ISTITUTO NAZIONALE DI FISICA NUCLEARE CONSIGLIO

ISTITUTO NAZIONALE DI FISICA NUCLEARE
CONSIGLIO DIRETTIVO
DELIBERAZIONE N. 12872
Il Consiglio Direttivo dell’Istituto Nazionale di Fisica Nucleare, riunito a Roma in data 18
luglio 2013 alla presenza di n. 33 suoi componenti su un totale di n. 34:
avuto riguardo all’Accordo tra il Governo Giapponese e la Comunità Europea per l’Energia
Atomica (EURATOM), relativo alla comune implementazione delle “Broader Approach
Activities” nel campo della “Fusion Energy Research” firmato a Tokyo in data 5 febbraio
2007;
avuto riguardo, in particolare, all’art. 14 del suddetto Accordo relativo ai termini e alle
condizioni per le contribuzioni in-kind da parte di EURATOM e Japanese Agency for
Nuclear Energy (JAEA) ;
vista la nota in data 31 marzo 2006 con la quale il Ministro Moratti ha confermato
l ’intenzione dell’Italia ad una contribuzione volontaria in favore dell’EURATOM per
’implementazione delle suddette “Broader Approach Activities”;
considerato che, per l’Italia, l’INFN è tra i “Voluntary Contributors” al progetto a
condizione che siano resi disponibili i fondi pubblici a ciò necessari, peraltro in parte già
acquisiti per la fase iniziale del progetto con stanziamenti vincolati da parte del MIUR;
vista la precedente deliberazione del Consiglio Direttivo n. 11632 del 29 ottobre 2010 con la
quale è stato approvato l’”Agreement of Collaboration F4E-INFN for the Joint
Implementation of the Procurement Arrangement for the Supply of the Accelerator
Prototype’s RFQ for the IFMIF/EVEDA/Project” con annesso “Procurement Arrangement
for the supply of the Accelerator Prototype RFQ for the IFMIF/EVEDA Project and its
Annex A and B (AF03EU)”,
vista la successiva deliberazione del Consiglio Direttivo n. 12822 del 24 maggio 2013 con la
quale è stato approvato l’“Agreement of Collaboration F4E-INFN for the Joint
Implementation of the INFN part of the Procurement Arrangement for the supply of the
Engineering Design of the IFMIF Accelerator Facility and its Annex A and B” relativo alla
fornitura dell’Engineering Design dell’acceleratore di IFMIF per la parte relativa all’RFQ
(ED02);
visto lo schema di “Agreement of Collaboration F4E-INFN for the Joint Implementation of
the INFN part of the Procurement Arrangement for the Execution of Transverse Activities
of the Accelerator Prototype for the IFMIF/EVADA project (AF01)”, allegato alla presente
deliberazione e di essa parte integrante;
vista la nota del Direttore dei LNL, Prof. Giovanni Fiorentini, del 19 giugno u.s., prot. n.
2109/13/GF/pc ;
vista la nota del Responsible Officer del progetto, Dr. Alberto Facco, del 12 aprile u.s.;
su proposta della Giunta Esecutiva;
12-7/18
INFN
COPIA CONFORME
con n. 33 voti favorevoli;
DELIBERA
1) E’ approvato lo schema di “Agreement of Collaboration F4E-INFN for the Joint Implementation
of the INFN part of the Procurement Arrangement for the Execution of Transverse Activities of the
Accelerator Prototype for the IFMIF/EVADA project (AF01)”, allegato alla presente deliberazione
e di essa parte integrante. Il Presidente è autorizzato a perfezionarlo e a sottoscriverlo.
2) Gli oneri finanziari derivanti dal presente Accordo, pari a 2.3 MEuro trovano copertura coi fondi
FOE 2012 assegnati dal MIUR con vincolo di destinazione in forza dell’Accordo descritto in
narrativa.
