ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 58 ARTICLE 41- NEGOTIATION AND DIALOGUE WITH TENDERERS DURING THE EVALUATION PERIOD 1. Negotiations and dialogues with Tenderers may only be undertaken in the frame of procurement actions engaged by means of two stage tendering as foreseen under Article 16 of these Regulations. 2. Negotiations and dialogues shall be led by the Procurement Department. 3. Negotiations and dialogues will normally take place on Agency premises, but the place of negotiation and dialogue shall in any case be selected so as to maintain equality of opportunity for all Tenderers. 4. Prior to the start of negotiations and dialogues, Tenderers shall be informed of the nature of, and the reason for, the negotiations and dialogues. 5. If any Tenderer refuses to enter into negotiation and dialogue, the fact shall be recorded, but negotiations and dialogues with other Tenderers shall proceed. 6. All Tenderers shall be given equal opportunity, and the negotiations and dialogues shall be impartial and shall give no preference to any Tenderer. 7. No information contained in one tender, may be used in negotiations and dialogues with another Tenderer. 8. All questions or demands put to Tenderers shall be recorded in writing, and responses shall be submitted in writing. Tenderers shall be informed that their responses shall be formally regarded as constituting a revised binding tender. 9. Minutes of any meetings shall be kept and signed by all the participants present at the meeting and a report on any visit to inspect facilities made. 10. Following the conclusion of the negotiations and dialogues Tenderers may be required to submit their tenders or best and final offer, either trough revised partial or complete tenders. 11. The Tender Evaluation Board shall consider these final tenders, mark them and apply weighting factors as foreseen under Article 39 of these Regulations. 12. Any negotiation and dialogue proceedings with Tenderers shall be recorded, kept in the contract file and made safe from disclosure to competing Tenderers or persons not participating in the procurement process.
ESA/REG/001, rev.2 Page 59 ARTICLE 42 - RESULTS OF EVALUATION AND RECOMMENDATION 1. The recommended tender shall be the one designated in accordance with the instructions provided in the Tender Evaluation Manual referred to in Article 23.10 of these Regulations. For procurement actions equal or superior to 20 000 000 Euro recommendation for the award of a contract shall only be made by the Tender Evaluation Board where a Tenderer has obtained a minimum overall weighted mark of sixty (60). In all other cases the ITT shall be reissued in accordance with Article 35 of these Regulations. 2. Where as a result of the evaluation carried out under Article 39 of these Regulations the Tender Evaluation Board considers that no tender is acceptable, the Tender Evaluation Board may recommend that the Invitation To Tender be reissued in accordance with Article 35 of these Regulations. 3. The Tender Evaluation Board shall prepare a report on the evaluation concluding with the recommendation of a tender(s) considered acceptable for the award of the contract or for a reissuing of the Invitation To Tender. Such report shall be kept in the contract file and made safe from disclosure to Agency staff or other persons not participating in the procurement process. 4. The above recommendation shall be submitted for joint decision by the Head of the initiating service responsible for the procurement and the Head of the Procurement Department who may when considered necessary take into account other elements with the aim of attaining the objectives set under Article 10.1 c) and 10.1 d) of these Regulations.
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ARTICLE 1: - emits - ESA

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