ARTICLE 1: - emits - ESA

ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 34 ARTICLE 20 - ADVANCED NOTICE 1. The Agency shall publish regularly on the Agency’s electronic medium dedicated to procurement a list of Intended Invitations to Tender on a competitive basis. 2. In addition, and at the discretion of the Director General, the list may contain Intended Invitations to Tender on a non-competitive basis. 3. Potential Bidders shall be able to express their interest to the published Intended Invitation to Tender directly on the Agency’s electronic medium dedicated to procurement.

ESA/REG/001, rev.2 Page 35 ARTICLE 21 - SUBMISSIONS TO THE INDUSTRIAL POLICY COMMITTEE AND THRESHOLDS Subject to Article 3.2 of these Regulations, the following shall apply: 1. Prior to the issue of Invitations to Tender, the Director General shall submit for the approval of the Industrial Policy Committee procurement proposals in the following cases: a) General Studies exceeding 300 000 Euro; b) technological Programmes exceeding 500 000 Euro per activity committed; c) all other procurements exceeding 2 000 000 Euro; d) all procurements which involve expenditure exceeding 200 000 Euro with an economic operator ( contractor or subcontractor ) of a non- Member State not participating in the programme; or e) such other cases which the Industrial Policy Committee has asked to be submitted for approval. 2. The Director General shall, in addition, submit for the approval of the Industrial Policy Committee procurement proposals he considers are not adequately covered by the directives or any guidelines issued by the Industrial Policy Committee or might give rise to a conflict with those directives or guidelines. 3. In a case of extreme urgency resulting from compelling operational needs, the submission of a procurement proposal for a competitive tender as foreseen under Article 13.1 of these Regulations not exceeding 5 000 000 Euro may be dispensed with by the Director General. However, in the case of a restricted competitive tender as foreseen under Article 13.2 of these Regulations or in the case of a non competitive tender as foreseen under Article 14 of these Regulations, the Chairman of the Industrial Policy Committee has to approve the issue of the Invitation to Tender.

<strong>ESA</strong>/REG/001, rev.2<br />

Page 35<br />

<strong>ARTICLE</strong> 21 -<br />

SUBMISSIONS TO THE INDUSTRIAL POLICY<br />

COMMITTEE AND THRESHOLDS<br />

Subject to Article 3.2 of these Regulations, the following shall apply:<br />

1. Prior to the issue of Invitations to Tender, the Director General shall submit for the approval<br />

of the Industrial Policy Committee procurement proposals in the following cases:<br />

a) General Studies exceeding 300 000 Euro;<br />

b) technological Programmes exceeding 500 000 Euro per activity committed;<br />

c) all other procurements exceeding 2 000 000 Euro;<br />

d) all procurements which involve expenditure exceeding 200 000 Euro with an<br />

economic operator ( contractor or subcontractor ) of a non- Member State not<br />

participating in the programme; or<br />

e) such other cases which the Industrial Policy Committee has asked to be<br />

submitted for approval.<br />

2. The Director General shall, in addition, submit for the approval of the Industrial<br />

Policy Committee procurement proposals he considers are not adequately covered by<br />

the directives or any guidelines issued by the Industrial Policy Committee or might<br />

give rise to a conflict with those directives or guidelines.<br />

3. In a case of extreme urgency resulting from compelling operational needs, the submission<br />

of a procurement proposal for a competitive tender as foreseen under Article 13.1 of<br />

these Regulations not exceeding 5 000 000 Euro may be dispensed with by the Director<br />

General.<br />

However, in the case of a restricted competitive tender as foreseen under Article 13.2 of<br />

these Regulations or in the case of a non competitive tender as foreseen under Article 14<br />

of these Regulations, the Chairman of the Industrial Policy Committee has to approve<br />

the issue of the Invitation to Tender.

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