INFN
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B A-IFM1 F-EU-AoC-AFO 1 -IN FN
AGREEMENT OF COLLABORATICI
F4E-INFN
FOR THE JOINT IMPLEMENTATION OF THE
INFN PART OF THE
PROCUREMENT ARRANGEMENT FOR
THE EXECUTION OF TRANSVERSE
ACTIVITIES OF THE ACCELERATOR
PROTOTYPE FOR THE IFMIF/EVEDA PROJECT
("ACCELERATOR TRANSVERSE ACTIVITIES")
(Reference: Procurement Arrangement AF01)
Between
the European Joint Undertaking for ITER and the Development of Fusion
Energy, represented by Mr. Henrik Bindslev, the Director (liereinafter referred to as
"Fusion for Energy")
of the one part
and
Istituto Nazionale di Fisica Nucelare (INFN), represented by Mr. Fernando Ferroni,
President of Institute (liereinafter referred to as "the Contributo!'")
of the other part,
liereinafter referred to individuali}' as the "Party" or botti as the "Parties"
INFN
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Agreement of Collaboratici] F4E-INFN Por the joint implenientatioii
of the Procurement Arrangement AF01 for Accelerator Transverse Activities
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HAVING REGARD to the Agreement between the Government of Japan and the
European Atomic Energy Community (hereinafter referred to as "Euratom") for the
joint implementation of the Broader Approach Activities in the Field of Fusion
Energy Research (hereinafter referred to as "BA Agreement "), concluded on 5th
February 2007 in Tokyo, and in particular Artide 14 thereof that provides for terms
and conditions for in-kind contributions;
HAVING REGARD to the exchange of letters between Commissione!- Potocnik of 9
March 2006 and 24 Aprii 2006 and Minister Letizia Moratti of 10 Aprii and 25 Aprii
2006, by which ltaly (hereinafter referred to as "Voiuntary Contributor") confirmed
its intention to make voiuntary contributions to Euratom for the implementation of the
Broader Approach Activities;
WHEREAS under Artide l(b) of the Council Decision 2007/198/Euratom of 27
March 2007 establishing Fusion for Energy and Artide 3(2) of the Statutes attached
to that Decision, Fusion for Energy should discharge Euratom obiìgations for the
implementation of the Broader Approach Activities as the Implementing Agency in
the context of the BA Agreement;
WHEREAS the Contributar was nominated by France to discharge its commitment to
make the voiuntary contributions to Euratom for the Broader Approach Activities and
the Contributor is ready on behalf of France to provide the contribution specified in
this Agreement to Fusion for Energy subject to the amount of the public funds
available from its Government;
WHEREAS at its lsl meeting, the Steering Committee on the Broader Approach
Activities adopted the animai Work Programme of IFMIF/EVEDA that provides the
framework for the execution of Transverse Activities of the Accelerato!- Prototype for
the IFMIF/EVEDA Project by Euratom;
WHEREAS the Steering Committee on the Broader Approach Activities has endorsed
the Common Quality Management System for the IFMIF/EVEDA lntegrated Project
Team (hereinafter referred to as "IFMIF/EVEDA IPT Common Quality Management
System");
WHEREAS in order to implement the Euratom commitments for the execution
IFMIF/EVEDA a specifte structure has been set up denominated as 'European Home
Team for IFMIF/EVEDA' (hereinafter referred to as "IFMIF/EVEDA EU Home
Team") in the forms of a collaboratoti among Fusion for Energy and ali the
contributors to the Broader Approach Activities;
WHEREAS the Contact Persons endorsed the IFMIF/EVEDA EU Home Team
Quality Management System that complementi the IFMIF/EVEDA IPT Common
Quality Management System at its meeting of 14 September 2009;
WHEREAS the terms and conditions of the collaboration between Fusion for Energy
and the Contributor should be agreed before Fusion for Energy concludes with
Japanese Atomic Energy Agency as the Japanese Implementing Agency ("JAEA") the
Procurement Arrangement attached in the Annex;
: ìAVE AGREED AS FOLLOWS.
INFN
COPIA CONFORME
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Agreement of Collaboiiition F4E-INFN for the joint implementation
of the Procurement Arrangement AF01 for Accelerato!1 Transverse Activities
Artide 1
1.1
|>. 3 of 12
Parpose
The purpose of the present Agreement of Collaboration (hereinafter referred as
'the Agreement') is to agree on terms and conditìons of the joint
implementation by the Parties of the Procurement Arrangement for the
execution of Transverse Activities of the Accelerato!' Prototype for the
1FM1F/EVEDA Project (hereinafter referred to as "the Procurement
Arrangement").
Artide 2
Role of Fusion for Energy
2.1
Fusion for Energy forms integrai part of the IFMIF/EVEDA EU Home Team
and ensures the coordination of implementation of the Procurement
Arrangement and its interfaces with other procurement arrangements in BA
Activities.
