references: iter/ 12/cfe/7186/jtr · updated of the design definition folder (def). in particular,...
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References: ITER/ 12/CFE/7186/JTR
Engineering support for ITER Magnetics Diagnostics (Loops and Saddles)
（ITER磁気計測(フラックスループ＆サドルコイル)に関する技術支援）
※締め切りが延長されました。
（旧）5月 10日 17時現地時間から（応募書類は ITER機構へ直接提出）
（新）5月 21日 17時現地時間から（応募書類は ITER機構へ直接提出）
概要：
ITER機構・ITER計測チームでは、設計、R&D及びフォロ-アップ活動を含む ITER磁気計測(フラックス
ループ&サドルコイル)に関する技術支援を行うエキスパートを、ITER 参加極の企業・機関等から募
集しています。応募を希望される企業・機関等は、所定の期限までに応募書類を直接 ITER 機
構の下記担当までご提出下さい。
○ 主な作業内容
１）制作仕様に対応するため PDRを通して実施する設計検証と R&D計画他。
２）ループに必要な終端、ジョイントアセンブリ、配線、取りつけ（クリップ）等の部品詳細
に係る設計定義フォルダ（DEF）の更新。7種類のループアセンブリに係るアセンブリ詳細と制
作詳細設計。設計モデル・設計図の更新をタイムリーに実施するために CAD作業の監督。
３）各ループアセンブリタイプに係る熱・磁気・構造解析の仕様作業。
４）R&D活動、照射試験、部品調達、設計レビュー他。
○主な経験
・テクニカル・プログラムエキスパートとして技術仕様書にある業務を遂行できるだけの十分
な職務経験を有する。
○作業場所
・ITER機構（仏カダラッシュ）における作業 260日、それ以外での作業 70日（合計 330日）。
○契約期間
・契約後 18か月。
○その他
・勤務した日数に応じて、ITER機構の規則に基づき、月毎に報酬及び旅費を支給。
・契約者は、本業務の遂行にあたり、利害の対立が生じないようにすること。
・契約者は、ITERプロジェクトにおいて契約を得ようとしている企業と関係を有しないこと。
・契約者は、本業務を通じて得た情報に対して秘密保持が義務づけられる。
・ITER機構が面接（電話、ビデオ会議など）を行うことがある。
・ITER機構の規定にしたがい、日当の上限は 500ユーロ。
○提出書類
・履歴書(CV) ・日当提案書・誓約書
○応募書類提出先
・ITER機構の下記担当者宛に電子メールにて送付
○応募書類提出期限
・2012年 5月 21日 17：00(CET)
ITER_D_ 7LMFQG
Technical Officer to provide support for ITER Magnetics
Diagnostics (Loops and Saddles)
Technical Specifications
Version 1.0 Date: 05/04/2012 Name Affiliation Author M KEANE/G VAYAKIS CHD / DIAGNOSTICS
Reviewers M WALSH CHD/ DIAGNOSTICS
Approver D BORA CHD
ITER_D_ 7LMFQG
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Table of Contents
1 Abstract ................................................................................................................................3
2 Background and Objectives ...............................................................................................3
3 Scope of Work ......................................................................................................................3
4 Estimated Duration .............................................................................................................4
5 Work Description ................................................................................................................4
6 Responsibilities (including customs and other logistics) ................................................5
7 List of deliverables and due dates (proposed or required by ITER) ...............................5
8 Acceptance Criteria (including rules and criteria) ............................................................5
9 Specific requirements and conditions ................................................................................6
10 Work Monitoring / Meeting Schedule ..............................................................................6
11 Payment schedule / Cost and delivery time breakdown ..................................................7
12 Quality Assurance (QA) requirement ................................................................................7
13 References / Terminology and Acronyms ........................................................................7
ITER_D_ 7LMFQG
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1 Abstract
This document describes technical needs of ITER Diagnostics Division, with particular
reference to the requirement for a Technical Officer for Magnetics Diagnostics, including
design activities, R&D activities and follow up activities, as appropriate.
2 Background and Objectives
ITER is a major new device that is under construction at Cadarache, near Marseille, France.
This device will study the potential of controlled nuclear fusion to provide energy for mankind.
To study the behaviour of this device, a set of monitoring systems (called Diagnostics) are
required. These systems will provide the information required to understand and control the
performance of the device.
