Description

The institution of the Ombud is essential for ensuring fairness, transparency and accountability of the European Space Agency towards and between economic operators in the context of ESA Programmes. For that purpose a dual representation model within the institution of the Ombud is established, wherein two Ombuds are appointed to independently handle matters brought before them, while also coordinating efforts to ensure efficient workload distribution and effective resolution of concerns.

The European Space Agency is seeking two persons to perform this function. 

They shall ensure that strict confidentiality is observed with regard to the matters dealt with in the performance of their duties and shall enjoy the same privileges and immunities granted to Experts.

Duties

As independent interface on the one hand between ESA and the industry and on the other between industrial partners, prime and sub-contractors, the ESA Industrial Ombuds will:  

• be 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;
• facilitate communications between tenderers, potential bidders and between contractors and tenderers in the resolution of matters arising out of a tender action;
• investigate cases of alleged procedural breach of the ESA Procurement Regulations brought before them, in the pre-contractual phase, in accordance with relevant ESA procedures and facilitate the resolution of such cases in accordance with said procedures;
• conduct all acts necessary in the framework of these investigations independently and without seeking or accepting instructions from anyone whatsoever;
• facilitate 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 (consortium Offer request by ESA) or during ESA-Prime contract execution in the frame of “best practices” for the selection of subcontractors;
• 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;
• upon request, give ad-hoc consultation to ESA on industrial issues and issues of revision and modification of rules and procedures applicable to procurement matters;
• upon authorisation by Council, participate in mediation and arbitration of disputes under Framework Supply Agreements between economic operators;
• assist to the meetings of the Industrial Policy Committee, at the invitation of ESA.

Condition

Applicants shall not, at the time of taking up duty, be ESA staff members or members of a Delegation representing a Member State in an ESA Delegate Body, nor shall they be employed by industry.
The financial conditions applicable to each of the official Ombud can be obtained upon written request to Mrs Muriel Tharreau at the following address: muriel.tharreau@esa.int.

Qualification

Candidates must be eminent persons with particular experience and competence in matters pertaining to European Space Industry and Procurement.

A successful candidate shall: 

• have extensive experience of international procurements and management of multinational projects within the field of aerospace and/or defence;
• have managed complex space technology projects involving teams composed of numerous industrial partners, as project manager and/or as procurement officer;
• have held successive positions involving progressively greater responsibility in ensuring an interface role between international industrial partners;
• display demonstrable authority in these matters, excellent communications skills, natural leadership and a special ability to negotiate, reach deals, and resolve conflicts between industrial partners.

The working languages of the Agency are English and French. A good knowledge of one of these two languages is required together with a working knowledge of the other language. Knowledge of another member state language is an asset.

Additional information

The duration of this appointment is for an initial period of three years and a transitional period of one month with the current Ombuds with the possibility of renewal for a further three-years period. Duty will start on 01 December 2024, in order to allow a proper hand-over with the previous Ombuds.

The closing date for submission of application is 30 June 2024.

The tasks and responsibilities of the Ombuds shall be performed within the frame of the following regulatory documents:

Annex I:   The present Terms of Reference
Annex II:  Procurement Regulations: ESA/REG/001 in their latest applicable version

                 The version in force as at the date of publication of the present Terms of Reference is ESA/REG/001, rev. 5.

Please note that the said Procurement Regulations are under revision, including the adaptation of the role and responsibilities of the Ombuds in line with the present Terms of Reference, which shall therefore prevail.

Please note that the Agency will only consider candidates from the following states:
Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden, Switzerland and the United Kingdom.