Call for Expertise: エキスパート募集 IO References: IO/14/CFE/11235

Call for Expertise: エキスパート募集
IO References: IO/14/CFE/11235/JTR
Engineering support in IC H&CD system on Development
of IC-PSC prototype & Fast controller Phase 2
(IC-PSC プロトタイプ/高速制御装置フェーズ 2 の開発における IC H&CD 系への技術支援)
IO 締め切り 2014 年 12 月 18 日（木）16 時現地時間、
(日本時間 2014 年 12 月 18 日（木） 24 時、応募書類は ITER 機構へ直接提出のこと）
概要：
イーター機構（IO）では、IC-PSC プロトタイプ/高速制御装置フェーズ 2 の開発における IC H&CD
系の技術支援を頂く専門家を ITER 参加極の企業・機関等から募集します。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。
○ 今回の募集に関する書類は以下の通りです。
・招待状
・技術仕様書
・履歴書（CV）テンプレート
・見積もり提案書テンプレート
・誓約書
・守秘義務に関する誓約書(契約締結時に署名されること)
・ITER 機構業務契約一般条件
○ 応募者は、以下の申込用紙を ITER 機構に直接送付願います。
・履歴書（ITER 機構の招待状と技術仕様書で規定した要件と基準を満足していることを示す経験に
ついて明記されていること）
・誓約書（署名入り）
・見積もり提案書
（※提出書類は pdf ファイル 1 本にまとめて送付願います。
）
○ 応募書類の提出先
ITER 機構の下記担当者宛に電子メールにて送付：
[email protected]
連絡先：John TAYLOR, Procurement Core Tokamak, Controls and Site Section
電話：+33 (0)4 42 17 61 52
○ 背景と目的
イオンサイクロトロン加熱電流駆動（
（IC H&CD）は加熱電流駆動システム（H&CD）の一種で、
40 MHz ～55 MHz の周波数帯で ITER プラズマに無線周波数（RF）の加熱電流駆動（H&CD）を供
給します。プラズマ中に、システムから合計 20MW の RF 電力が供給されなくてはなりません。ITER
ICH&CD システムは、ポートプラグ内の２本のアンテナ（高周波入射システム）
、マッチングシステ
ム、伝送線、RF 電源、HVPS（高電圧電源）、プラント制御システムとテスト設備（２RF ダミー負荷、
ポートプラグテスト設備）から構成されます。
HVPS、RF 源、TL&MS とアンテナサブシステム群は、ローカルの制御装置に帰属し、当該システ
ムの担当国内機関が別途調達を請け負うことになっています。
IC-PSC（IC H&CD のプラントシステム制御装置）は、全ローカル制御装置群を統括的に制御/同期
させる役割を担っています。
IC H&CD 制御システムの機能アーキテクチャスキームは、ローカル/サブシステム制御ユニットを
制御する IC-PSC と呼ばれる主制御システムからなります。主制御システムは CODAC とプラズマ制
御システム間の機能/オペレーションに関わるインターフェース(やり取り)の役目をします。それに対
してローカル制御ユニットは、個々のサブシステム（HVPS、ソース、TL＆MS、アンテナ）の制御
を担当します。
IC-PSC の調達は ITER 機構が単独で担っており、今年 1 月に完了した予備設計では機能/ハードウェ
アのアーキテクチャを定義しました。本契約では、予備設計から最終的な設計段階に移行させるため
専門家に支援をお願いします。特に以下の領域の専門分野における支援が必要になります。
・CODAC との連携を前提とした IC-PSC プロトタイプフェーズ２の開発とテスト。
・IC プラントシステム制御（高速/低速の両制御プログラム）開発に向けた契約文書の作成。
高速/低速制御ソフトウェアは定義されてはいるが、ドラフト版が完全ではなく、CODAC を使って
の検証試験は一部分でのみ終わっているにすぎません。
・国内機関が独自に進める I&C 開発を支援して、CODAC 基準と IC-PSC とのインターフェース
の確認。
（※詳しくは、英語版技術仕様書「Engineering support in IC H&CD system on Development of
IC-PSC prototype & Fast controller Phase 2」をご覧ください。）
○ 作業概要
専門家には、報告書の形式で以下に明記した成果物を提出して頂きます。ITER 機構(IO)は報告書
をレビューし、必要に応じて報告書の修正を依頼します。専門家は IO の承認が得られるまで適宜修正