In particular, measurements of magnetic field and flux are essential to control the plasma. The
work described below is related to the hardware required for a class of magnetic diagnostics
intended to measure the loop voltage along and enclosed flux within specific large closed
contours, by means of loops of cable following these contours. These are known as flux loops.
A conceptual design of the ITER flux loops has been presented to an international review panel
and approved as the basis for further work in 2011. Additional design work has been carried
out since by ITER and will continue to the standard of a Preliminary Detailed Design review in
March 2013. The design will then be continued by the European Domestic Agency (F4E) with
ITER oversight.
3 Scope of Work
The primary objective of this engineering contract is to support the ITER Diagnostic Team in
the technical oversight of design and R&D work, and preparation of design reviews, including
follow up and documentation activities as appropriate. Elements of design and R&D work are
also included. The main focus of the work will be in the area of Magnetic Diagnostic,
specifically, flux loops, of which there are 7 different types.
The bidder will prepare work in the following areas:
A. Review and finalise design and R&D plan
B. Take over and finalise the design of the terminations, joints and attachments of the
loops
C. Perform and oversee analysis work to support B.
D. Specify and oversee R& D activities
E. Help specify and oversee irradiation tests for cable terminations
F. Procure suitable components to support D and E.
G. Prepare, from both technical and organisational perspectives, a preliminary design
review package, comprising documentation and presentations,
H. Amend this package following the PDR
I. Help prepare the technical documentation for the process of transfer of the work to
F4E.
ITER_D_ 7LMFQG
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There will be a requirement to liaise with IO personnel and particular external contractors over
the period of the contract.
It will be necessary to collect inputs from these contractors and use them to generate internal
IO documentation.
Additional appropriate design works may arise in the duration of the contract.
It is anticipated that the contracting body will second one or more experts to ITER to fulfill the
Work Description below.
4 Estimated Duration
The duration of the contract can be for up to 18 months from the starting date of the contract.
It is anticipated that least 70 % of time should be on- site at ITER.
5 Work Description
See References in Section 12 and 13 for background information.
Specific deliverables schedule
Scope of
Work Deliverable Description
A Design and R&D
plan
Validation of design and R&D planning through the PDR to support
of the Manufacturing Specs (at F4E). Update of the work plan.
Compilation of a design justification plan.
B Design
description
Updated of the Design Definition Folder (DEF). In particular,
component descriptions of terminations, joint assemblies, wiring,
attachments (clips) and all other supporting hardware for the loops.
Assembly and manufacturing description for each loop assembly
(seven types). Oversight of CAD activities to generate appropriate
updates to design models and drawings.
C Analysis work Specifications for thermal, electromagnetic and structural analysis
of each type of loop assembly. Assessment of external reports.
Compilation of structural integrity report and Design Justification
Folder (DJF) elements (e.g. R&D reports). Update of the Risk
Tables for the magnetics. Update of the RAMI.
D R&D activities Specify and oversee R&D to (1) qualify the welding of attachments
to the vessel (2) test (mechanically and thermally in vacuo) the
connections of the cable to the attachments (3) test (electrically in
controlled atmosphere)
ITER_D_ 7LMFQG
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E Irradiation tests Help with selection and ordering of samples. Review and
contribution to R&D specs for any irradiation tests (Note:
irradiation expert support available within ITER). Compilation of
results and incorporation in DJF.
F Procurement of
components
For cables, connections, joints and attachments (write technical
specs, liaise with companies, execute selection and follow up)
G/H Design reviews Prepare, from technical and organisational perspectives, a
preliminary design review package, comprising System Design
Documents and presentations. The package of System Design
Documents is described in reference III of section 13. Briefly the
include a requirements folder (RQF), a description folder (DEF) and
a design Justification folder (DJF)
6 Responsibilities (including customs and other logistics) When applicable.
7 List of deliverables and due dates (proposed or required by ITER)
Subtask Deliverable Dates
1 Initial Progress Report 2 months from start date
2 Interim Reports Every 3 months thereafter
3 Final Report On completion of period
8 Acceptance Criteria (including rules and criteria)
The selection will be done taking into account the following criteria:
1) Expert(s) CV 70%
2) Price 30%
ITER_D_ 7LMFQG
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9 Specific requirements and conditions
Person(s) to carry out the work described in this document must have proven experience, as
appropriate.
