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04 APR. 2023
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A large proportion of the Agency’s annual budget is spent through procurement, which is why it is a priority to make sure that the procurement procedure established in the ESA Procurement Regulations is applied properly.
The Agency has decided that upon the fulfilment of certain conditions, economic operators who perceive that a violation of procurement procedure has taken place in a procurement in which they had a direct interest, are provided the right to initiate a review procedure seeking to ensure full respect for their right of an effective remedy and fair hearing.
Mechanism for action
How to report a suspected violation of ESA procurement procedure?
According to Article 36 of the ESA Contracting Regulations (ESA/REG/001, rev.6), any Economic Operator demonstrating a direct interest in a Procurement by the Agency and claiming a potential loss due to an alleged procedural breach of these Regulations by the Agency may seek review in accordance with Articles 38, 39 and 40 of these Regulations.
To report a violation of ESA procurement procedure, here is the process to follow:
First: Make sure you are an economic operator eligible to submit a claim in accordance with Article 36 of the ESA Contracting Regulations:
You suspect that a procedural breach of ESA Contracting Regulations has occurred in a procurement in which you can demonstrate a direct interest; and
You have suffered potential loss due to the alleged procedural breach; and
None of the exclusions outlined in Article 36 of the ESA Contracting Regulations is applicable
Then: Submit your claim in accordance with the instructions for claimants within the framework of the Review procedure which, along with the claim form, can be found under Supporting Documentation on esa-star Publication here.
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