2.2
In particular Fusion for Energy:
a. participates to the activities of the Integrated Project Team as defined in
the IFMIF/EVEDA EU HT Quality Management System;
b. coordinates and monitors the implementation of the Procurement
Arrangement by the Contributor and other contributors designated by other
Mcinber States as detailed in the IFMIF/EVEDA EU-Home Team Quality
Management System;
e. is responsive for any officiai Communications under the Procurement
Arrangement, in particular with JAEA;
d. contributes by paying ali the costs of Fusion for Energy personnel
including missions and overheads related to the role of Fusion for Energy
under the Agreement.
Artide 3
Role of the Contributo!-
3.1
The Contributor forms integrai part of the IFMIF/EVEDA EU Home Team by
collaborating with Fusion for Energy and other contributors to enable Fusion
for Energy to fulfil its obligations under the Procurement Arrangement.
3.2
In particular the Contributor :
a. delivers the deliverables specified in Annex B of the Procurement
Arrangement to Fusion for Energy in accordance with the terms and
conditìons of the Procurement Arrangement and its Annexes attached in
the Annex hereto;
b. fu 1 fiIs technical and management requirements related to the delivery of
the deliverables as specified in the Procurement Arrangement
complemented by the IFMIF/EVEDA EU Home Team Quality
Management System;
e. participates to the activities of the Integrated Project Team including
technical integration as defined in the IFMIF/EVEDA EU-Home Team
Quality Management System;
INFN
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d. provides Fusion for Energy with the periodic reports and with other
documenta specified in the Procurement Arrangement in oi'der to allow
Fusion for Energy to ensure its monitoring obligations;
e. contributes by paying ali the costs for its personnel, missions and
associated overheads;
3.3
The Contributo!' shall perforili the procurement of the goods and services
necessary to fulfìl bis obligations under the Agreement at its own cxpenses
and under its responsibility and in accordance with its own procurement
procedures and rules.
In particular the Contributo!"
a. prepares a Procurement Pian, Schedule and Risk Management Pian for the
implementation of the Agreement;
b. prepares detailed technical specifications and ali the documents necessary
for the cali for tender;
e. issues the cali for offers and selects the bidders, evaluates the offers and
award the contraets;
d. signs the contraets and follows their execution up to the end of the
warrant)' pei'iod.
3.4
The Procurement Pian, Schedule, Risk Management Pian, the detailed
technical specifications and the general requirements for the cali for tender
shall be transmitted to Fusion for Energy for information priorto the launch of
the relatcd cali for tender. Sudi prior information to Fusion for Energy does
not exempt the Contributor from its primary obligation under the present
Agreement.
3.5
Any contract placed by the Contributo!' for the execution of the Agreement
shall contain provisìons to allow the Contributar to meet his obligations under
the Agreement. The Contributo!' retains the sole responsibility for the
execution of bis tasks under the Agreement.
Artide 4
General Riglits and Obligation of the Parties
4.1
The Parties commi! to collaborate and jointly implement with other
contributors the Procurement Arrangement by fulfilling their roles referred to
in Articlcs 2 and 3. They engagé to work in dose cooperation and within the
fraine of the IFMIF/EVEDA EU Home Team Quality Management System,
to the full exchange of ali the information necessary to the effective
functioning of the collaboration and, in particular to establish a coherent and
effective system for the sharing of design information and parameters.
4.2
In case of substantial changes to the technical specifications during the
execution of the Procurement Arrangement, the Parties commit to jointly seek
alternative compensative solutions.
4.3
Each Party guarantees the access of the other Party to its premises under the
limitation of the application of the existing regulations. In particular the
Contributor shall ensure that Fusion for Energy personnel, or persons
INFN
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authorised by Fusion for Energy liave access to the works premises of the
contraeteti entities for the purpose of witnessing the acceptance tests foreseen
in the contraets and reviewing the status of work,
Artide 5
Responsible Officers
The Parties shall nominate in writing the representatives responsible for the joint
implementation of the Agreement upon its signature.
Artide 6
Iiitellcctual Property Rights
The Contributo!' shall provide access to information and intellcctual property to allow
Fusion for Energy to fulfì! its obligations towards JAEÀ as set forth under Chapter 5
of the BA Agreement.
The terms "Information" and "lntellectual Property" used hereto are de fi ned in Artide
18 and 19 of the BA Agreement.
