ARTICLE 1: - emits - ESA

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ESA/REG/001, rev.2 Page 72 ARTICLE 54 - THE PROCUREMENT REVIEW BOARD 1. The Director General shall establish a Procurement Review Board competent to review decisions taken by the Agency in application of Articles 53.4 of these Regulations. 2. The Procurement Review Board shall consist of 3 members and 3 alternate members external to the Agency with proven legal and practical experience in the field of public procurement, members of the Procurement Review Board and their alternates shall not be members of delegations of Member States, Associate Member States or Cooperating States. 3. The members and alternate members of the Procurement Review Board shall be nominated by Council and this for a period of 3 years, renewable. One member and one alternate member shall be nominated upon proposal by the Director General, one member and his alternate shall be nominated upon proposal by industry and one member and his alternate shall be nominated upon proposal by the Industrial Policy Committee Chair. 4. The members and alternate members of the Procurement review Board shall not seek or accept instructions from anyone whatsoever. 5. The members and alternate members of the Procurement Review Board shall enjoy the privileges and immunities provided for in Article XVII of Annex I to the Convention. 6. The members and alternates members of the Procurement Review Board shall be financially compensated by the Agency for their activities. 7. The Director General shall establish the necessary detailed implementing instruction concerning the establishment and proceedings of the Procurement Review Board. Such implementing instruction shall be approved by the Industrial Policy Committee.
ESA/REG/001, rev.2 Page 73 ARTICLE 55 - REVIEW BY THE PROCUREMENT REVIEW BOARD 1. The Procurement Review Board shall not entertain a claim unless it was submitted within the time limits set under Article 53.6 of these Regulations. 2. Records of the challenged process shall be disclosed to the Procurement Review Board when required. 3. The decision of the Procurement Review Board shall be taken within 15 calendar days after the submission of the claim. Where the Procurement Review Board considers it necessary this period of 15 calendar days may be extended up to a maximum of 30 calendar days after the submission of the claim. 4. The proceedings of the Procurement Review Board shall ensure that : a) the parties participating to the review can be heard before a decision is reached; b) the parties participating to the review can be represented and accompanied; c) the parties participating to the review shall have access to all the procurement proceedings; and d) the proceedings can take place in public. 5. The decision of the Procurement Review Board shall be in writing with a statement describing the basis for the decision, and shall be final and binding on the parties. 6. Where the decision of the Procurement Review Board upholds the decision of the Agency, the costs incurred by the claimant shall not be reimbursed. 7. The Agency shall bear its own costs unless it is demonstrated that the claimant was not acting in good faith.
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ARTICLE 1: - emits - ESA

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