subject: ao/1-8694/16/nl/mm invitation to submit a...
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Responsible Contracts Officer
Ms M. Mezzadri (IPL-PEN) Tel. (31) 71 5653521 Fax (31) 71 5654369
E-mail: [email protected]
Our ref. ESA-IPL-PEN-CS-ap-2016-100-LE
Noordwijk, 18th of May 2016
Subject: AO/1-8694/16/NL/MM
Invitation to submit a Request to Participate (Stage One A) for a tender for Galileo Ground Mission Segment and Security Facility Exploitation Phase June 2017 – December 2022 (Two-Stage Tendering Procedure)
Dear Sir or Madam,
The European Space Agency (hereinafter also referred to as “the Agency”) is hereby inviting all economic operators interested to submit a Request to Participate (RTP) for a contract for the procurement of the Galileo Ground Mission Segment and Security Facility Exploitation Phase from June 2017 – until December 2022 included. ESA and GSA are acting by virtue of REGULATION (EU) No 1285/2013 of the European Parliament and of the Council of 11 December 2013 on the implementation and exploitation of European satellite navigation systems (“GNSS Regulation”) and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council.
In accordance with the GNSS Regulation, the procurements to be performed during the Exploitation phase are expected to be regulated by a Working Arrangement currently under negotiation between the Agency and the GSA. In anticipation of the GSA-ESA Working Arrangement signature, a Temporary Arrangement (TA) has already been agreed between ESA and GSA under which the Agency has initiated the present procurement action with a view to introduce it as part of a Specific Contract, to be concluded between the GSA and ESA. Once all
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these steps are successfully achieved, a contract may be awarded by ESA to the successful bidder. The current planning is to start the industrial activities in June 2017.
1 Subject of the Procurement:
The Agency wishes to procure Galileo Ground Mission Segment and Security Facility activities for Exploitation Phase (FOC2 WP2X) through (a) Framework Contract(s) awarded to a Prime Contractor, as identified in detail in Appendix 1 of the Request to Participate (Appendix 1: High Level Statement Of Work).
In order to avoid any discontinuity of the Ground Mission Segment and Security Facility activity, the activities procured under the current tender shall start not later than June 2017. If needed, a hand-over period from the current FOC WP2 Contractor to the new selected bidder(s) may also be envisaged.
The subject activity will be procured under (a) Framework Contract(s) lasting until 31 December 2022 covering the activities identified in the attached appendices hereto. The Agency may decide, taking into account the outcome of Stage One A, to procure FOC2 WP2X under a multi supplier Framework Contract scheme. Such decision will be notified to the selected Candidates as part of Stage One B.
As part of schedule risk mitigation measures and depending of the outcomes of the PRS Evolution study and the status of the updated PRS management requirements (expected at S-DCDR c/o), the Agency could engage the procurement of 1 or 2 WP2-X Long Lead Items contract(s) as part of the WP2-X procurement process. Only those Candidates retained as part of the WP2-X RTP will be eligible to submit proposals for WP2-X LLIs contracts. The results of that procurement will be included then into the WP2-X Contract, according to modalities which will be specified in Stage One B.
The WP2-X procurement will include, as an option, the procurement of recurrent elements and the necessary network equipment for populating an additional integration chain to be installed in one of the two GCCs. The content of this option will be detailed during stage One B. The WP2-X procurement will include the possible assignment of the subcontract in relation to upgrade and first evaluation of PRS security modules currently under the responsibility of WP2 contractor, according to terms and conditions which will be specified in stage One B.
2 Procedural aspects
The procurement of the Galileo Ground Mission Segment and Security Facility for the Exploitation Phase (from June 2017 until December 2022 included) will be organised as an ESA Procurement based on the Agency’s Procurement Regulations (ESA/REG/001, rev.4), hereinafter “ESA Procurement Regulations”, along the principles contained in chapter 5 of the GNSS Regulation, following the modifications agreed in the TA between the GSA and the Agency. Further
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information about these modifications is attached in Annex 2 to this Letter.
