ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 50 ARTICLE 34 - OPENING OF TENDERS 1. All tenders received shall be opened by a Tender Opening Board after the closing date and time stated in the Invitation To Tender and may be public. 2. The Tender Opening Board shall be made up of: a) at least one member of the Tender Evaluation Board referred to under Article 23 of these Regulations and representing an initiating service of the Agency or a staff of the Procurement Department other than the one foreseen under paragraph 2.b); and b) the Contract Officer acting as joint secretary to the Tender Evaluation Board and/or another staff of the Procurement Department. 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, or observers of the Tender Opening Board if expressly foreseen in the said agreements. To avoid any conflict of interest, those persons shall be subject to the obligations laid down in Article 22 and 23 of these Regulations. 3. No opening may take place in the absence of a staff of the Procurement Department identified under paragraph 2. b) . 4. The Tender Opening Board shall admit tenders if they were received before the closing date and time. 5. The Tender Opening Board may admit tenders even if received late if the Tenderers can provide evidence that they were sent in good time. 6. The members of the Tender Opening Board shall draw up and sign the record of the opening. As a minimum, the report shall identify all those tenders received, the ones which satisfy the requirements and those which do not and the grounds on which tenders were not admitted for evaluation. 7. Tenderers whose tenders were not admitted for evaluation shall be notified in writing immediately. 8. Upon receipt of the notification foreseen under paragraph 7, Tenderers may formally request a debriefing from the Contacts Officer as to the reasons for which their tender was not accepted for evaluation. 9. The procedure concerning the Tender Opening Board shall be incorporated in the “Tender Evaluation Manual” referred to in Article 23 of these Regulations.
ESA/REG/001, rev.2 Page 51 10. When in accordance with paragraph 1 above the Agency elects to open the tender publicly such decision shall be taken by the Procurement Department and : a) this shall be indicated in the Invitation To Tender together with the date and place of the public opening; b) public openings shall take place on the Agency’s premises; c) participation shall be limited to the Tenderers and not to economic operators who would be acting as subcontractors in any resulting contracts; d) information made public at the time of the opening shall be limited to the name of the Tenderers; e) the list of tenders received will be communicated on request to the Tenderers that are not present at the time of the public opening; and, f) the proceedings of the public opening shall be recorded in the procurement file.
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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
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ARTICLE 1: - emits - ESA

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