ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 42 ARTICLE 27 - ADDRESSEES OF THE INVITATION TO TENDER 1. For open competitive tendering foreseen under Article 13.1 of these Regulations, Invitations To Tender shall be directly accessible from the non-public part of the Agency’s electronic tool dedicated to procurement to: a) all Potential Bidders in the States participating in the programme to which the Invitation To Tender refers; b) all Potential Bidders in some of the States participating in the programme to which the Invitation To Tender refers if the Industrial Policy Committee has given a directive or guideline to that effect to the Director General; c) all Potential Bidders in States not participating in the programme to which the Invitation To Tender refers if: i. the Industrial Policy Committee has given a directive or guideline to that effect to the Director General; or ii. this results from the implementation of an international agreement entered into by the Agency with public bodies (including intergovernmental organisations); d) identified Potential Bidders in States not participating in the programme to which the Invitation To Tender refers if : i. the Industrial Policy Committee has given a directive or guideline to that effect to the Director General; ii. iii. there is no other way of satisfying requirements or where unacceptable delay or cost would result from not doing so; or this results from the implementation of an international agreement entered into by the Agency with public bodies (including intergovernmental organisations).
ESA/REG/001, rev.2 Page 43 2. For restricted competitive tendering foreseen under Article 13.2 of these Regulations, and for non-competitive tendering foreseen under Article 14 of these Regulations, Invitations To Tender may be made accessible to the identified Potential Bidders from the non-public part of the Agency’s electronic tool dedicated to procurement or by any other electronic means available which comply with the requirements set under Article 5 of these Regulations. 3. The Director General shall ensure that all competitive tendering Invitations To Tender shall be made directly accessible from the non-public part of the Agency’s electronic tool dedicated to procurement to the concerned Member States, Associate Member States and Cooperating States. 4. Where individual economic operators from Member States, Associate Member States and Cooperating States not participating in the programme to which the Invitation To Tender refers request an Invitation To Tender issued under Article 13.1 of these Regulations, the latter may only be issued to them provided the said Invitation To Tender does not contain information which precludes its distribution outside the States participating in the programme to which the Invitation To Tender refers. In all cases such individual economic operators to whom the Invitation To Tender is provided shall be reminded that preference will be given to economic operators from States participating in the programme to which the Invitation To Tender refers. Any decision not to provide the Invitation To Tender to such economic operators shall not require any substantiation and in no case shall constitute the basis for a claim.
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ARTICLE 1: - emits - ESA

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