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Roles and main competences of the Industrial Ombuds for ESA

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At the European Space Agency (ESA), the institution of the Ombud is essential for fostering fairness, transparency and accountability of the Agency towards economic operators. To this aim a dual representation model within the institution of the Ombud is established, wherein two Ombuds are appointed to independently handle matters brought before them.

Therefore, in place of an Ombud and their Alternate, with the latter performing their functions only on a case-by-case basis in circumstances where the main Ombud was unable to carry out their duties, as referred to in the previous ESA Procurement Regulations (ESA/REG/001,REV.5), the institution of the Ombud shall be performed represented by two Ombuds as per the Contracting Regulations (ESA/REG/001,REV.6), applicable from 1 January 2025.

In addition, the term ‘Ombudsman’ has been replaced by the gender-neutral term of Ombud(s).

Acting as an independent interface either between ESA and industry or between industrial partners, prime and sub-contractors, the ESA Industrial Ombuds are at the disposal of economic operators to ensure that prime contractors, at any level of the contractual chain, whether prior to or following the award of Agency contracts, conduct their procurement activities and subcontract management on a fair and equitable basis.

The ESA Industrial Ombuds intervene in facilitating communications between tenderers, potential bidders and between contractors and tenderers in the resolution of matters arising out of a tender action. 

They shall be competent for participating in the resolution of disputes between economic operators and the Agency on alleged procedural breaches of the Agency’s Contracting Regulations in the pre-contractual phase, in accordance with relevant ESA procedures and facilitate the resolution of such cases in accordance with said procedures.

The ESA Industrial Ombuds also intervenes in facilitating the resolution of disputes among economic operators arising in the context of ESA’s procurements and related to the selection of subcontractors either during the bidding period or during contract execution in the frame of ESA Best Practices for the selection of subcontractors.

Upon request, the ESA Industrial Ombuds can further participate as a member in Dispute Adjudication Boards for amicable resolution of disputes between the Agency and the Contractors and during this phase, facilitating as needed communications between contractors.

The ESA Industrial Ombuds can, upon authorisation by Council, participate in mediation and arbitration of disputes under Framework Supply Agreements between economic operators.

Finally, upon request, the ESA Industrial Ombuds can give ad-hoc consultation to ESA on industrial issues and issues of revision and modification of rules and procedures applicable to procurement matters.

The ESA Industrial Ombuds act independently in the performance of their duties without seeking or accepting instructions from anyone whatsoever. They ensure that strict confidentiality is observed with regard to the matters dealt with in the performance of their duties.

More information regarding the role of the ESA Industrial Ombuds and the applicable procedure can be found in the new Contracting Regulations (ESA/REG/001,REV.6) dated 24 November 2024, Article 35, applicable as from 1 January 2025.

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