6.1
Background Knowledge
6.1.1 The Contributor shall remain the exclusive owner or shall keep the
rights of disposai of lntellectual Property or Information which he owns
prior to the signature of the Agreement or outsìde its scope and which is
incorporateti in the course of the implementation of the Agreement
(hereinafter "the background knowledge") and the Contributor shall not be
restricted by Fusion for Energy in its righi to grant access to its
background knowledge.
6.1.2 The background knowledge identifìed prior to the signature of the
Agreement by the Contributor as nccessary for the Contributor to perforili
its obligations under the Agreement and/or for Fusion for Energy to
perforili its obligations under the Procurement Arrangement shall be
notifìed to Fusion for Energy by the Contributor upon the signature of the
Agreement. Sudi notification shall provide information about the origìn of
sudi background knowledge, its ownership and briefly its description as
well as any legai and/or contractual restrictions relating to its use of which
the Contributor is aware.
6.1.3 Any otlier background knowledge identifìed by the Contributor after
the signature of the Agreement as necessary for the Contributor to perforili
his obligations under the Agreement and/or for Fusion for Energy to
perforili its obligations under the Procurement Arrangement shall be
notified to Fusion for Energy as soon as it is identifìed.
6.1.4 Upon its request, Fusion for Energy shall be granted by the Contributor
access rights to the background knowledge for the sole purpose of the use
of the foreground referred to in Artide 6.2.4. Sudi access rights shall be
provided under the following conditions:
(i)
a worldwide, non exclusive, irrevocable, royalty free
licerne for the sole purpose of fusion research and
development if sudi access rights are necessary for the
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use of the foreground knowledge referred to in Artide
6,2.4.(1).
(ii)
under fair and reasonable conditions to be agreed
between the Contributor and Fusion for Energy for any
use other than the one referred to in 6.1.4.(i), especially
for any commercial and/or industriai use.
6.1.5 (f the background knowledge is contldential, it must be marked as such
and special measures shall be agreed between the Contributor and Fusion
for Energy to preserve its confidentialìty. Such measures shall not prevent
Fusion for Energy to fuItiI its obligations under Artide 3 of the
Procuiement Arrangement.
6.2
Foreground Knowledge
6.2.1 Any results obtained dtiring the design, manufacturing and test of the
Component(s) in the implemcntatìon of the Agreement (hereinafter "the
foreground knowledge") shall remaìn in the ownership of the Contributor.
6.2.2 The Contributor shall promptly notify Fusion for Energy any creation
of foreground knowledge.
6.2.3 Where the Contributor and Fusion for Energy jointly consider that the
foreground has economie or strategie vaine for Euratom's fusion research
and development programine, the Contributor shall provide for its
adequate and effective protection.
6.2.4 Fusion for Energy shall enjoy access rights to the foreground
knowledge under the following conditions:
6.3
(i)
a non-exclusive, worldwide, irrevocable and royaltyfree license for the purpose of fusion research and
development if such results are necessary for the
implementation of obligations by Euratom under the
BA Agreement and/or by Fusion for Energy under the
Procuiement Arrangement; or
(ii)
under fair and reasonable conditions to be agreed
between the Contributor and Fusion for Energy for any
other use than the one referred to in 6.2.4(i), especially
for any industriai and/or commercial use.
Sublicenses
The license granted to Fusion for Energy under Artide 6.1.4.(i) and Artide 6.2.4 (i)
shall include a right to sublicense provided that Fusion for Energy gives prior notice
to the Contributor of the coneerned background knowledge and/or foreground
knowledge the identity of the foreseen sublicense as well as terms and conditions
under which such sublicense is granted and provided that the Contributor is not
restricted in its right to grant sublicenses to its background by existing contraets or
agreements.
Artide 7
Ownership
INFN
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Not applicatale as there is no hardware involved in the execution of this Agreement.
Artide 8
Personncl
8.1
Ali the personnel assigned by the Contributor for the execution of the
Agreement shall remain under bis responsibility, The Contributor in particular
ensures the payment of his salary, an adequate insuranee coverage extended to
the operation of personnel outside the Contributor's premises in the execution
of this Agreement.
8.2
Each Party shall be responsive and bear the costs for the coverage of its own
personnel for social security, accidents at work and professional illnesses in
accordance with applicable laws and rules. As consequence each Party shall
observe and comply with the applicable rules, and bear the insuranee costs for
the coverage of its own personnel.
Artide 9
Warranties
Not applicable as there is no hardware involved in the execution of this
Agreement.