を入れて更新版報告書の提出が求められます。これ以外にも、月報＋出勤簿の提出が義務付けされて
います。
【成果物１：CODAC と連携した IC-PSC プロトタイプの開発とテスト】
・IC-PSC プロトタイプの高速制御装置の部分の開発。エキスパートのソフトウェア開発と PXIe
フォーム係数に関する専門性が必要。
・IC H&CD の多様なモードに即した状態機械の開発。それ以外の運転モードに移行するなどの
主要機能。
・低速制御装置とのインターフェースの実装とシグナル/ステータスの報告。
・プロトタイプに対する技術報告書の提出。
【成果物２：IC プラントシステム制御装置の技術仕様書（性能、運転、構成要件）
】
本成果物の提出に対しては、専門家は稼働中の高速保護、高速フィードバックループ、RF 源に向
かって通過する設定点と稼働中の PCS との交信に言及した IC H&CD 要件を再構築します。さらにす
べてのインターフェース機能の定義付けを、国内機関と協力して作成します。
・IC H&CD I&C 高速/低速制御装置の仕様書を編纂する。
・IC-PSC のリアルタイム高速フィードバック制御仕様書の最終化。
・コンフィグレーション、オペレーション、制御仕様書の編纂。
○ 具体的な要件と条件
ITER 機構（IO）の IC&LH セクションの担当オフィサーの指示に従って業務を遂行します。専門
家は、契約期間中は IO の業務に専任して頂きます。
専門家は、以下に示す経験と資格があることが前提となります。
・制御系、計装制御系の学位を有すること。
・技術的な I&C 設計における実務経験が少なくとも 5 年以上あること。
・制御システム設計、開発と実装の実務経験があること。
・高速データ取得とリアルタイム制御の実務経験があること。
・Linux OS; C/C++, FPGA & PLC プログラミングの実務経験があること。
・大規模な実験装置の試運転/運転の経験があればなお好ましい。
最高年 5 回の業務出張が予定されます（出張旅費は IO が払戻し）。
○ 契約期間と作業場所
期間：契約締結から 2 年間
オンサイト
オンサイトでの作業場所：ITER 機構、サン・ポール・レ・デュランス、フランス
【※ 詳しくは添付の英語版技術仕様書「Engineering support in IC H&CD system on Development
of IC-PSC prototype & Fast controller Phase 2 」をご参照ください。
】
ITER 機構のウェブサイト
http://www.iter.org/org/team/adm/proc/overview
からもアクセスが可能です。
IDM UID
Q5U84D
VERSION CREATED ON / VERSION / STATUS
05 Nov 2014 / 1.0 / Approved
EXTERNAL REFERENCE
Technical Specifications (In-Cash Procurement)
Engineering support in IC H&CD system on Development
of IC-PSC prototype & Fast controller Phase 2
The contract scope is to provide expert support to carry design from preliminary design to
final design phase. This requires expertise support on following subjects: Development & test
of IC-PSC prototype phase 2 in collaboration with CODAC Preparation of contract for the
development of IC Plant System Controller fast controller and slow controller programs. It
should be noticed that Fast and Slow controller softwares are defined but not fully drafted.
They are partly drafted and loaded on CODAC test facility for validation. Support to DAs for
their own I&C development in order to check the implementation of CODAC standards and
interface with IC-PSC
Signatory
Co-signatories
Reviewers
Approver
Read Access
Name
Kazarian F.