The procedure adopted for this Procurement shall be a Two-Stage Tendering Procedure, which involves the publication on EMITS of the Invitation to submit a Request to Participate in accordance with Article 16 of ESA Procurement Regulations intended to result into a contract, awarded in accordance with Part V of the same Regulations. The procedure and its stages (Stage One A, Stage One B and Stage Two) are further described in par. 1.6 of Appendix 3 (Conditions of Tender).
On the basis of the tender submitted as a result of Stage Two, the Agency will select the Tenderer(s) for the Framework Contract(s) award and the Tenderer for the Work order(s) award.
Please note that the present Invitation to submit a Request to Participate has been published on the online version of Supplement to the Official Journal of the EU, in a Buyer’s profile.
3 Structure of the Invitation to submit a Request to Participate
The Invitation to submit a Request to Participate is composed of the following documents:
- This Cover Letter and its annexes:
- Appendix 1: Galileo Ground Mission Segment and Security Facility - High Level Statement of Work
- Appendix 2: Galileo Ground Mission Segment and Security Facility– High Level Requirements
- Appendix 3: Conditions of Tender applicable to the Invitation to submit a Request to Participate
- Appendix 4: Security Aspects Letter for Galileo Ground Mission Segment and Security Facility
- Appendix 5: Programme Security Instructions
- Appendix 6: List of Galileo Ground Mission Segment and Security Facility Security Sensitive Procurements
4 Registration
The Member States of ESA have made it mandatory for the Agency to register economic operators wishing to do business with ESA. Economic operators wishing to do business with ESA not yet registered as potential Tenderer, are requested to complete the online questionnaire on the “ESA-STAR registration” website (https://esastar-emr.sso.esa.int/). Any entity, at the time when a proposal is submitted (already for stage 1A), should at least have already completed the “Light Registration” as described in the following ESA-STAR Registration User Manual: http://esamultimedia.esa.int/docs/business_with_esa/CG-EM-ORR-S-16_End_User_Manual_v1.2.pdf That registration as an ESA Entity includes the obligation to subsequently fill in the ESA
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Questionnaire and its yearly updating. Failure to provide or update the required information may result in EMITS non-public part access being blocked. Further information on the registration process can be found on the Industry Portal pages available at: http://www.esa.int/About_Us/Business_with_ESA/How_to_do/esa-star_Registration_Process
5 Contractual structure and core team composition/task assignment
The Framework Contract(s) will be awarded to the selected Prime Contractor(s).
In Stage Two of the procurement procedure, the Tenderer shall maintain the same Core Team composition (i.e. Prime Contractor and those Subcontractors, which are essential in order for the Candidate to be in a position to meet the selection criteria) and task assignment, as defined in the Conditions of Tender Definitions, for the application for Stage One B. Respect of the above requirement is a pre-condition for the contract award at the end of the Stage Two.
6 Security Aspects
The RESTREINT UE/EU RESTRICTED documents identified as [AD.1] & [AD.3] in the Security Aspects Letter (Appendix 4) are not provided through EMITS. The Candidate may request, upon signature of a Non Disclosure Undertaking (NDU) attached hereto, a copy of those documents to the ESA Galileo Security Officer via fax to:
Mrs Nathalie Gay/ Mr Paolo Del Vecchio Galileo Security Officer ESA-ESTEC Fax: +31 71 565 4369 Phone: +31 71 565 3904
informing in parallel the responsible Contracts Officer Monica Mezzadri ( email: [email protected]), and in copy to Ms Caroline Smoczarski ( email: [email protected]) and Ms Athanasia Papadopoulou (email: [email protected]).
7 Deadline for Application submission
The Candidate is requested to submit the Application in answer to the Invitation to submit a Request to Participate in accordance with the Conditions of Tender - Appendix 3, not later than 16th June 2016 at 13:00 hrs CET.