Artide 10
Liabilities
10.1
Radi Party renounces the right to daini compensations against the other Party
and other contributors for damages caused in the execution of the Agreement,
unless damages were caused by gross negligence or intentional misconduct of
the other Party or other contributor.
10.2
Fusion for Energy shall hold harmless the Contributor for any damage
suffered by the lattee as a result of claims by JAEA unless damages were
caused by gross negligence or intentional misconduct of the Contributor.
Fusion for Energy shall assist the Contributor in any such daini procedure.
10.3
The Contributor shall hold harmless Fusion for Energy for any damage
suffered by the lattei- as a result of claims by the Contributor's contractors
unless damages were caused by gross negligence or intentional misconduct of
Fusion for Energy. The Contributor shall assist Fusion for Energy in any such
daini procedure.
10.4
Each Party shall compensate for the damages caused by himself or its own
personnel to third parties other than contributors in the execution of the
Agreement.
Artide 11
Insurance
The Parties shall if possible take out insuranee against risks and damages relating to
the performance of their role under the Agreement or shall tnake their reasonable
endeavours to ensure that sudi insuranee is taken out by their contractors and
suppliers.
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Artide 12
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Force inajeure and special circumstances
12.1
A Party shall not be considered in breach of the Agreement if sudi breach is
caused by force inajeure which is an unforeseeable and irresistible event
beyond bis control that renders impossible the fulfilment of the Party's role
under the Agreement. Sudi Party will not i fy the other one of force inajeure
without delay. If the consequences of the force inajeure would impede the
implementation of the Agreement and are not overcome by the Party within 1
month after sudi notification, the Parties shall immediately seek for measures
to overcome these circumstances. The Contributo!- shall in particular with the
support of Fusion for Energy define remedial actions and take ali necessary
measures to minimize delay and limit any possible damage.
12.2
In case of special circumstances other than an event of force inajeure that
impede or could impede the proper implementation of the Agreement by the
Contributor including the lack of the necessary governmental funding, the
Contributor shall immediately inforni Fusion for Energy. The Contributor
shall in particular with the support of Fusion for Energy define remediai
actions and take ali necessary measures to minimize delay and limit any
possible damage.
12.3
When the farce inajeure or special circumstances are of such nature that the
Parties are utiable to find common acceptable measures to overcome them,
Fusion for Energy shall report this metter including its consequences, remedial
actions and possible costs impact to its Governing Board and Euratom, and the
Contributo!* to its Government.
Artide 13
Entry itito force, duratimi and terminatimi
13.1
The Agreement shall enter into force upon signature by the Parties and shall
remain in force for the duration of the Procurenietit Arrangement unless
terminated upon written agreement of the Parties especially in case no remedy
to the circumstances referred to in Artide 12 has been found and that the
situation would bave severe implications on the implementation of the
Procurement Arrangement.
13.2
In case of termination, the Contributor and Fusion for Energy shall consult to
decide on the best conditions to ensure the orderly collection and due
preservation of ali ìtems and documents generated by him and bis contractors
in forms suitable to the conlinuation and completion of aetivities and if
necessary the Contributor and Fusion for Energy shall agree other modalitics
to allow a continualion of the aetivities without delays.
Artide 14
14.1
Confidentiality
When transferring information of the Contributor to JAEA or the
IFM1F/EVEDA Project Leader marked as confidential in accordance with the
BA Agreement, Fusion for Energy shall ensure the confidential treatment of
the information by JAEA and the IFMIF/EVEDA Project Leader,
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The transfer of confìdential information of the Contributo!- by Fusion for
Energy to other thtrd parties than JAEA and IFM1F/EVEDA Project Leader is
subject to a prior written consent of the Contributor.
Artide 15
Settlement of disputes
15.1
Ali questions or disputes between the Parties concerning the interpretation or
implementation of the Agreement shall be amicably settìed by consultation
and negotiation between the Parties.
15.2
If the Parties are unable to amicably settle their dispute by consultation or
negotiation, they svili refer the matter to Euratom and the Contributor's
Government with the request to resolve such dispute.
15.3
In the event of fai Iure to settle such dispute by above means within a
reasonable time, the Court of Justice of the European Commutiities shall bave
a jurisdiction to settle the dispute in accordance with Artide 9(1) of the
Couneil decision 2007/198/Euratom establishing the Fusion for Energy.
Artide 16
Amenti ments
16.1 Amendments to the Agreement shall be Diade only in writing and shall entcr
into force upon signature by the Parties.