Approval Process
Action
07 Nov 2014:signed
Affiliation
IO/DG/DIP/CHD/HCD/ICH
Beaumont B.
Boilson D.
07 Nov 2014:recommended
IO/DG/DIP/CHD/HCD/ICH
07 Nov 2014:approved
IO/DG/DIP/CHD/HCD
Document Security: Internal Use
RO: Etienne Francois-Xavier
RO, project administrator, LG: Procurement & Contracts Division, Ext CHD, AD: IO_Director-General,
AD: Directorate - CODAC - Heating - Diagnostics, AD: Auditors
PDF generated on 07 Nov 2014
DISCLAIMER : UNCONTROLLED WHEN PRINTED – PLEASE CHECK THE STATUS OF THE DOCUMENT IN IDM
ITER_D_Q5U84D
Engineering support in IC H&CD system on
Development of IC-PSC prototype & Fast
controller Phase 2
Contract Technical Specifications
Page 1 of 10
ITER_D_Q5U84D
Table of Contents
1
BACKGROUND AND OBJECTIVES .............................................................................3
2
SCOPE OF WORK.............................................................................................................5
2.1 DEVELOPMENT & TEST OF IC-PSC PROTOTYPE IN COLLABORATION WITH CODAC .........6
2.2 IC PLANT SYSTEM CONTROLLER - FAST CONTROLLER PERFORMANCE, OPERATION,
CONFIGURATION SPECIFICATION................................................................................................6
3
ESTIMATED DURATION................................................................................................6
4
DESCRIPTION OF THE WORK.....................................................................................6
4.1 DELIVERABLE-1: DEVELOPMENT & TEST OF IC-PSC PROTOTYPE IN COLLABORATION
WITH CODAC............................................................................................................................6
4.2 DELIVERABLE-2: IC PLANT SYSTEM CONTROLLER FAST CONTROLLER PERFORMANCE,
OPERATION, CONFIGURATION REQUIREMENTS ..........................................................................7
5
RESPONSIBILITIES (INCLUDING CUSTOMS AND OTHER LOGISTICS) .........7
5.1 RESPONSIBILITY OF ITER ..................................................................................................7
5.2 RESPONSIBILITY OF THE CONTRACTOR ...............................................................................7
6
LIST OF DELIVERABLES AND DUE DATES (PROPOSED OR REQUIRED BY
ITER) ...........................................................................................................................................8
7
ACCEPTANCE CRITERIA (INCLUDING RULES AND CRITERIA)......................8
8
SPECIFIC REQUIREMENTS AND CONDITIONS......................................................8
9
WORK MONITORING / MEETING SCHEDULE .......................................................8
10
PAYMENT SCHEDULE / COST AND DELIVERY TIME BREAKDOWN..............9
11
QUALITY ASSURANCE (QA) REQUIREMENT .........................................................9
12
REFERENCES / TERMINOLOGY AND ACRONYMS ...............................................9
Page 2 of 10
ITER_D_Q5U84D
1
Background and Objectives
IC H&CD is one of Heating and Currents Drive (H&CD) systems foreseen in ITER. The IC
H&CD shall provide radio-frequency (RF) heating and current drive to the ITER plasmas in
the frequency range [40 MHz to 55 MHz]. A total of 20 MW of RF power in plasma is initially
required from the system. The ITER IC H&CD system is composed of two antennas in port
plugs, matching systems, transmission lines, RF power sources (09), HVPS (High Voltage
Power Supply) (18), plant control system (IC-PSC) and test facilities (2 RF dummy loads, port
plug test facilities).
Figure 1: IC H&CD system
HVPS, RS sources, TL & MS and antenna subsystems shall be procured by different
procurement arrangements with different domestic agencies. HVPS, RS sources, TL & MS and
antenna shall have dedicated local controllers.
IC-PSC, the plant system controller of IC H&CD shall control & synchronize all local
controllers.