Role description: Technical Programme Expert
� ability to work with partners and host to define optimum/critical needs for ITER
� ability to work with ITER processes to achieve optimum results
� ability to align work priorities with overall project schedule
� excellent technical writing skills
� excellent communication and influencing skills
� excellent attention to detail
� excellent inter-personal skills
� work well under pressure
� ability to work in team environment
� ability to interface with global partners
� appropriate ability to comprehend technical issues and ensure addressed by others
10 Work Monitoring / Meeting Schedule
Meetings and Progress Reports
The work will be managed by means of Progress Meetings and/or formal exchange of
documents transmitted by emails which provide detailed progress. Progress Meetings will be
called by the ITER Organization, to review the progress of the work, the technical problems,
the interfaces and the planning. It is expected that Progress Meeting will be held frequently as
required, generally weekly.
The main purpose of the Progress Meetings is to allow the ITER Organization/Diagnostics
Division and the Contractor Technical Responsible Officers to:
a. Allow early detection and correction of issues that may cause delays;
b. Review the completed and planned activities and assess the progress made;
c. Permit fast and consensual resolution of unexpected problems;
d. Clarify doubts and prevent misinterpretations of the specifications.
In addition to the Progress Meetings, if necessary, the ITER Organization and/or the Contractor
may request additional meetings to address specific issues to be resolved.
It is expected that on occasion the Contractor will be required to make a presentation to Topical
Technical Meetings either by videoconference or in person. If in person, the ITER
Organization will reimburse travelling expenses, if appropriate for off-site meetings
For all Progress Meetings, a document (the Progress Meeting Report) describing tasks done,
results obtained, blocking points and action items must be written by the Contractor. Each
report will be stored in the ITER IDM in order to ensure traceability of the work performed.
ITER_D_ 7LMFQG
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After the first monthly report, every 2 months, the Contractor shall submit to ITER
Organization a Progress Report to be issued five working days before a Progress Meeting so
that the report can be reviewed prior to, and discussed at, that Meeting.
11 Payment schedule / Cost and delivery time breakdown
Quarterly payment, after submission and acceptance of reports to the ITER Organization.
12 Quality Assurance (QA) requirement
The organisation conducting these activities should have an ITER approved QA Program or an ISO 9001 accredited quality system. The general requirements are detailed in ITER document ITER Procurement Quality Requirements (22MFG4) Prior to commencement of the task, a Quality Plan Quality Plan (22MFMW) must be submitted for IO approval giving evidence of the above and describing the organisation for this task; the skill of workers involved in the study; any anticipated sub-contractors; and giving details of who will be the independent checker of the activities. Prior to commencement of any manufacturing, a Manufacturing & Inspection Plan Manufacturing and Inspection Plan (22MDZD) must be approved by ITER who will mark up any planned interventions. Deviations and Non-conformities will follow the procedure detailed in IO document MQP Deviations and Non Conformities (22F53X) Prior to delivery of any manufactured items to the IO Site, a Release Note must be signed MQP Contractors Release Note (22F52F). Documentation developed as the result of this task shall be retained by the performer of the task or the DA organization for a minimum of 5 years and then may be discarded at the direction of the IO. The use of computer software to perform a safety basis task activity such as analysis and/or modelling, etc shall be reviewed and approved by the IO prior to its use, it should fulfil IO document on Quality Assurance for ITER Safety Codes Quality Assurance for ITER Safety Codes (258LKL).
13 References / Terminology and Acronyms
These documents are available upon request:
I. 55.A7,AD,AE,AF,AH,AI,AK flux loops Design Description Document
(ITER_D_4H4F2Z v1.4)
II. 55.A0 Magnetic Diagnostic System Design Description Document
(ITER_D_3UYQGX v4.4)
III. ITER System Design Process (SDP) Working Instruction (4CK4MT v1.0)
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ITER Organization Call for Expertise IO/CFE/12/7186/JTR
Engineering support for ITER Magnetics Diagnostics (Loops and
Saddles)
CURRICULUM VITAE
(max 5 pages)
Family name:
First names:
Date of birth:
Nationality:
Civil status:
Education:
Institution (Date from - Date to)
Degree(s) or Diploma(s) obtained:
Language skills: Indicate competence on a scale of 1 to 5 (1 - excellent; 5 - basic)
Language Reading Speaking Writing
Membership of professional bodies:
Other skills: (e.g. Computer literacy, etc.)