16.2
The 1FMIF/EVEDA EU HT Quality Management System may be modified by
written agreement of the Responsive Officers nominated in accordance with
Artide 5 at any time during the duration of the Agreement.
Artide 17
Annexes
The following two Annexes are integrai part of the Agreement:
(1) the Procurement Arrangement for the Supply of the execution of
Transverse Activities of the Acceleralo!- Prototype for the
IFMIF/EVEDA Project and its Annex A and B.
(2) Distribution of the Work and Responsibilities for the Joint
implementation of the Procurement Arrangement for the execution of
Transverse Activities of the Accelerato!- Prototype for the
IFMIF/EVEDA Project.
Artide 18
Precedcnce
In case of a contradiction or conflìct, the provisions of the BA Agreement and the
Procurement Arrangement shall bave precedcnce over this Agreement.
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Done in English, in two originals,
For the Contribtitor:
For Fusion for Energy:
Narae
Name
Fu net io n
Function
Place:
Place: &AG C £ LO>0r\
Date:
Date:
Signature:
Signature:
0*à
HENRIK BINDSLEV
Director
2 9 MAY 201
INFN
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Annex 2
Distribution of the Work and Responsibilities
for the execution of Transverse Aetivities of the Accelerato!'
Prototype for the TFMIF/EVEDA Project
1. General arrangement
The Transverse Aetivities of (he Linear IFMIF/EVEDA Prototype Accelerato!(LIPAc) will bc executed by the designateci etitities in dose interaction with the
Manager of the LIPAc Sub-Project and his deputy. The work to be carried out in the
fraine of this PA gathers various aetivities which are not directly related or not
included in PAs for the delivery of the various systems of the LIPAc accelerato!'
prototype (PA AF-02 to PA AF-10 and PA AF-12).
This work can be grouped into Project Management aetivities and into System
Engineering aetivities; the Project Management aetivities being related to the general
coordination, monitoring and control of the work performed with in the EU-HT
whereas the system engineering aetivities are related to the definition of the global
performances of the LIPAc, the analysis and the control of their achievement.
2. Sharing of the contributions among the designateci entities.
CEA
(a) ensures the contributions to the instruments of the Project Management aetivities,
in so far the following systems are concerned:
- the Injector
- the First Cryomodule of the SRF Linac
- the Control System
- the Diagnostics
- the Cryoplant.
(b) coordinates the input from CIEMAT and 1NFN on Beam Dynamics and submits
the edited reports on Beam Dynamics.
(e) provides the contributions to Safety & Radio Protection documents to CIEMAT
for editing and submitting the reports on Safety & Radio Protection.
(d) ensures the contributions to CAD engineering, technical configuration, and
integration aetivities (including seismic, alignment, positioning, and vacuum aspeets),
and definition of interfaces
in so far the following systems are concerned:
- the Injector
- the First Cryomodule of the SRF Linac
- the Control System
- the Diagnostics
- the Cryoplant.
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CIEMAT
(a) ensures the contributions to the instruments of the Project Management activities,
in so Far the following system are concerned:
- the Medium Energy Beam Transport and its Diagnostics
- the RF Power System
- the High Energy Beam Transport and its Diagnostics, and the Beam Dump.
(b) provides the contributions to Beam Dynamics documents to CEA for editing and
submitting the reports on Beam Dynamics,
(e) coordinates the input from CEA Safety and Radio Protection and submits the
edited reports on Safety and Radio Protection.
(d) ensures the contributions to CAD engineering, technical configuration, and
integration activities (including seismic, alignment, positioning, and vacuimi aspeets),
and defmition of interfaces
in so far the following system are concerned:
- the Medium Energy Beam Transport
- the RF Power System
- the High Energy Beam Transport, Beam Dump.
INFN
(a) ensures the contributions to the instruments of the Project Management activities,
in so far the following system is concerned:
- the Radio Frcquency Quadrinole.
(b) provides the contributions to Beam Dynamics documents to CEA for editing and
submitting the reports on Beam Dynamics.
(e) ensures the contributions to CAD engineering, technical configuration, and
integration activities (including seismic, alignment, positioning, and vacuimi aspeets),
and definition of interfaces
in so far the following system is concerned:
- the Radio Frequency Quadrupoie.
