ARTICLE 1: - emits - ESA
ARTICLE 1: - emits - ESA ARTICLE 1: - emits - ESA
ESA/REG/001, rev.2 Annex I,rev.1 Page 8 1.4. Verification of the charges of hours and cost to the contract in accordance with the principles set forth in Annex 1 (currently under review) of the GCC. 1.5. Application of relevant deductions against previously invoiced amounts. Article 2.3.3 Financial viability audit This type of audit follows a number of quantitative methodologies in widespread use including standard ratio analysis and financial capability models. An in-depth review of the trading environment, company structure and business projections will also be necessary. Article 3 Multiyear rate agreements in rate audits The rates agreed in the framework of rate audits are established for the specific audited year, and also for the following two years, these are referred to as “forward-looking rates”. Article 3.1 Updating method The forward-looking rates are established based on the agreed rate for the current year, and updated taking into account the following elements: 1.- Forward-looking macroeconomic indicators (inflation, salary forecast, material costs); 2.- Expected company productivity targets; 3.- Fluctuations in forecast business volume (institutional and commercial, space and non-space) for the audited companies. Article 4 Applicability of new rates A newly negotiated rate is effectively implemented as soon as it is agreed by ESA auditors and the industrial representatives. Following the agreement on the new rates any subsequent new tender submission by the company should already contain the newly agreed rate; this is valid irrespective of the type of contract price. Article 4.1. Applicability of new rates for current/signed fixed price contracts Current/signed Fixed Price contracts are not affected by the new rate agreements, except for Contract Change Notices to be negotiated subsequent to new rate agreements unless otherwise agreed in the contract.
ESA/REG/001, rev.2 Annex I,rev.1 Page 9 Article 4.2. Applicability of new rates for current contracts based on cost reimbursement and ceiling price to be converted to fixed price Current cost reimbursement contracts are to be adjusted retroactively to include the new rates for the years relevant to the new rate agreement. The invoices paid by ESA must be recalculated with the new rates, and the resulting balance credited or debited. For ceiling price contracts to be converted to fixed price, the new rate agreement will be used to calculate the total cost of the project but it will not lead to an increase of the ceiling price. Any necessary adjustments will be done through a Ceiling Price conversion Contract Change Notice. Article 5 Applicability of ESA audit process for third-party-funded programmes ESA will propose to partner organisations that it applies its policy of audited rates and overheads as an integral part of its audit, internal control and procurement standards, so as to understand and negotiate industrial proposals/contracts. Article 6 Cooperation with National Audit Authorities In the cases, when ESA auditors themselves do not perform the rate audit, the ESA rate will be derived from the hourly rate established by the National Audit Authority that conducted the audit of the specific company, modified to accommodate the ESA principles of allowability of cost. ESA proposes the convening of meetings between ESA auditors, national authority auditors and the company concerned to review the relevant details and agree - in the event that national rules differ from ESA rules - on the adjustments required, in order to ensure a fair and equal treatment of all companies doing business with ESA. If so requested for by a Member State, the coordination aspects between ESA and the National audit authorities could be discussed with and agreed between both parties on the basis of the governing principles as listed in Art 10.1 of the Procurement Regulations. Detailed procedures, methods and roles on audit conduct by National audit Authorities (covering amongst others the steps described in Art. 2.2, Art. 2.3.1, and Art. 2.3.3, and based on the principle of no duplication of audits) could also be agreed upon.
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<strong>ESA</strong>/REG/001, rev.2<br />
Annex I,rev.1<br />
Page 9<br />
Article 4.2. Applicability of new rates for current contracts based on cost<br />
reimbursement and ceiling price to be converted to fixed price<br />
Current cost reimbursement contracts are to be adjusted retroactively to include the new<br />
rates for the years relevant to the new rate agreement. The invoices paid by <strong>ESA</strong> must<br />
be recalculated with the new rates, and the resulting balance credited or debited.<br />
For ceiling price contracts to be converted to fixed price, the new rate agreement will<br />
be used to calculate the total cost of the project but it will not lead to an increase of the<br />
ceiling price. Any necessary adjustments will be done through a Ceiling Price<br />
conversion Contract Change Notice.<br />
Article 5 Applicability of <strong>ESA</strong> audit process for third-party-funded programmes<br />
<strong>ESA</strong> will propose to partner organisations that it applies its policy of audited rates and<br />
overheads as an integral part of its audit, internal control and procurement standards, so<br />
as to understand and negotiate industrial proposals/contracts.<br />
Article 6 Cooperation with National Audit Authorities<br />
In the cases, when <strong>ESA</strong> auditors themselves do not perform the rate audit, the <strong>ESA</strong> rate<br />
will be derived from the hourly rate established by the National Audit Authority that<br />
conducted the audit of the specific company, modified to accommodate the <strong>ESA</strong><br />
principles of allowability of cost.<br />
<strong>ESA</strong> proposes the convening of meetings between <strong>ESA</strong> auditors, national authority<br />
auditors and the company concerned to review the relevant details and agree - in the<br />
event that national rules differ from <strong>ESA</strong> rules - on the adjustments required, in order to<br />
ensure a fair and equal treatment of all companies doing business with <strong>ESA</strong>.<br />
If so requested for by a Member State, the coordination aspects between <strong>ESA</strong> and the<br />
National audit authorities could be discussed with and agreed between both parties on<br />
the basis of the governing principles as listed in Art 10.1 of the Procurement<br />
Regulations.<br />
Detailed procedures, methods and roles on audit conduct by National audit Authorities<br />
(covering amongst others the steps described in Art. 2.2, Art. 2.3.1, and Art. 2.3.3, and<br />
based on the principle of no duplication of audits) could also be agreed upon.
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