Present position:
Years within the firm:
Key qualifications: (Relevant to the project)
Specific international experience:
Country Date from - Date to
Page 2 of 2
Professional experience (Relevant to the project)
Date from – Date to Location Company & reference person
Position Description
Other relevant information (e.g., Publications)
Engineering support for ITER Magnetics Diagnostics
(Loops and Saddles)
FINANCIAL PROPOSAL
Name of Expert:
NB :
- ON/SITE means the services are to be supplied at the ITER site, Cadarache, France.
- OFF/SITE means the services can be supplied from the contactors home/office site.
- Daily fee rates are calculated on the basis of days actually worked.
- For the purposes hereof, the daily rates are based on eight (8) working hours.
- Daily fee rates must include all expenses that are necessary to deliver the services including travel, accommodation, daily subsistence allowances and any other conceivable expenses.
Following the implementation of cost containment measures within IO, a financial limit for on/site daily rates has been introduced for the supply of technical & professional related services. The financial limit is capped at €500/day, however, although the general rule is that this threshold should not be exceeded, there may be exceptions to this rule under certain special circumstances.
Signature:
Date:
ITER Organization Call for Expertise IO/CFE/12/7186/JTR
Contract Duration Description
Daily rate in € incl
all Costs.
Envisaged
Number of days Total €
On Site Off Site On Site Off Site
18 Months
(330 working days)
Technical
Officer 260 70
TOTAL
STATEMENT OF EXCLUSIVITY AND AVAILABILITY
ITER Organization Call for Expertise IO/CFE/12/7186/JTR
Engineering support for ITER Magnetics Diagnostics (Loops and Saddles)
I, the undersigned, hereby declare that I agree to take part in the above-mentioned Call for
Expertise.
I further declare that I am able and willing to work
o for the period(s) foreseen in the Technical Specification attached to the above
referenced Call for Expertise for the position for which my CV has been proposed and
o within the execution period of the specific contract which is scheduled to run from
May 2012 for 18 Months.
I confirm that I am not engaged in another contract financed by the ITER Organization
whereby I would be in a position for which my services are required during the above periods.
I confirm that will not charge ITER for the same working day under more than one contract.
Furthermore, should this offer be accepted, I am fully aware that if I am not available at the
expected start date of my services for reasons other than ill-health or force majeure, I may be
subject to exclusion from other tender procedures and contracts funded by the ITER
Organization and that the notification of award of specific contract may be rendered null and
void.
Name
Signature
Date
Confidentiality Commitment
ITER Organization Call for Expertise IO/12/CFE/7186/JTR
Engineering support for ITER Magnetics Diagnostics (Loops and Saddles)
I, the undersigned, hereby declare that I agree to undertake the tasks assigned to me under the above mentioned contract. I undertake to perform my duties honestly and fairly. My contribution to the activities in which I will be involved will be objective and will fully respect the principles of fairness and impartiality. I undertake to hold in trust and confidence any ITER Project related information or documents. I undertake to use them only for the purposes of executing the tasks assigned to me and not to disclose them to any third party, including my employer. I will endeavour to avoid any conflict of interest situation, either direct or indirect. Should any such situation arise, I will promptly inform the relevant Responsible Officer. I undertake neither to assist nor be directly involved with any other bids or proposals in association with other external entity’s seeking to obtain contracts under the ITER project. I understand that I will be held personally responsible for maintaining the confidentiality of any documents or electronic files received and for returning, erasing or destroying all confidential documents or files upon completing the tasks, unless otherwise instructed. On conclusion of my assignment I will remain obligated to preserve the confidentiality for a period of 5 years.
Name:
Signature:
Date:
Page 1 of 11
ITER ORGANIZATION SERVICE CONTRACT GENERAL CONDITIONS (version 2009)
ARTICLE II.1 – PERFORMANCE OF THE CONTRACT II.1.1. The Contractor shall perform the Contract to the highest professional standards. The Contractor shall
have sole responsibility for complying with all legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.
