The Industrial Ombudsman for ESA

With the introduction in 2009 of a procurement review mechanism in ESA's Procurement Regulations, Member States together with the Director General emphasise the importance for ESA to carry out its procurements within the prevailing principles of transparency, impartiality and non-discrimination.

Central to an independent monitoring of these principles is the role of the Industrial Ombudsman for ESA and their alternate.

The Ombudsman’s role is to facilitate in the resolution of matters arising between industries in the pre-contractual phase of procurements carried out by prime contractors within the frame of ‘Best Practice’.

In line with the procurement review procedure, the Ombudsman’s role also extends to the resolution of claims alleging procedural breach of the procurement regulations by the Agency itself.

The ESA Industrial Ombudsman participates in mediation and arbitration of disputes under Framework Supply Agreements between industrial parties – required by competition law in one or several of the ESA Member States.

The Industrial Ombudsman for ESA and Alternate to the Industrial Ombudsman act independently in the performance of their duties and neither seek nor accept instructions from anyone whatsoever.

They ensure that strict confidentiality is observed with regard to the matters dealt with in the performance of their duties.

The Industrial Ombudsman for ESA, and the Alternate to the Industrial Ombudsman, carry out their roles on a case-by-case basis.