ILO Meeting # 26 Specific Points raised by ILOs

1. ILO Meeting #26 Specific Points raised by ILOs 29th September 2014 – San Sebastian

2. Questions from ILO Czech Republic Question: What force has had initially agreed procurement sharing of ITER supplies (ITER procurement sharing, see enclosure), which items have already been changed and/or what changes could possibly be expected in the period 2014-2015? F4E answer and comments: a discussion on the subject is held during the meeting. Subject: ITER Procurement sharing F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

3. Questions from ILO Czech Republic Question: which DA is responsible for Radiation Monitoring System, and when is RMS expected to be tendered? F4E answer and comments: F4E is responsible for the majority of REMS (Radiological and Environmental Monitoring System). First specific contracts have already been signed from the preliminary design Framework contract (OMF-298): development of the system architecture, and waste management cost assessment. Subject: ITER Radiation monitoring system F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

4. Questions from ILO Denmark Question: Why was the Open procedure OPE-299 replaced by another Open procedure (OPE-552), but not by a Negotiated procedure with the initial candidates (and eventually additional candidates)? This is clearly a case of very few potential bidders of a very high tech component , which is not suited for Open procedure. F4E answer and comments: Following the cancellation, a new market survey showed that companies whose core business is the manufacturing of similar gyrotron magnet were able to bid to the planned OPE-552 (re-launch). By balancing the schedule and other F4E’s constraints with the other topics, Open procedure was considered appropriate. Subject: OPE-552 gyrotron magnets F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

5. Questions from ILO France Question: When will TI & TA MFR calls launched? Industries planned resources in July and August but nothing happened. F4E answer and comments: The CFT [OPE-559] was just launched. Question: Could F4E update on its Portal the “F4E Upcoming Tenders table” on a quarterly basis (by using info given at ILO meeting) and add a few lines on technical scope and required competences? Also, could F4E update “Time of call” dates while amending its Work Programme? (“Time of call” is not updated in Amendments which disqualifies the document) F4E answer and comments: ILOs may consider that the information given in the Work Program is aimed at informing Governance. For ILOs, the Upcoming tenders table is more reliable. The possibility to prepare short descriptions for main procurements will be discussed. Subject: PF Impregnation and Additional Tooling + forthcoming CFTs F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

6. Questions from ILO Germany Question: Could ILOs have a presentation on the heating systems similar to that one on diagnostics we had during last ILO meeting? F4E answer and comments: The request will be transmitted for ILO meeting 27. The Project team Manager of Heating and EC Power participates to the SOFT parallel industrial session. Subject: ITER Heating systems F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

7. Questions from ILO Germany Question: Available information about forthcoming CFTs is not up to date. We need reliable information for the next 3-6 months. F4E answer and comments: Jean-Marc Filhol will present the forthcoming CFTS during the SOFT parallel industrial session. An update Excel sheet is provided to the ILOS. Question: Action from 25th ILO meeting requests to make again available the values of the awarded contracts. F4E answer was “we will re-discuss it”” . F4E answer and comments: F4E is willing to make this information available. A discussion is held during the meeting. Subject: Forthcoming CFTs and value of awarded contracts F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

8. Questions from ILO Spain Question: Could we have a discussion about the implementation of the conclusions of the WGs (model contracts & standard procedures, competitive dialogue, industrial policy, and procurement strategy). Although there has been important progress in many issues as the industrial policy, there are also many pending points, for instance the implementation of some of the competitive dialogue conclusions; in this sense, just to mention the summary document accepted by both parties at the end of the dialogue or the two stage approach (first, the evaluation of the technical bids and second, the invitation only to those bidders which meet the minimum requirements). I´d like to highlight that the 2 phases approach has been implemented by many international organizations as best practices; you have here some examples of this in IO, Korean DA and Indian DA. In a moment in which F4E is going to launch important competitive dialogues (in RH for instance) or other important negotiated procedures (TB13, PF coils manufacturing…) it´s important to implement these best practices in order to guarantee a competitive number of firms in the procurement process. In my opinion, many companies are frustrated after their participation in these so demanding procurement processes and if F4E doesn’t implement the WG recommendations, you´ll not have a competitive number of tenders in many complex procurement processes in a near future. F4E answer and comments: A discussion is held during the meeting. Subject: F4E-ILOs Working Groups (WGs) F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