REQUEST TO PARTICIPATE RECEIVED AFTER THE DEADLINE FOR SUBMISSION WILL NOT BE ACCEPTED.
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8 Communication during the tendering time
Contacts between the awarding authority and Candidate(s) are prohibited throughout the procedure except in exceptional circumstances and under the following conditions only:
Before the closing date for submission of the Application,
At the request of the Candidate, the awarding authority may provide additional information solely for the purpose of clarifying the nature of the contract.
Requests for additional information received less than ten (10) calendar days before the final date for submission of the Request to Participate will not be processed in order to allow the Agency to provide its response not later than six (6) days before the closing date.
The Agency may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any other material shortcoming in the text of the tender documents (including, for the sake of clarity, also documents submitted at stage One A).
Any additional information including that referred above will be posted on EMITS http://emits.sso.esa.int/emits/owa/emits.main . The website will be updated regularly and it is the Candidates' responsibility to check for updates and modifications during the tendering period.
After the opening of the Request to Participate,
If clarification is required or if obvious clerical errors in the Request to Participate need to be corrected, the Agency may contact the Candidate provided the terms of the Request to Participate are not modified as a result.
All communications have to be sent to the responsible Contracts Officer Monica Mezzadri ( email [email protected]), and in copy to Ms Caroline Smoczarski ( email: [email protected]) and Ms Athanasia Papadopoulou (email: [email protected]). When addressing questions, Candidates are requested to quote the RTP reference. The Agency is not bound to reply to request for additional information made less than 10 days before the deadline for submission of the Application.
9 Acceptance
Submission of the Request to Participate implies acceptance of all the terms and conditions set out in this Invitation to submit a Request to Participate and, where applicable, waiver of the Candidate's own general or specific terms and conditions. The terms and conditions will be binding during the performance of
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the contract on the tenderer to whom the contract is awarded.
10 Financial Aspects
The price conditions applied in the PSS/ECOS of the financial proposal part of the tender submitted in Stage One B and in Stage Two shall be based on the latest full rate cards agreed with ESA for the relevant years of the proposal. Financial data submission for Stage One B & Stage Two will be required in ECOS.
The activities finally selected under Stage Two, after successful negotiation, will result in Firm Fixed Price Work Order(s).
While it is not possible at this stage to define an overall financial envelop for the total scope of WP2X to be covered for the Framework Contract(s), the Candidates shall consider a level of resources commensurate with a complex Ground System programme within a range of 350 M€ to 800 M€ allocated in Work Order(s) (indicative order of magnitude).
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11 Treatment of Application for Request to Participate
This Invitation to submit a Request to Participate is in no way binding on the Agency. A commitment will be in force only when the contract with the successful Candidate has been signed at the end of Stage Two.
Until (a) Framework Contract(s) and/or (a) Work Order(s) is (are) signed, ESA may decide not to award (a)Framework Contract(s) and/or (a) Work Order(s) or to cancel the tendering procedure, without the Candidate(s) or tenderer(s) being entitled to claim any compensation. Where appropriate, the decision will be substantiated and brought to the attention of the Candidates.
The Candidate shall be responsible for and bear all of their costs incurred for the preparation of the Request To Participate (stage One -A) and for the following Stage One –B and Stage Two of this procurement Procedure, including, without limitation, the preparation, submission and potential update, and shall not be reimbursed.
Once the Agency has opened the Request to Participate, the document shall become the property of the Agency and it shall be treated as provided for in the Conditions of Tender.