II.1.2. The Contractor shall have sole responsibility for taking the necessary steps to obtain any permits, visas,
copyrights or licenses required for performance of the Contract under the laws and regulations in force at the place(s) where the tasks assigned to him are to be executed. In particular, the Contractor is responsible to obtain any export licenses, and such licenses shall be obtained within delivery period and are included in the contract price.
II.1.3. Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract.
II.1.4. The Contractor must ensure that any staff performing the Contract has the professional qualifications
and experience required for the execution of the tasks assigned to him. II.1.5. The Contractor shall neither represent the ITER Organization nor behave in any way that would give
such an impression. The Contractor shall inform third parties that he does not belong to the ITER Organization.
II.1.6. The Contractor shall have sole responsibility for the staff who executes the tasks assigned to him.
The Contractor shall make provision for the following employment or service relationships with his staff:
• staff executing the tasks assigned to the Contractor may not be given orders directly by the ITER Organization;
• the ITER Organization may not under any circumstances be considered to be the staff's employer and the said staff shall undertake not to invoke in respect of the ITER Organization any right arising from the contractual relationship between the ITER Organization and the Contractor.
II.1.7. In the event of disruption resulting from the action of a member of the Contractor's staff working on ITER Organization premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The ITER Organization shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article.
Page 2 of 11
II.1.8. Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to the ITER Organization. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability.
II.1.9. Should the Contractor fail to perform his obligations under the Contract in accordance with the
provisions laid down therein, the ITER Organization may - without prejudice to its right to terminate the Contract - reduce payments in proportion to the scale of the failure
ARTICLE II.1a – REPLACEMENT OF PERSONNEL
II.1a.1 The Contractor shall not make changes to the agreed expert personnel without the prior written
approval of ITER Organization. The Contractor must on its own initiative propose a replacement in the following cases:
a) In the event of death, in the event of illness or in the event of accident of expert personnel. b) If it becomes necessary to replace expert personnel for any other reasons beyond the Contractor’s
control (e.g. resignation, etc.). II.1a.2 Moreover, in the course of performance, and on the basis of a written and justified request, ITER
Organization can ask for a replacement if it considers that the expert personnel are inefficient or does not perform its duties under the Contract.
II.1a.3 Where expert personnel are to be replaced, the replacement must possess at least equivalent
qualifications and experience. Where the Contractor is unable to provide a replacement with equivalent qualifications and/or experience, ITER Organization may either decide to terminate the Contract, if the proper performance of it is jeopardized, or, if it considers that this is not the case, accept the replacement, provided that the rates of the latter are renegotiated to reflect the appropriate qualifications and/or experience.
II.1a.4 Additional costs incurred by the replacement are the responsibility of the Contractor. ITER
Organization makes no payment for the period when the expert to be replaced is absent. The replacement of any expert, whose name is listed in Annex II of the Contract, must be proposed by the Contractor within fifteen (15) calendar days from the first day of the expert’s absence.
ARTICLE II.2 – LIABILITY II.2.1. The ITER Organization shall not be liable for damage sustained by the Contractor in performance of
the Contract except in the event of willful misconduct or gross negligence on the part of the ITER Organization.
II.2.2. The Contractor shall be liable for any loss or damage caused by himself in performance of the
Contract, including in the event of subcontracting under Article II.13. The ITER Organization shall not be liable for any act or default on the part of the Contractor in performance of the Contract.
Page 3 of 11
II.2.3. The Contractor shall provide compensation in the event of any action, claim or proceeding brought against the ITER Organization by a third party as a result of damage caused by the Contractor in performance of the Contract.
II.2.4. In the event of any action brought by a third party against the ITER Organization in connection with
performance of the Contract, the Contractor shall assist the ITER Organization. Expenditure incurred by the Contractor to this end may be borne by the ITER Organization.
II.2.5 The Contractor shall respect and abide by all relevant laws and regulations in force in location where
the services are performed and shall ensure that his personnel, experts and subcontractors’ personnel also respect and abide by all such laws and regulations. The Contractor shall indemnify the ITER Organization against claims and proceedings arising from any infringement by the Contractor, his personnel, experts and subcontractors’ of such laws and regulations.
ARTICLE II.3 - CONFLICT OF INTERESTS
II.3.1. The Contractor shall take all necessary measures to prevent any situation that could compromise the
impartial and objective performance of the Contract. Such conflict of interests could arise in particular as a result of economic interest, political or national affinity, family or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to the ITER Organization in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.
