankrupt or being wound up, are having their affairs administered by the courts, have not entered into an arrangement with creditors, have not suspended business activities, are not the subject of proceedings concerning those matters, or are not in any analogous situation arising from a similar procedure provided for in national legislation or regulations; e) they have not been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; f) they have not been guilty of grave professional misconduct proven by any means which the Agency can justify; g) they have fulfilled their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the country where the contract is to be performed; h) they have not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Agency’s interests; and, i) they are not currently subject to a suspension pursuant to Article 19.3 of these Regulations.
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ARTICLE 1: - emits - ESA

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