Candidates will be informed whether their Request to Participate has been accepted or rejected. Yours faithfully,
Stefano M. Fiorilli Head of ESA Procurement Department
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Annex 1 – NON DISCLOSURE UNDERTAKING
This Non-Disclosure Undertaking (hereinafter the "NDU") is “read and agreed’’ by
[enter name of company and name of individual legally authorised to sign this document on behalf of the company], also referred to as the “Candidate” or the “Receiving Party”
whose registered office is at
[enter address]
PREMISES
Whereas the Candidate wishes to receive from the European Space Agency (herein-after the Agency”) certain Proprietary Information (as defined in Article 1 hereafter) for the purpose of preparing an offer in the setting of the Galileo Ground Mission Segment and Security Facility Exploitation Phase tender reference AO/1-8694/16/NL/MM (hereinafter the “Purpose”),
Whereas the information provided may contain classified information, the circulation thereof is only possible pursuant to the provisions of the PSI,
Whereas the Candidate shall specifically agree on the conditions and rules governing the disclosure to the Candidate, use and protection of such Proprietary Information by the Candidate during the duration of the Galileo Ground Mission Segment and Security Facility Exploitation Phase tender reference AO/1-8694/16/NL/MM.
Therefore the Receiving Party agrees as follows:
1. Definition
1.1 For the Purpose of this NDU "Proprietary Information" shall mean any information or data of financial, personal, commercial or technical nature marked as per Article 1.2 below, including but not limited to, any reports, analyses, compilations, studies, interpretations, assumptions, estimates, projections, forecasts and records that relate to the financial situation, customers, business strategy, prospects, marketing, planning or programming of the Agency and/or of the European Commission (including related entities as, for example, the GSA), whether it relates to technical, pricing, legal or other information, including ideas, know-how, concept, designs, specifications and data, and whether it is in written, electronic, photographic, oral and/or any other form relating to and/or disclosed by or on behalf of the Agency to the Receiving Party, pursuant to this NDU.
It shall also include models, tools or other hardware disclosed and identified in writing by the Agency to be Proprietary Information.
1.2 Such Proprietary Information shall be clearly and conspicuously marked as “Proprietary material belonging to [include name of the Party]” at the time of disclosure. Proprietary Information, which is orally disclosed, may only be protected under this NDU if it is identified as Proprietary Information at the time of disclosure and then confirmed in writing within 15 working days from such oral disclosure. Notwithstanding the above, any Classified information shall be directly understood as Proprietary Information and therefore subject to this NDU.
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2. Handling of Proprietary Information
The Receiving Party obligations include the following.
2.1 All Proprietary Information will neither be used, duplicated, in whole nor in part, for any purpose other than the Purpose of this NDU as specified above, without the prior written consent of the Agency.
2.2 All Proprietary Information will be protected and kept in confidence by the Receiving Party, which shall use at least the same degree of care and safeguard as it uses to protect its own Proprietary Information of like importance.
2.3 The Receiving Party shall take reasonable precautions to prevent disclosure of the Proprietary Information to other than those employees, consultants and board members within the Receiving Party's organisation who have a need to know for the Purposes stated herein and shall ensure that such persons shall be bound by the provisions of this NDU before release to such persons of the Proprietary Information. Before any release of Proprietary Information, when considered necessary, to any person other than the Receiving Party, the latter shall obtain a written acknowledgement of this NDU and a commitment to be bound by its terms as though the receiving third Party had signed this NDU itself.
2.4 If the Receiving Party becomes aware of any leak concerning Proprietary Information of the Agency, it shall immediately inform the Agency to attempt jointly to find a remedy to the situation.
2.5 Any Proprietary Information disclosed by the Agency to the Receiving Party shall remain the property of the Agency or of the original owner.
2.6 When Proprietary Information is no longer needed for the purpose of this NDU, or upon written request by the Agency (or of the original owner) or upon expiry of this NDU pursuant to Paragraph 5, whichever occurs first, all documents containing Proprietary Information and all copies thereof and all models, tools and hardware referred to in Paragraph 1.1 above shall be returned by the Receiving Party within 60 days of the occurrence of the first said event. In lieu of return of such documents, the receiving Party may, with the written permission of the Agency, destroy all such received documents, and so certify in writing to the Agency.
