Reporting a violation of esa procurement procedure
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 48 of the ESA Procurement Regulations (ESA/REG/001, rev.5), any economic operator demonstrating a direct interest in an ESA procurement and claiming a potential loss due to alleged procedural breach of the ESA Procurement Regulations may seek review in accordance with Articles 51, 53 and 55 of the ESA Procurement 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 Articles 48 and 49 of the ESA Procurement Regulations:
- You suspect that a procedural breach of ESA Procurement 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 restrictions outlined in Article 49 of the ESA Procurement 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.