ARTICLE 1: - emits - ESA

ESA/REG/001, rev.2
Page 38
5. In the frame of international agreements entered into by the Agency with public bodies
(including international organisations), staff of the public bodies may be nominated
members, experts or observers if expressly foreseen in the said agreements.
6. Except as provided in paragraph 5, appointment of members, experts or observers from
outside the Agency shall be agreed on a case by case basis.
7. Participants to a Tender Evaluation Board shall have the duty not to disclose any
information concerning the proceedings of the Board and the evaluation to persons not
involved in the evaluation and to keep all evaluation documents, including tenders, safe
from disclosure.
Any breach of the above duties and obligations may lead to sanctions being applied by
the Director General.
8. At the time of the first meeting of the Board, to be held prior to the issuing of the
Invitation to Tender, each participant shall sign off :
a) a declaration of secrecy; and
b) the declaration of non-interest in the outcome of the tender action laid down
in Article 22 of these Regulations.
9. Where the complexity of the subject matter of the procurement so warrants, the Tender
Evaluation Board may, prior to receipts of tenders, appoint evaluation panels to advise
it on specific aspects of the tenders.
Appointment to the evaluation panels and obligations of its members shall be similar to
those laid down under Article 22 and Article 23 of these Regulations.
10. The procedure concerning the composition and proceedings of the Tender Evaluation
Board and evaluation panels shall be established by the Director General by means of
an implementing instruction referred to as the “Tender Evaluation Manual”.