3. Limitation on Protection of Proprietary Information
The obligations with respect to handling and using Proprietary Information as aforesaid in Paragraph 2 are not applicable to information that the Receiving Party can demonstrate within 15 working days by written evidence: (a) has come into the public domain prior to, or after, the disclosure thereof and in such case through no fault of the Receiving Party; (b) was already or has become in the possession of the Receiving Party without any obligation of confidentiality upon the Receiving Party; (c) has been or is published without violation of this NDU; (d) is independently developed in good faith by employees of the Receiving Party who did not have access to the Proprietary Information; (e) ) is approved for release or use by written authorisation of the Agency; (f) is disclosed pursuant to the request of a governmental or jurisdictional authority, in which case the Receiving Party, subject to possible constraints of such governmental or jurisdictional authority, shall immediately give the Agency a written notice of the above request and shall reasonably cooperate with the Agency in order to avoid or limit such disclosure.
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4. Authorised Recipients of Proprietary Information
4.1 In accordance with the terms and conditions of this NDU, it is expressly understood and agreed that the employees and board members designated from time to time by the Receiving Party shall be the exclusive individuals authorised to receive and/or transmit Proprietary Information under this NDU.
4.2 The Receiving Party designates herewith the following address and person in its organisation to receive Proprietary Information
[Receiving party] -
To the attention of:
Tel.: Fax:
4.3 Notices hereunder shall be deemed validly given if delivered by and/or sent by fax or post (registered mail, with proof of posting) to the above authorised person at the address of the intended recipient as shown above, and shall be deemed effective upon the date of dispatch.
4.4 The Receiving Party may change its authorised recipients by written notice to the Agency, provided the provisions of this NDU under Paragraph 2 above and the relevant signature of the relevant Non-Disclosure Undertaking are duly complied with prior to such disclosure.
5. Effective Date and Expiration of Obligations
5.1 The effective date of this NDU shall be the date on which it is signed. This NDU shall remain in force for 10 years as from its signature with limited reference to the information and scope and Purpose concerned by the NDU, unless a contract is signed according to the following paragraph. Following signature of a contract as a result of the tender, any information exchanged for the purpose of conclusion and execution of the contract signed following the tender is not supposed to be covered by this NDU but by the resulting contract, if any.
5.2 The obligations imposed by Paragraph 2 above with respect to the use and protection of Proprietary Information shall continue until the original Proprietary Information, as well as any copies and derivatives, are returned to the Agency or destroyed in accordance with Paragraph 2.6 above, once the Purpose of the NDU is achieved or once the term has expired.
6. Rights and Liabilities of the Receiving Party
6.1 It is understood that this NDU constitutes a Non Disclosure Undertaking only. It shall not be construed as a partnership, joint venture or other such arrangement. Nothing in this NDU shall grant to the Receiving Party the right to make commitments of any kind for or on behalf of the Agency without the prior written consent of the Agency.
6.2 It is expressly agreed hereby that the disclosure and provision of Proprietary Information under this NDU by the Agency to the Receiving Party shall not be construed as granting to the Receiving Party any rights, either express or implied by licence or otherwise on the matters, inventions or discoveries to which such Proprietary Information pertains or any patent, copyright, trademark or trade secret rights.
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6.3 This NDU and the rights and obligations hereunder may not be transferred or assigned by the Receiving Party without the prior written approval of the Agency.
6.4 Without restricting the generality of the foregoing, the Receiving Party shall not make any representation or warranties as to merchantability or fitness for a particular purpose of any Proprietary Information disclosed hereunder.
6.5 This NDU represents the entire understanding and agreement of the Receiving Party with respect to the Purpose defined in the above.
6.6 Nothing in this NDU may be construed as compelling the Agency hereto to disclose any Proprietary Information to the Receiving Party or enter into any further contractual relationships.
