ARTICLE 1: - emits - ESA

More documents

Recommendations

Info

ESA/REG/001, rev.2 Page 36 ARTICLE 22 - CONFLICT OF INTEREST 1. For the purpose of these Regulations there is a conflict of interest: a) where the impartial and objective exercise of the functions of an Agency staff member or any other person participating in the Tender Evaluation Board or evaluation panels referred to under Article 23 of these Regulations, is compromised for reasons involving family, emotional life, political affinity, economic interest or any other shared interest with Tenderers; b) where in the case of “Best Practices” as foreseen under Article 11 and Article 17 of these Regulations: i. the impartial and objective exercise of the functions of an employee of a Prime contractor and/or of one of its subcontractor, an employee of a Party to an agreement or an Agency staff member or any other person participating in Tender Evaluation Boards or evaluation panels under the Best Practices referred to under Article 11 and Article 17 of these Regulations is compromised for reasons involving family, emotional life, political affinity, economic interest or any other shared interest with Tenderers; and/or ii. the impartial and objective exercise of the Prime contractor and/or his subcontractor, a Party to an agreement is compromised by economic interest or any other shared interest with Tenderers. In such cases the Agency shall take all necessary measures so as to ensure that the principle of fair and equal treatment of all economic operators is maintained throughout the competition. 2. Declaration of non-interest a) At the time of the first meeting of the Tender Evaluation or evaluation panel, the persons participating in the Tender Evaluation Board or evaluation panel shall be required to sign off a declaration of non-interest in the outcome of the tender action, whether competitive or non-competitive; b) At the time of receipt of the tenders for evaluation, the persons participating in a Tender Evaluation Board or evaluation panel shall be requested to review this declaration in the light of the tenders received and this will be recorded in the contracts file. 3. Where a person makes a declaration as to the existence of a conflict of interest the Agency’s competent authority designated in the “Tender Evaluation Manual” referred to under Article 23.10 of these Regulations shall be informed for action. 4. Any breach, omission or false statement in respect of the obligations referred to under paragraph 2 may lead to sanctions being applied by the Director General.
ESA/REG/001, rev.2 Page 37 ARTICLE 23 - TENDER EVALUATION BOARD AND PANELS 1. A Tender Evaluation Board responsible for the preparation and evaluation of tenders shall be established in the following cases : a) for each open competitive tender and restricted competitive tender as foreseen under Article 13 of these Regulations; b) for each non-competitive tender when it is the subject of a submission to Industrial Policy Committee as foreseen under Article 21 of these Regulations; c) for each non-competitive tender when it is not the subject of a submission to the Industrial Policy Committee as foreseen under Article 21 of these Regulations; d) such other cases the Director General sees fit. 2. The Tender Evaluation Board shall be made up of : a) For the cases foreseen under paragraphs 1.a),1.b) and 1.d) which have a value above 100 000 Euro: i. at least two persons representing at least two initiating services of the Agency with no hierarchical link between them; and ii. the Contract Officer representing the independent organisational entity responsible for the Agency’s procurement policy in general and the proper execution of procurements in accordance with the Agency’s Convention and pertaining regulations and who will act as joint secretary to the Board. b) For the cases foreseen under paragraphs 1.a),1.b) and 1.d) which have a value below 100 000 Euro and for all the cases foreseen under paragraph 1.c) : i. at least one person representing an initiating service of the Agency; and ii. the Contract Officer representing the independent organisational entity responsible for the Agency’s procurement policy in general and the proper execution of procurements in accordance with the Agency’s Convention and pertaining regulations and who will act as secretary to the Board. 3. Outside experts may assist the Tender Evaluation Board. 4. Observers may be invited to attend meetings of the Tender Evaluation Board.
Page 1 and 2: ESA UNCLASSIFIED - Releasable to th
Page 3 and 4: ESA/REG/001, rev.2 Page 3 EUROPEAN
Page 5 and 6: ESA/REG/001, rev.2 Page 5 PART III
Page 7 and 8: ESA/REG/001, rev.2 Page 7 ANNEXES I
Page 9 and 10: ESA/REG/001, rev.2 Page 9 PART I: G
Page 11 and 12: ESA/REG/001, rev.2 Page 11 Tender E
Page 13 and 14: ESA/REG/001, rev.2 Page 13 ARTICLE
Page 15 and 16: ESA/REG/001, rev.2 Page 15 3. The A
Page 17 and 18: ESA/REG/001, rev.2 Page 17 by the A
Page 25 and 26: ESA/REG/001, rev.2 Page 25 PART II:
Page 29 and 30: ESA/REG/001, rev.2 Page 29 If provi
Page 31 and 32: ESA/REG/001, rev.2 Page 31 PART III
Page 35: ESA/REG/001, rev.2 Page 35 ARTICLE
Page 39 and 40: ESA/REG/001, rev.2 Page 39 PART IV
Page 43 and 44: ESA/REG/001, rev.2 Page 43 2. For r
Page 51 and 52: ESA/REG/001, rev.2 Page 51 10. When
Page 61 and 62: ESA/REG/001, rev.2 Page 61 b) where
Page 65 and 66: ESA/REG/001, rev.2 Page 65 PART VI:
Page 77 and 78: ESA/REG/001, rev.2 Page 77 PART VII
Page 79 and 80: ESA/REG/001, rev.2 ANNEXES ANNEXES
Page 81 and 82: ESA/REG/001, rev.2 Annex I,rev.1 AN
Page 83 and 84: ESA/REG/001, rev.2 Annex I,rev.1 Pa
Page 85 and 86: ESA/REG/001, rev.2 Annex I,rev.1 Pa
Page 87 and 88:
ESA/REG/001, rev.2 Annex I,rev.1 Pa
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
ESA/REG/001, rev.2 Annex II, rev.1
Page 95 and 96:
ESA/REG/001, rev.2 Annex II,rev.1 P
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
ESA/REG/001, rev.2 Annex III, rev.1
Page 105 and 106:
ESA/REG/001, rev. 2 Annex III,rev.1
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201:
Page 204 and 205:
ESA/REG/001, rev.2 Annex IV Page 2
Page 206 and 207:
ESA/REG/001, rev.2 Annex V,rev.1 Pa
Page 208 and 209:
Page 210 and 211:
Page 212 and 213:
Page 214 and 215:
Page 216 and 217:
Page 218 and 219:
Page 220 and 221:
Page 222 and 223:
Page 224 and 225:
ESA/REG/001, rev.2 Annex VI,rev.1 P
Page 226 and 227:
Page 228 and 229:
Page 230 and 231:
Page 232 and 233:
Page 234 and 235:
Page 236 and 237:
Page 238 and 239:
show all

ARTICLE 1: - emits - ESA

Create successful ePaper yourself

Delete template?

Save as template?