The functional architecture scheme of the IC H&CD control system consists of a Main
Controller (IC-PSC) controlling local/subsystem Control Units. The Main Controller provides
the functional/operational interface with CODAC and the Plasma Control System, while the
local Control Units controls individual subsystems (HVPSs, RF Sources, TL & MS and
antenna) as illustrated in Figure 2.
Page 3 of 10
ITER_D_Q5U84D
Figure 2: IC H&CD I&C Functional Architecture showing Control Hierarchy
ITER I&C systems shall use CODAC infrastructure & CODAC standards defined in
PCDH. The PCDH document defines standards for all ITER plant system instrumentation and
control (I&C). Main CODAC standards are briefed below. The expert shall have access to
these documents especially CODAC PCDH & relevant documents.
The CODAC Core System is a software package that is distributed by the ITER
CODAC Section for the development of the plant system I&C. It includes the software for
Mini-CODAC and PSH and it provides the plant system I&C developers with the environment
required to develop and test the software in a way that complies with the ITER requirements.
The software is based on EPICS. The software of PSH and fast controllers is based on
the EPICS framework and utilities. The Mini-CODAC software is based on EPICS tools,
developed within the EPICS community and extended by ITER.
ITER Organization has selected PCI Express as the base I/O bus technology for use in
ITER Instrumentation and Control System fast controllers. The main recommended items of
the ITER Instrumentation and Control System fast controller catalogue are the PXI, Compact
PCI and PXI Express I/O boards. A PXI Express chassis is used to carry the I/O boards. PXI
Express I/O chassis is separate from the CPU chassis which will be a standard industrial
computer.
ITER Organization has selected Siemens S7 PLC technology for use in ITER
Instrumentation and Control System as slow controllers.
Page 4 of 10
ITER_D_Q5U84D
Figure 3: ITER Plant System I&C Physical Architecture (courtesy: ITER CODAC)
IC-PSC, the main controller of IC H&CD shall be procured by IO. IC-PSC has
preliminary design done in January 2014, which defined functional and hardware architecture.
It reflected as well the work done within the frame of the first external expert contract in the
development if the IC-PSC.
The contract scope is to provide expert support to carry design from preliminary design
to final design phase. This requires expertise support on following subjects:



2
Development & test of IC-PSC prototype phase 2 in collaboration with CODAC
Preparation of contract for the development of IC Plant System Controller fast
controller and slow controller programs. It should be noticed that Fast and Slow
controller softwares are defined but not fully drafted. They are partly drafted and loaded
on CODAC test facility for validation.
Support to DAs for their own I&C development in order to check the implementation of
CODAC standards and interface with IC-PSC
Scope of Work
The scope of this contract includes the supply of specialised engineering services to
perform the following activities:
The expert shall work in collaboration with IC H&CD team and CODAC support
engineer The expert needs to work independent to provide the deliverables.
Page 5 of 10
ITER_D_Q5U84D
2.1
Development & test of IC-PSC prototype in collaboration with
CODAC
IC H&CD is carrying out IC-PSC prototype with ITER CODAC help. The purpose of
this prototype is to check & implement the functional architecture to hardware & software. It
has been first developed during a first contract, but need further development in order to fully
implement all IC-PSC interfaces and test the new tools developed by CODAC.
So, for IC-PSC prototype the expert needs to use CODAC core system tools & IC
H&CD fast controller functional requirements. IO provide prototype functional specification.
This prototype needs programming of FPGA card and Siemens PLC. Core system uses
EPICS as middleware for fast controller & slow controller input/output process variable access.
The EPICS IOC shall be running on Red Hat Linux OS platform.
This provides essential experience of CODAC core system and its subsequent
evolutions
2.2
IC Plant System Controller - fast controller Performance,
Operation, Configuration specification.