6.7 The receiving Party shall bear its own costs incurred under or in connection with this NDU.
7. Invalidity of Provisions
If any term of this NDU is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: a) the legality, validity or enforceability in that jurisdiction of any other term of this NDU; or (b) the legality, validity or enforceability in other jurisdictions of that or any other provision of this NDU.
8. Applicable Law and Settlement of Disputes
8.1 This NDU shall be governed by the law of the European Union, complemented, where necessary, by the national substantive law of Belgium excluding all conflict of law provisions.
8.2 All disputes in connection with or arising out of the existence, validity, construction, performance and termination of this Agreement (or any terms thereof) which cannot be resolved within 30 days from the date of a written notice from the Agency to the Receiving Party to notify the existing dispute, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce of Paris by 3 arbitrators appointed in accordance with the said rules. The
cost of arbitration, including the fees and expenses of the arbitrators, shall be shared equally by the
Receiving Party and the Agency unless the award otherwise provides. The Receiving Party shall bear its own representation fees and costs associated with the arbitration. The arbitration proceedings shall be conducted in the (English or French) language in Paris and the arbitration award shall be final and binding upon the Parties, their successors and assignees which shall comply in good faith with such decision.
In witness whereof, the Receiving Party has caused this NDU to be executed by its duly authorised officers or representatives,
Signed by
Date Date
………………………………………………. xxxx
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Annex 2
For the purpose of the GSA-ESA Working Arrangement and the present procurement the provisions of the ESA rules and the documents referred to this Invitation to submit a RTP shall apply with the following modifications:
Intellectual property
The ownership of all Foreground IPR created or developed through activities under the Working Arrangement shall be automatically acquired (and as appropriate, transferred) to the European Union. The necessary mechanisms shall be put in place to ensure and effect such direct transfer of ownership to the European Union upon acceptance by ESA of the deliverables containing such Foreground IPR.
In order to ensure full usability and further developments/modifications of the results of any activities under this Working Arrangement, the European Union (as the case may be, through or and the GSA, or their assignee(s)) shall be provided with a cost free, perpetual, worldwide, non- exclusive, transferable licence (including the right to sub-license) covering all background intellectual property rights necessary for an effective use of those results for the purpose of the operation, service provision and future evolutions of the GALILEO System, including its use outside the European Union territory based and on international agreement.
Any provisions makings references to the Industrial Policy and Industrial Policy Committee
prerogatives and decision making powers are not applicable.
Any provisions concerning geographical distribution of ESA contracts contained in:
o ESA Convention, with particular regard to Annex V thereto and
o ESA Procurement Regulations, with particular regard to Annex II
are not applicable.
Any provision related to Preliminary Authorisation to Proceed with a financial limit of
liability contained in article 44 of the Procurement Regulations shall not apply, unless
otherwise agreed between ESA and GSA.
The Procurement Regulations, the ESA Tender Evaluation Manual, the General Conditions of
Tender for ESA contracts are amended as follows:
A. Adjustments to ESA Procurement Regulations (ESA/REG/001 rev. 4):
Article 7: Reporting: Not applicable
Article 10: Principles: Article 10.1 d): Not applicable
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Article 11: Granting of special rights in the frame of agreements
Not applicable
Article 13 : Competitive Tendering:
Article 13.2 f): Not applicable
Article 14: Non- Competitive Tendering:
Article 14.1 g): Not applicable
Article 17 : Best Practices:
Applicable on the understanding it shall not apply for Geographical distribution purposes or
any other aspects excluded under this Annex.
Article 18: Qualification and registration of economic operators:
Art. 18.1 shall apply to all economic operators belonging to EU Member States
Article 18.1 (e): after “they” insert “or persons having powers of representation, decision
making or control over them,”
Article 18.1(f): after: “justify” insert “including by decisions of the EIB and international
organisations”
Article 18.1(h): after “they” insert “or persons having powers of representation, decision
making or control over them,” and after “criminal organisation” insert “ money laundering”
Article 18.8 shall read:
In the frame of arrangements and/or of procurements made with non-Member States,
Associate States or Cooperating States, economic operators from those States shall be
required to satisfy the requirements laid down under the present article and shall be
granted only full or partial access to the non-public part of the Agency’s electronic medium
dedicated to procurement.