The ITER Organization reserves the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, within a time limit which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to conflict of interests. Without prejudice to Article II.1 the Contractor shall replace, immediately and without compensation from the ITER Organization, any member of his staff exposed to such a situation.
II.3.2. The Contractor declares:
• that he has not made and will not make any offer of any type whatsoever from which an advantage can be derived under the Contract,
• that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to performance of the Contract.
II.3.3. The Contractor shall pass on all the relevant obligations in writing to his staff, board, and directors as
well as to third parties involved in performance of the Contract. A copy of the instructions given and the undertakings made in this respect shall be sent to the ITER Organization should it so request.
ARTICLE II.4 – PAYMENT
At the end of each of the periods indicated in Annex II, the Contractor shall submit to the ITER Organization a formal request for payment accompanied by the following documents:
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� a (technical) report in accordance with the instructions laid down in Annex I; � the relevant invoices indicating the reference number of the Contract to which they refer.
If the report is a condition for payment, on receipt the ITER Organization shall have such a period of time agreed upon the parties in which:
� to approve it, with or without comments or reservations
� to suspend such period and request additional information; or
� to reject it and request a new report.
If the ITER Organization does not react within this period, the report shall be deemed to have been approved. Approval of the report does not imply recognition either of its regularity or of the authenticity, completeness or correctness of the declarations or information enclosed.
Where the ITER Organization requests a new report because the one previously submitted has been rejected, this shall be submitted within two weeks. The new report shall likewise be subject to the above provisions.
ARTICLE II.5 – GENERAL PROVISIONS CONCERNING PAYMENTS
II.5.1. Payments shall be deemed to have been made on the date on which the ITER Organization's account
is debited. II.5.2. The payment periods referred to in Article I.4 may be suspended by the ITER Organization at any time
if it informs the Contractor that his payment request is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. In case of doubt on the eligibility of the expenditure indicated in the payment request, the ITER Organization may suspend the time limit for payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is eligible.
The ITER Organization shall notify the Contractor accordingly by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.
II.5.3. In the event of late payment, excepting the provisions of Article II.5.2 above, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus 1.5 percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the ITER Organization may not be deemed to constitute late payment.
ARTICLE II.6 – RECOVERY II.6.1. If total payments made exceed the amount actually due under the Contract or if recovery is justified in
accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in
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Euro or other currency indicated in the contract on receipt of the debit note, in the manner and within the time limits set by the ITER Organization.
II.6.2. In the event of failure to pay by the deadline specified in the request for reimbursement, the sum due shall bear interest at the rate indicated in Article II.5.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.
II.6.3. The ITER Organization may, after informing the Contractor, recover amounts established as certain,
of a fixed amount and due by offsetting, in cases where the Contractor also has a claim on the ITER Organization that is certain, of a fixed amount and due. The ITER Organization may also claim against a bank guarantee, where provided for by the Contractor.
ARTICLE II.7 – PROPERTY OF THE ITER ORGANIZATION AND PROPERTY OF THE
CONTRACTOR II.7.1 Where for the purpose of the Contract the ITER Organization provides to the Contractor access to
drawings, files, technical data, computer programs, source codes, and any other item of property, the ITER Organization remains the sole owner of any item provided.
II.7.2 These items may only be used by the Contractor for the purposes of the Contract. The distribution,
reproduction or use by a third party without prior written approval by the ITER Organization is strictly forbidden.
II.7.3 All property of the Contractor while at the ITER Organization premises shall be at risk of the
Contractor and the ITER Organization shall accept no liability for any loss or damage to that property or caused by that property except where any such loss or damage was caused only by willful misconduct or gross negligence of any employee of the ITER Organization acting in the course of his employment. The ITER Organization shall accept liability only to the extent to which such loss or damage is so caused or contributed to.
ARTICLE II.8 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY
Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract, shall be owned solely by the ITER Organization, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into. The ownership of background intellectual property will not change unless otherwise agreed by the ITER Organization and the Contractor.
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ARTICLE II.9 – CONFIDENTIALITY
II.9.1. The Contractor undertakes to treat in the strictest confidence and not make use of or divulge to third
parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.
II.9.2. The Contractor shall obtain from each member of his staff, board and directors an undertaking that
they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.