IC H&CD I&C requirements like configuration of IC H&CD system controller as per
operation mode transition, changing threshold value for interlock & alarms to get sufficient &
necessary fast protections & fast feedback functions shall be used for specifying the fast
controller performance and operation specification.
RF Systems are somewhat different from conventional system for data acquisition &
feedback control aspects. It requires some additional knowledge on the system designs.
Knowledge on the digital signal processing is an added advantage for RF system designs.
3
Estimated Duration
The contract will have an initial firm period of 12 months (220 working days). There shall be
option to extend the contract for one further period of 12 months.
4
Work description
The expert shall provide the deliverables in the form of reports. IO shall review the reports.
The expert shall perform all the necessary modifications or iterations to the reports and submit
a revised version.
4.1
Deliverable-1: Development & test of IC-PSC prototype in
collaboration with CODAC

Further develop fast controller part of IC-PSC prototype. Essentially providing software
development part & his/her expertise on the PXIe form factors. Programming FPGA
cards
Page 6 of 10
ITER_D_Q5U84D



4.2
Further develop state machine for different modes of IC H&CD. Other major functions
like to operation mode transition within IC H&CD.
Implement required interface with slow controller and signal & status reporting.
Provide technical report on the prototype
Deliverable-2: IC Plant System Controller Technical specification
(Performance, Operation, Configuration Requirements)
For this deliverable the expert recollect the IC H&CD I&C requirements coming from fast
protections, fast feedback loop and set point passing to the RF Source and communication with
PCS during the operation. It shall as well finalize with DA the definition of all interfacing
functions:



Recompile specifications of IC H&CD I&C fast and slow controllers
Finalize real time fast feedback control specifications of IC-PSC.
Compile configuration, operation, control specifications
5
Responsibilities (including customs and other logistics)
5.1
Responsibility of ITER
ITER has the responsibility of providing detailed technical specifications when required during
the execution of the work described as deliverables.
ITER has the responsibility of timely communicating to the contractor any change in
requirements, specifications, planning and budget that might affect the contract development.
Access will be granted to IDM folders to perform the tasks.
5.2
Responsibility of the contractor
The contractor has the responsibility of regularly submitting to ITER the progress of the
contract, for ITER approval as per deliverables.
6
List of deliverables and due dates (proposed or
required by ITER)
The deliverables are made of monthly reports describing both calendar of worked days and
actions carried out during the month.
7
Acceptance Criteria (including rules and criteria)
This criteria shall be the basis of acceptance by IO following the successful completion of the
services.
These will be in the form of progress reports in accordance with section 6 (monthly reports) of
the technical specification.
Page 7 of 10
ITER_D_Q5U84D
Report and Document Review criteria:
Reports as deliverables shall be stored in the ITER Organization’s document management
system, IDM by the Contractor for acceptance.
A named ITER Organization’s Contract Technical Responsible Officer is the Approver of the
delivered documents.
The Approver can name one or more Reviewers(s) in the area of the report’s expertise.
The Reviewer(s) can ask modifications to the report in which case the Contractor must submit
a new version.
The acceptance of the document by the Approver is the acceptance criterion.
8
Specific requirements and conditions
The activities shall be driven by the IO responsible officer in the IC & LH section. The
contractor’s staff will work exclusively at the IO site for the duration of the contract.
–
–
–
–
–
–
At least Bachelor degree in the control and instrumentation area.
At least 5 years’ relevant experience in technical I&C design;
Experience in control system design, development and implementation;
Experience in fast data acquisition and real time control
Experience in Linux OS; C/C++, FPGA & PLC programming
Experience in large experimental device commissioning and operation would be an
advantage.
Up to five missions per years are planned which will be reimbursed under ITER Organization
conditions.
9
Work Monitoring / Meeting Schedule
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 requirements, the interfaces and the planning.
The main purpose of the Progress Meetings is to allow the ITER Organization/IC&LH Section
and the Contractor Technical Responsible Officer 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.
