Reporting a violation of ESA procurement procedure

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.