ARTICLE II.10 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION
II.10.1.The Contractor shall authorise the ITER Organization to process, use, distribute and publish, for whatever purpose, by whatever means and on whatever medium, any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports.
II.10.2.Unless otherwise provided by the Special Conditions, the ITER Organization shall not be required to
distribute or publish documents or information supplied in performance of the Contract. If it decides not to publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the ITER Organization.
II.10.3.Any distribution or publication of information relating to the Contract by the Contractor shall require
prior written authorisation from the ITER Organization. It shall state that the opinions expressed are those of the Contractor only and do not represent the ITER Organization's official position.
II.10.4.The use of information obtained by the Contractor in the course of the Contract for purposes other
than its performance shall be forbidden, unless the ITER Organization has specifically given prior written authorisation to the contrary.
ARTICLE II. 11 – TAXATION II.11.1.The Contractor shall have sole responsibility for compliance with the tax laws which apply to him.
Failure to comply shall make the relevant invoices invalid. II.11.2.The Contractor recognises that the ITER Organization is, as a rule, exempt from all taxes and duties,
including value added tax (VAT). II.11.3.The Contractor shall accordingly complete the necessary formalities with the relevant authorities to
ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT. This applies in particular to VAT invoiced in France.
II.11.4 Only if the direct exemption of taxes and duties at the source is legally not possible, the Contractor
shall invoice them.
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II.11.5.In cases of Article II.11.4 above, invoices presented by the Contractor shall indicate his place of taxation for VAT purposes and shall specify separately the amounts not including VAT and the amounts including VAT.
ARTICLE II.12 – FORCE MAJEURE II.12.1.Force majeure shall mean any unforeseeable and exceptional situation or event beyond the control of
the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.
II.12.2.Without prejudice to the provisions of Article II.1.8, if either contracting party is faced with force
majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.
II.12.3.Neither contracting party shall be held in breach of its contractual obligations if it has been prevented
from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.
II.12.4.The contracting parties shall take the necessary measures to reduce damage to a minimum. ARTICLE II.13 – SUBCONTRACTING II.13.1.The Contractor shall not subcontract without prior written authorisation from the ITER Organization
nor cause the Contract to be performed in fact by third parties. II.13.2.Even where the ITER Organization authorises the Contractor to subcontract to third parties, he shall
none the less remain bound by his obligations to the ITER Organization under the Contract and shall bear exclusive liability for proper performance of the Contract.
II.13.3.The Contractor shall make sure that the subcontract does not affect rights and guarantees to which the
ITER Organization is entitled by virtue of the Contract. ARTICLE II.14 – ASSIGNMENT II.14.1.The Contractor shall not assign the rights and obligations arising from the Contract, in whole or in
part, without prior written authorization from the ITER Organization. II.14.2.In the absence of the authorization referred to in 1 above, or in the event of failure to observe the
terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the ITER Organization.
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ARTICLE II.15 – TERMINATION BY THE ITER ORGANIZATION
II.15.1.The ITER Organization may terminate the Contract in the following circumstances:
(a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) where the Contractor has been convicted of an offence concerning his professional conduct by a
judgment which has the force of res judicata; (c) where the Contractor has been guilty of grave professional misconduct proven by any means which the
ITER Organization can justify; (d) where the Contractor has not fulfilled obligations relating to the payment of social security
contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;
(e) where the ITER Organization seriously suspects the Contractor of fraud, corruption, involvement in a
criminal organisation or any other illegal activity detrimental to the ITER Organization’s financial interest;
(f) where the Contractor is in breach of his obligations under Article II.3; (g) where the Contractor was guilty of misrepresentation in supplying the information required by the
ITER Organization as a condition of participation in the Contract procedure or failed to supply this information;
(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the
ITER Organization’s opinion, have a significant effect on the performance of the Contract; (i) where the Contractor is unable, through his own fault, to obtain any permit or licence required for
performance of the Contract; (j) where the Contractor fails to fulfil its contractual obligations, after receiving formal notice in writing to
comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations.
II.15.2.In case of force majeure, notified in accordance with Article II.12, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.
II.15.3.Prior to termination under point c), e), f), g), h) or i), the Contractor shall be given the opportunity to
submit his observations in writing and communication with ITER Organization..
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Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.