For all Progress Meetings, a document describing tasks done, results obtained, blocking points
shall be written by the engineer.
Page 8 of 10
ITER_D_Q5U84D
All reports will be stored in the ITER IDM in order to ensure traceability of the work
performed.
10
Payment schedule / Cost and delivery time breakdown
Interim monthly payments.
11
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_D_22MFG4 - ITER Procurement Quality Requirements.
Prior to commencement of the task, a Quality Plan ITER_D_22MFMW - Procurement
Requirements for Producing a Quality Plan 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 ITER_D_22MDZD - Requirements
for Preparing and Implementing a Manufacturing and Inspection Plan must be approved by
ITER who will mark up any planned interventions.
Deviations and Non-conformities will follow the procedure detailed in IO document
ITER_D_22F53X - Contractors Deviations & Non-conformities Procedure.
Prior to delivery of any manufactured items to the IO Site, a Release Note must be
signed ITER_D_22F52F - ITER Requirements Regarding Contractors Release Note.
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 ITER_D_258LKL Quality Assurance for ITER Safety Codes Procedure.
12
References / Terminology and Acronyms
AVN
CIN
CODAC
DAN
EPICS
FPGA
HPN
Audio-Video Network
Central Interlock Network
COntrol, Data Access and Communication
Data Archive Network
Experimental Physics and Industrial Control System
Field Programmable Gate Array
High Performance Networks
Page 9 of 10
ITER_D_Q5U84D
HVPS
I&C
IC H&CD
IC-PSC
IDM
IO
I/O
IOC
ITER
LCU
PCDH
PCI
PCS
PLC
PON
PSH
PXIe
RF
SDN
TCN
TL & MS
TRO
High Voltage Power Supply
Instrumentation and Control
Ion Cyclotron Heating & Current Drive
IC H&CD Plant System Controller
ITER Document Management
ITER Organization
Input / Output
Input / Output Controller
International Thermonuclear Experimental Reactor
Local Control Unit
Plant Control Design Handbook
Peripheral Component Interconnect
Plasma Control System
Programmable Logic Controller
Plant Operation Network
Plant System Host
PCI Express Extensions for Instrumentation
Radio Frequency
Synchronous Databus Network
Time Communication Network
Transmission Line & Matching System
Technical Responsible Officer
Page 10 of 10
Engineering support in IC H&CD system on Development of IC-PSC
prototype & Fast controller Phase 2
ITER Organization Call for Expertise IO/14/CFE/11235/JTR
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
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 1 of 2
Writing
Engineering support in IC H&CD system on Development of IC-PSC prototype & Fast controller Phase 2
Professional experience (Relevant to the project)
Date from – Date to
Location
Company &
reference person
Position
Description
Other relevant information (e.g., Publications)
Page 2 of 2
Engineering support in IC H&CD system on Development of IC-PSC
prototype & Fast controller Phase 2
ITER Organization Call for Expertise IO/14/CFE/11235/JTR
FINANCIAL PROPOSAL
Name of Expert:
Est Contract Duration
2 years
Daily rate in € incl
all Costs.
Description
On Site Off Site
Envisaged
Number of days
On Site Off Site
Year 1 - Firm
Engineer
220
Year 2 - Option
Engineer
220
TOTAL
Total €
440
NB:
-
ON/SITE means the services are to be supplied at the ITER site, Cadarache, France.
-
It is envisaged that the services will be supplied 100% at IO site.
-
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.
Signature:
Date:
STATEMENT OF EXCLUSIVITY AND AVAILABILITY
ITER Organization Call for Expertise IO/14/CFE/11235/JTR
Engineering support in IC H&CD system on Development of IC-PSC
prototype & Fast controller Phase 2
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
January 2015 for 1 (One) year with an option for one further year.
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/14/CFE/11235/JTR
Engineering support in IC H&CD system on Development of IC-PSC prototype
& Fast controller Phase 2
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:
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.
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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 2 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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