ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 68 ARTICLE 50 - TIME LIMITS AND SUBMISSIONS 1. A claim alleging procedural breach of these Regulations by the Agency before the closing date and time stated in the Invitation To Tender must be filed by the economic operator concerned : a) before the closing date and time if the breach was apparent prior to the said closing date and time; or b) where the breach was not apparent prior to the said closing date and time not later than 10 calendar days after the breach became apparent. 2. In all other cases following the opening of tenders by the Agency, a claim alleging procedural breach of these Regulations by the Agency must be filed by the economic operator concerned not later than 10 calendar days after the economic operator knew or should have known the basis for the claim. 3. Where an unsuccessful Tenderer requires a debriefing in application of Article 34.8 or Article 46 of these Regulations, that Tenderer may not file in a claim pursuant to this Article before the debriefing date offered to him by the Agency, but must file in his claim not later than 5 calendar days after the date on which the debriefing was held. 4. All claims shall be submitted in writing by registered mail.
ESA/REG/001, rev.2 Page 69 ARTICLE 51 - REVIEW BY THE PROCUREMENT DEPARTMENT 1. A claim referred to in Article 50 of these Regulations, shall, in the first instance be submitted to the Head of the Procurement Department or a person designated by him. 2. Notwithstanding paragraph 1, if a claim referred to in Article 50 of these Regulations is based on an act or decision taken directly by the Head of the Procurement Department, the claim shall be submitted to the Agency’s Industrial Ombudsman pursuant to Article 53 of these Regulations. 3. The Head of the Procurement Department shall not entertain a claim unless it was submitted within the time limits set under Article 50 of these Regulations. 4. Unless the claim is resolved by mutual agreement, the Head of the Procurement Department shall, within 10 calendar days after receiving the claim, issue a written decision to the claimant. The decision shall: a) state the reasons for the decision; and b) if the claim is upheld in whole or in part, indicate the corrective measures that are to be taken. 5. If the Head of the Procurement Department does not issue his decision within the time limit specified under paragraph 4, the claimant is entitled within 5 calendar days thereafter to submit his claim to the Agency’s Industrial Ombudsman pursuant to Article 53 of these Regulations. Upon the submission of the claim to the Agency’s Industrial Ombudsman, the competence of the Head of the Procurement Department to entertain the claim ceases immediately. 6. The decision of the Head of the Procurement Department foreseen under paragraph 4 above shall be final unless it is challenged by the claimant. 7. Within 5 calendar days from receiving the decision of the Head of the Procurement Department, the claimant shall notify the Head of the Procurement Department in writing of his intention to challenge the decision and shall submit the ensuing claim to the Agency’s Industrial Ombudsman.
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ARTICLE 1: - emits - ESA

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