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ESA/REG/001, rev.2 Page 70 ARTICLE 52 - THE AGENCY’S INDUSTRIAL OMBUDSMAN 1. The Agency’s Industrial Ombudsman and his alternate shall be nominated by Council upon proposal by the Director General and this for a period of 3 years renewable once. 2. The Agency’s Industrial Ombudsman and his alternate may only be relieved of their office by Council either at his own request or at the request of the Director General for stated misbehaviour and incapacity. 3. The Agency’s Industrial Ombudsman and his alternate are independent in the performance of his functions and shall not seek or accept instructions from anyone whatsoever. They will be eminent persons with particular experience and competence in matters pertaining to European Space Industry and procurement. 4. In the exercise of their function, the Agency’s Industrial Ombudsman and his alternate shall enjoy the privileges and immunities provided for in Article XVII of Annex I to the Convention. 5. The Agency’s Industrial Ombudsman and his alternate shall not be staff members of the Agency nor members of delegations of Member States, Associate Member States or Cooperating States. 6. The Agency shall provide for all necessary facilities in order to support the Agency’s Industrial Ombudsman and his alternate in the carrying out of their duties; they shall have their official seat at the place of residence of the Agency’s Industrial Ombudsman. 7. The Agency’s Industrial Ombudsman and his alternate shall be financially compensated by the Agency for their activities.
ESA/REG/001, rev.2 Page 71 ARTICLE 53 - REVIEW BY THE AGENCY’S INDUSTRIAL OMBUDSMAN 1. The Agency’s Industrial Ombudsman established under Article 52 of these Regulations is competent to entertain claims submitted in application of Article 51 of these Regulations. 2. The Agency’s Industrial Ombudsman shall not entertain a claim unless it was submitted within the time limits set under Articles 50 and 51 of these Regulations. 3. The Agency’s Industrial Ombudsman after having consulted the claimant and the Head of the Procurement Department shall, within 10 calendar days after the submission of the claim, issue a written recommendation simultaneously to the Head of the Procurement Department and the claimant. The recommendation shall: a) when taken in application of Articles 51.2 and 51.5 of these Regulations: i. state the reasons for the recommendation; and ii. indicate the corrective measures that should be taken by the Agency should the recommendation propose to uphold the claim in whole or in part. b) when taken in application of Article 51.7 of these Regulations the recommendation shall be motivated and either : i. confirm the initial decision taken by the Head of the Procurement Department under Article 51.4 of these Regulations; or ii. indicate the corrective measures that should be taken by the Agency should the recommendation propose to uphold the claim in whole or in part. 4. The Head of the Procurement Department shall, within 10 calendar days from receiving the recommendation, issue a written decision to the Agency’s Industrial Ombudsman and the claimant. 5. The decision of the Head of the Procurement Department foreseen under paragraphs 4 shall be final unless it is challenged by the claimant. 6. Within 5 calendar days from receiving the decision of the Head of the Procurement Department foreseen under paragraphs 5, the claimant shall notify in writing the Head of the Procurement Department of his intention to challenge the decision and shall submit his claim to the Procurement Review Board established pursuant to Article 54 of these Regulations.
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<strong>ESA</strong>/REG/001, rev.2<br />
Page 71<br />
<strong>ARTICLE</strong> 53 -<br />
REVIEW BY THE AGENCY’S INDUSTRIAL OMBUDSMAN<br />
1. The Agency’s Industrial Ombudsman established under Article 52 of these Regulations<br />
is competent to entertain claims submitted in application of Article 51 of these<br />
Regulations.<br />
2. The Agency’s Industrial Ombudsman shall not entertain a claim unless it was submitted<br />
within the time limits set under Articles 50 and 51 of these Regulations.<br />
3. The Agency’s Industrial Ombudsman after having consulted the claimant and the Head<br />
of the Procurement Department shall, within 10 calendar days after the submission of<br />
the claim, issue a written recommendation simultaneously to the Head of the<br />
Procurement Department and the claimant. The recommendation shall:<br />
a) when taken in application of Articles 51.2 and 51.5 of these Regulations:<br />
i. state the reasons for the recommendation; and<br />
ii.<br />
indicate the corrective measures that should be taken by the Agency<br />
should the recommendation propose to uphold the claim in whole or in<br />
part.<br />
b) when taken in application of Article 51.7 of these Regulations the<br />
recommendation shall be motivated and either :<br />
i. confirm the initial decision taken by the Head of the Procurement<br />
Department under Article 51.4 of these Regulations; or<br />
ii.<br />
indicate the corrective measures that should be taken by the Agency<br />
should the recommendation propose to uphold the claim in whole or in<br />
part.<br />
4. The Head of the Procurement Department shall, within 10 calendar days from receiving<br />
the recommendation, issue a written decision to the Agency’s Industrial Ombudsman<br />
and the claimant.<br />
5. The decision of the Head of the Procurement Department foreseen under paragraphs 4<br />
shall be final unless it is challenged by the claimant.<br />
6. Within 5 calendar days from receiving the decision of the Head of the Procurement<br />
Department foreseen under paragraphs 5, the claimant shall notify in writing the Head<br />
of the Procurement Department of his intention to challenge the decision and shall<br />
submit his claim to the Procurement Review Board established pursuant to Article 54 of<br />
these Regulations.
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