With the objective of ensuring fairness of competition and in particular between Prime Contractors and subcontractors, the Agency has also implemented some specific measures :
1. Best practices For the Selection of Subcontractors by Prime Contractors in the frame of ESA 's Major Procurements
These “Best Practices” deal with the measures to ensure the fairness of the selection of subcontractors in ESA's Major Procurement.
Although specifically targeted at major procurements such as space and/or ground segment, they may be applied in the frame of any competition, independent of its nature or magnitude, should the Agency deem it adequate in order to achieve the fairness of competition.
It is important to note that if so required, the application of these “Best Practices” may be extended also vis-à-vis other prime Contractors in the cases when they or companies belonging to the same industrial and/or legal organisation, or affiliated companies (meaning any form of association giving a company a vested interest in the outcome of the evaluation), are a single source supplier.
The text of these “Best Practices” is available in EMITS http://emits.esa.int/emits/owa/emits.main , under Reference Documents / Administrative Documents.
2. The ESA Industrial Ombudsman
To guarantee that ESA procurements are carried out within the prevailing principles of transparency, impartiality and non-discrimination, an ESA Industrial Ombudsman, is in charge of monitoring the application of such principles.
The ESA Industrial Ombudsman can be contacted in relation with :
- The Best Practices for the selection of subcontractors by Prime Contractors in the frame of ESA 's Major Procurements,
- Contractual matters between economic operators,
- The Review procedure defined in the ESA Procurement Regulations.