Article 21: Submission to the Industrial Policy Committee and Thresholds:
In application of Article 3.2 of the ESA Procurement Regulations, Article 21 is not applicable
for the purpose of the Working Arrangement.
Article 23: Tender Evaluation Boards and Panel:
Tender evaluation boards shall always be appointed for the entire procurement procedures
to be conducted under the Working Arrangement.
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Article 25: Evaluation criteria and weighting factors:
Applicable. In addition ESA shall define a price/quality ratio where price shall weight no
less than 20% unless otherwise agreed by the GSA in advance.
Article 27: Addressees of Invitation To Tender:
Applicable subject to compliance to participation conditions as defined in this Annex.
Article 28: Publication of Invitation To Tender:
Article 28 is supplemented by the following:
The publication of the Invitation to Tender (ITT) shall occur on the public part of EMITS
(EMITS news) and in OJ (in the buyers profile), with disclaimer on ESA's commitment to
contract.
The publication of the Invitation To Tender (ITT) and of any information related to the
subject activities (Intended Invitations to tender, clarifications ....) shall allow access to the
documents relating to the Invitation to Tender (ITT package) or any other information to
potential tenderers as laid down above in the Working Arrangement.
Article 43: Submission of contract proposal and information note to the Industrial Policy
Committee:
In application of Article 3.2 of the ESA Procurement Regulations, Article 43 is not
applicable for the purpose of the Working Arrangement.
Article 45: Notification to Tenderers and awards notice:
Award notices shall be published by ESA.
Article 59: Amendments
A sentence is added to Article 59:
However, any modification to the ESA procurement rules and procedures during the
period of execution of the Working Arrangement shall not be applicable to the
subcontracts concluded by ESA under its Specific Contracts with the GSA unless agreed
with the GSA.
Any other reference to the above Articles in the ESA Procurement Regulations is to be understood
as these Articles adjusted for the purpose of this Working Arrangement where applicable.
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B. Adjustments to the ESA Procurement Regulations in the Tender Manual (Annex
III to ESA/REG/001 rev.4)
Any reference to the Articles of the ESA Procurement Regulations in Tender Evaluation Manual is
to be understood as the Articles modified and or amended for the purpose of the Working
Arrangement where applicable.
In particular,
• In point 7.7.1, the following sentence shall be added: “However, for the purposes of
the ESA-GSA Working Arrangement, ESA shall not apply industrial policy measures
and/or geographical return requirements.”
• In point 7.7.3, the following sentence shall be added: “However, for the purposes of
the ESA-GSA Working Arrangement, ESA shall not apply industrial policy measures
and/or geographical return requirements.”
C. Adjustments to ESA Procurement Regulations in the General Conditions of
Tender for ESA Contracts (Annex IV to ESA/REG/001 rev.4)
Any reference to the Articles of the ESA Procurement Regulations in the General Conditions of
Tender for ESA contracts is to be understood as the Articles modified and or amended for the
purpose of the Working Arrangement where applicable.
In particular,
• Annex IV
In point A.4, the following sentence shall be added: “However, for the purposes of the ESA-GSA
Working Arrangement, ESA shall not apply industrial policy measures and/or geographical return
requirements.”
• Annex C to Annex lV
In point D, the following sentence shall be added: “However, for the purposes of the ESA-GSA
Working Arrangement, ESA shall not apply industrial policy measures and/or geographical return
requirements.”
Specific information on Tenderers’ Status
Tenderers will apply the exclusion criteria in compliance with Article 18 of the ESA Procurement
Regulations.