9. Questions from ILO Spain Question: Awarded companies are disappointed with the implementation of this kind of contracts, since they have to keep resources waiting for the tasks orders during years and in many cases the final scope of the FWC is much more less than foreseen initially. It should be possible to guarantee a minimum ceiling or at least to provide awarded companies with a yearly provision of foreseen tasks orders. F4E answer and comments: a discussion is held during the meeting. Subject: Framework contracts F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

10. Questions from ILO Spain Question: It is important to inform interested companies about delays in procurement processes. There are cases in which companies are rejecting other opportunities in view of imminent CFT issues from your side that are being delayed at the end.Just to mention what has recently happened with PF coils, TB13. F4E answer and comments: F4E intends to transmit any available information in the interest of potential bidders. Subject: Delay in procurement process F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

11. Questions from ILO Spain Question: FPAs are many time interesting for very specialized SMEs and in this sense,it is important to guarantee competition. There are some recently examples in which F4E strategy is limiting the participation to only one consortium (see FPA-611), losing the opportunity of having on board competitive SMEs, since F4E is not offering the possibility of Lots for the different many complex tasks included. In addition, in this case, it is requested a simulation assessment with previous data. But access to those data is not guaranteed although many of those previous results have been partially funded with public money through Euratom or other F4E grants. F4E answer and comments: The possibility of dividing the broad scope of FPA-611 in Actions (the equivalent of Lots for Framework Contracts) has always been considered as an option for the Call for Proposal. Based on this comment also collected during the Info Day, F4E has re-assessed this option as being now the most likely to be implemented for the Call for Proposal. However, a final decision will be taken only at the time of tendering. The tendering requirements (both for selection and award criteria) are specified only in the Call for Proposal and have not been discussed during the Info Day. The use of existing data for validation of tools developed within FPA-611 was mentioned as part of examples of possible activities, but will not be considered for the awarding procedure because, as correctly mentioned, it would provide an unfair advantage. Subject: Framework Partnership Agreements F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

12. Questions from ILO Spain Question: Is it possible to have an update about the realistic schedule exercise and about the ITER Organization Assembly strategy evolution? F4E answer and comments: No more information is available for the moment. A meeting will be held in Cadarache in November 2014. Subject: Follow-up previous meetings: schedule & strategy F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

13. Questions from ILO Switzerland Question: What is the current status for the market survey on Diagnostics Remote Handling Connector (FPA-328) F4E answer and comments: Market survey was closed in February 14. Contact was made with an entity willing to participate under current scheme of FPA-328 (preferred option). Question: What is the current status for grant Thomson Scattering Diagnostics? When do you expect to launch the new tender? F4E answer and comments: A CFT will be launched for a procurement (not a Grant) in Q1 or Q2 2015. Question: What is the current status for the tender on MITICA VV? What were the results of the tender campaign finishing July 2014 F4E answer and comments: The tender is currently under evaluation – further details will be provided once the tender procedure is closed. Subject: Tenders & Market Survey Status F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

14. Questions from ILO Switzerland Question: What is the current status for GRPS and AGPS PS NBI? When do you expect to launch the new tender? F4E answer and comments: Please refer to other presentation on upcoming business opportunities. Target launch is October 2014. Subject: Tenders Status F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

15. Questions from ILO UK Question: F4E published a market survey on manufacture of sensors based on thin-film technologies in which the following IP clauses appear: Intellectual property The standard conditions of F4E contracts require the contractor to grant access rights to F4E to foreground in the form of a worldwide, non-exclusive, irrevocable, royalty-free licence with the right to further sub-license and use it for any purpose. The standard conditions of F4E contracts require the contractor to grant access rights to F4E to background in the form of a worldwide, non-exclusive, irrevocable licence, with the right to further sub-license and use it for any purpose under fair and reasonable conditions (and royalty-free in certain cases in connection with earlier Euratom support). Would F4E clarify whether this statement and in particular highlighted in RED is correct? F4E answer and comments: According to the IP policy a decision about the appropriate IP regime shall be taken for each contract. The circumstances of this call for tender, agreed with our technical people, call in favor of minimizing the impact of IP on both background and foreground. Subject: Market survey on sensor manufacturing: IP clause F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

16. Questions from ILO UK Question: Is F4E or IO negotiating special discounted rates with suppliers of standard components that will be used in ITER? If so, are these rates made available to industry and Labs who will deliver some of these systems? F4E answer and comments:ITER Organization did negotiate special discounts for standard components required for ITER Organization packages. Such list of components were made available to industries by ITER Organization directly. Subject: Special rate for standard components for ITER F4E MIG - ILO Meeting #26 - 29th September 2014 - San Sebastian

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