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ESA/REG/001, rev.2 Page 60 PART V: AWARD OF CONTRACT ARTICLE 43 - SUBMISSION OF CONTRACT PROPOSAL AND INFORMATION NOTE TO THE INDUSTRIAL POLICY COMMITTEE Subject to Article 3.2 of these Regulations the following shall apply: 1. Prior to the award of contract, the Director General shall submit for approval of the Industrial Policy Committee Contract proposals in the following cases: a) where the evaluation of tenders results in a recommendation for the choice of a contractor which would be contrary to the directives or to any guidelines issued by the Industrial Policy Committee; b) where the intended contract exceeds 20 000 000 Euro including subcontractors; c) where at the time of the submission of a Procurement Proposal not exceeding 20 000 000 Euro, the Industrial Policy Committee has not voted against the request by one or several States concerning the submission of a Contract proposal; d) where the intended contract is the result of a “call for proposal” and exceeds the limits stated in Article 21 of these Regulations; e) where the intended contract involves expenditure exceeding 200 000 Euro in a non-Member State not participating in the programme, unless the procurement in the non-Member State was foreseen in the Procurement Proposal or in the frame of an international agreement entered into by the Agency with public bodies (including intergovernmental organisations); f) where the intended contract value including options if any was initially estimated to be below the limits stated in Article 21 of these Regulations, but a later estimate based on tenders received indicates that the contract value including options if any will exceed those limits; or g) where, in the cases foreseen under Article 21.3 of these Regulations, a procurement proposal has been dispensed with by the Director General. 2. Subsequent to the award of contract or prior to the award of an amendment to an existing contract, the Director General shall submit for approval of the Industrial Policy Committee Contract proposals in the following cases: a) where the value of a contract at the time of signature was below the limits stated in Article 21 of these Regulations and where a proposed amendment would result in the total value of this contract exceeding those limits;
ESA/REG/001, rev.2 Page 61 b) where the supplies or services under a Procurement Proposal or Contract proposal already approved in accordance with Articles 21 and 43.1 of these Regulations or with Articles 9 and 18 of Contracts Regulations (ESA/C(82)111 ANNEX I rev.2 dated 14 October, 1993) differs substantially in nature or magnitude from the supplies or services originally approved; c) where an amendment involves expenditure exceeding 200 000 Euro in a non-Member State not participating in the programme and has not been the subject of a Procurement Proposal or an international agreement entered into by the Agency with public bodies (including intergovernmental organisations); d) in application of Article 15.7 of these Regulations. 3. The Director General shall submit for information to the Industrial Policy Committee Information Notes in the following cases: a) where at the time of the submission of a Procurement Proposal the Industrial Policy Committee has not decided against the request by one or several States concerning the submission of an Information Note. b) where a contract subject to paragraph 1.b) granted a contractor(s) the right to carry out procurements in order to select an industrial consortium as foreseen under Article 17 of these Regulations, two Information Notes shall be submitted to the Industrial Policy Committee, the first one when forty percent of subcontractors are selected and the second one when eighty percent of the subcontractors are selected.
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ARTICLE 1: - emits - ESA

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