At ESA, the institution of the Ombud is essential for fostering fairness, transparency and accountability of the agency towards economic operators. To that 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.
First of all, the term of “Ombudsman” previously applicable has now been replaced by the gender-neutral term of Ombud (s).
The mandates of the current ESA Industrial Ombudsman, Mr Georges Bernede and alternate, Ms Lesley-Jane Smith, will expire on 31 December 2024.
Their successors, Mr Matthias Meyerhans and Mr Jean-Marc Nasr, will take-up duty as new ESA Industrial Ombuds as from 1st January 2025 for a three-year mandate.
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 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. To that aim the ESA Industrial Ombuds conduct all acts necessary in the framework of these investigations independently and without seeking or accepting instructions from anyone whatsoever. All investigations shall be carried out in the strictest confidentiality.
The ESA Industrial Ombuds intervenes also 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.
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 1st January 2025 (https://esastar-publication.sso.esa.int/supportingDocumentation/details/42f)
The newly appointed Ombuds in charge as from 1st January 2025 are:
- Mr Matthias Meyerhans: He has gained significant experience in procurement and contracts management positions initially in the aerospace industry and subsequently in the UN system, with increasing levels of responsibility in various procurement functions within several Organisations. Thanks to over 25 years’ experience in international organisations, he has a sound knowledge of international public procurement and solid skills in facilitating and negotiating agreements and reaching consensus on controversial issues.
- Mr Jean-Marc Nasr: He has held successive and various management positions, such as Executive Vice President or CEO within Airbus Defence & Space / EADS Secure Network/ AEROSPATIALE Satellites. He has led also the SME Spot Image. He has gained strong experience with major international customer organisations in different countries, dealing with complex contracts with partners (mid cap companies and start-ups). Moreover he has been the Eurospace President for 2 years, up to October 2024.
Their contact details and additional information can be found on the ESA website (https://www.esa.int/About_Us/Business_with_ESA/How_to_do/Contact_the_Industrial_Ombudsman_for_ESA)