II.15.4.Consequences of termination:
In the event of the ITER Organization terminating the Contract in accordance with this Article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Contract for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date.
The ITER Organization may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.
On termination the ITER Organization may engage any other contractor to complete the services. The ITER Organization shall be entitled to claim from the Contractor extra costs incurred in making good and completing the services, without prejudice to any other rights or guarantees it has under the Contract.
ARTICLE II.16 – TERMINATION BY NOTICE
The ITER Organization may, of its own volition and without being required to pay compensation, terminate the Contract by serving a 15 days formal prior notice. Should the ITER Organization terminate the Contract, the Contractor shall only be entitled to payment corresponding to the services delivered and objectively justified irrevocable commitments entered into before the termination date.. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up technical and financial reports for services rendered and irrevocable commitments up to the date on which termination takes effect, within a period not exceeding sixty days from that date.
ARTICLE II.17 – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD ATTRIBUTABLE TO THE CONTRACTOR
Where, after the award of the Contract, the award procedure or the performance of the Contract prove to have been subject to substantial errors, irregularities or fraud, and where such errors, irregularities or fraud are attributable to the Contractor, the ITER Organization may refuse to make payments, may recover amounts already paid or may terminate all the contracts concluded with the Contractor, in proportion to the seriousness of the errors, irregularities of fraud.
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ARTICLE II.18 – JOINT AND SEVERAL LIABILITY IN CASE OF JOINT VENTURES/
CONSORTIA ETC.)
When the Contractor is a joint venture or consortium, all partners of such an undertaking agree hereby to ITER Organization that they shall exercise and will continue to exercise, in the performance of the Services and their other duties, obligations and liabilities pursuant to this Contract, all such reasonable skill, care and diligence as may be expected of a properly qualified and competent company experienced in carrying out work of a similar size, scope and complexity to the services, and the other duties, obligations and liabilities of the Contractor pursuant to this Contract in respect of the Services, and shall be jointly and severally liable to ITER Organization for any failure.
ARTICLE II.19 – INSURANCES
The Contractor shall take out insurance against risks and damage relating to performance of the Contract as required in the Contract and those required by the relevant applicable legislation. He shall also take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to ITER Organization should it so request.
ARTICLE II.20 – LIQUIDATED DAMAGES
Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the ITER Organization's right to terminate the Contract, the ITER Organization may decide to impose liquidated damages of a percentage of the amount specified in Article I.3.1 per calendar day of delay. This percentage will be specified in the Special Conditions. If the percentage is not specified then this article does not apply unless otherwise agreed by the parties.
The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the ITER Organization within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. The ITER Organization and the Contractor expressly acknowledge and agree that any sums payable under this Article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations.
ARTICLE II.21 – AMENDMENTS
Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties. An oral agreement shall not be binding on the contracting parties.
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ARTICLE II.22 – SUSPENSION OF THE CONTRACT Without prejudice to the ITER Organization's right to terminate the Contract, the ITER Organization may at any time and for any reason suspend execution of the tasks under the Contract or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent, or at a later date where the notification so provides. The ITER Organization may within sixty (60) calendar days following suspension give notice to the Contractor to resume the work suspended or terminate the Contract following Article II.16 procedure. If the suspension under this Article II.22 is cancelled or the period of the notification or any extension thereof expires, the Contractor shall resume work. The ITER Organization will make an equitable adjustment in the delivery schedule or contract price, or both, and the Contract shall be modified, in writing, accordingly if 1) the suspension results in an increase in the time required for, or in the Contractor’s cost properly allocable to the performance of any part of the Contract; and 2) the Contractor asserts its right to the adjustment within thirty (30) days after receiving it.
ARTICLE II.23 – GOVERNING LAW AND SETTLEMENT OF DISPUTES
II.23.1 The ITER Organization is governed by the international agreement (“ITER Agreement”) and its annexes establishing the ITER Organization. The applicable law for contract interpretation is French law.
II.23.2 In the event of any dispute arising out of or in connection with the present Contract, the Parties agree
to submit the matter to settlement proceedings under the International Chamber of Commerce in Paris dispute settlement mediation ADR Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for ADR or within such other period as the Parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce in Paris by one or more arbitrators appointed in accordance with the said Rules of Arbitration.
II.23.3 The arbitration proceedings in English shall take place in Paris, unless otherwise agreed by the parties.
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