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Procurement Arrangement for the execution of
Transverse Activities of the Accclerator Prototype for the IFMIF/EVEDA Project
(Refercnce: Procurement Arrangement AF01)
Japan Atomic Energy Agency (hereinafter referred to as "JAEA"),
of the one pari,
and
the European Joint Undertaking for ITER and the development of Fusion Energy (hereinafter
referred to as "F4E"),
of the other part,
(collectively referred to as the "lmplementing Agencies" or the "IAs");
Having regard to the Agreement betwecn the Government of Japan and the European Atomic
Energy Community for the Joint Impìementation of the Broader Approach Activities in the
Field of Fusion Energy Research (hereinafter referred to as the "BA Agreement"), signed by
duly authorized Signatories of the Members in Tokyo on 5 February 2007;
Having regard to the Joint Deciaration by the Representatives of the Government of Japan and
EURATOM for the joint impìementation of the Broader Approach Activities, Brussels,
22 TNovember 2006;
Having regard to the Project Pian and the Work Programme 2013 for the International Fusion
Materials lrradiation Facility / Engineering Validation and Engineering Design Activities
(hereinafter referred to as "IFMIF/EVEDA") Project, adopted by the Steering Committee on
the Broader Approach Activities;
Have agreed as follows:
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Artide 1
Sub/ed
The subject of the present Procurement Arrangement (hereinafter referred to as the "PA") is
to set out the framework for the execution of the Transverse Activities of the Accelerato!'
Prototype set out in Table 1 (hereinafter referred to as the "Components") by F4E (hereinafter
referred to as the "Providing IA") for the IFMIF/EVEDA Project in accordance with Artide
12(l)(a)(i) of the BA Agreement and the Work Program me 2013 for the IFMIF/EVEDA
Project as referred to in Artide 9 of the BA Agreement
Artide 2
Contributions and their Values
1.
The total vaine of the Components to be ptovìded under this PA is denominated in BA
Units of Account (BAUA), which does not necessari!)' reìate to the actual costs that
may be incurred for the execution of this PA.
2.
The Providing IA shall provide the Components as set out in Table 1
Table 1: Components to be provided
Ref.
Components
AF0F1
LIPAC Transverse Activities
Intermediate Report
LIPAc Transverse Activities
Final Report
Total
AFO1.2
Providing IA
F4E*
Vaine
(kBAUA)
8.35
F4E*
8.35
16.70
(*) Designateti Emily : CEA, CIEMAT, INFN
Artide 3
Information and InteHeclita! Property
1.
Information generated under this PA shall be subject to the provisions of Artide 18
'Dissemination, use and protection of Information' of the BA Agreement.
2.
Intellectual property generated under this PA shall be subject to the provisions of
Artide 19 'Intellectual Property' of the BA Agreement.
3.
The Providing TA shall take the necessary measures so that the Partics to the BA
Agreement can notify each other and the Project Leader (hereinafter referred to as the
"PL") of any Intellectual Property generated in the course of the execution of this PA.
4.
The Providing IA shall take the necessary measures so that the Partics to the BA
Agreement can inforni each other and the PL of the background Intellectual Property
incorporated in the course of the execution of this PA, Such information shall not be
understood as creating any obligation to grant access rights to Background Intellectual
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Property. Where appropriate, sudi information may be identified as confidential. Each
IA and the PL shall keep confidential, with respect to third parties, ali information and
objects disctosed or transmitted to it under this PA when they nave been identified
confidential in writing. The disclosure of confidential information and the transfer of
objects marked as confidential to third parties shall be subject to the prior written
consent ofthe otherIA.
Artide 4
Ownership (not appìicable)
Artide 5
Delivery & Trampoli (not appìicable)
Artide 6
Liability
1.
Damage incurred by one of the lAs in the course of, or arising out of the execution of
this PA shall be compensated to the extent permitted by and in accordarle with
appìicable laws and regulations.
2.
JAEA, including persons acting on its behalf, shall not be liable for any alleged or
actual claims, losses, expcnses, or damage caused or suffered to property or to personnel
of F4E sent or seconded to JAEA to carry out any activity under this PA, unless it is
proven that such daini, loss, expense, or damage was caused by the gross negligence or
intentional misconduct of JAEA or the persons acting on its behalf.
3.
F4E, including the persons acting on its behalf, shall not be liable for any alleged or
actual claims, losses, expenses, or damage caused or suffered to property or to personnel
of JAEA sent or seconded to F4E to carry out any activity under this PA, unless it is
proven that such daini, loss, expense, or damage was caused by the gross negligence or
intentional misconduct of F4E or the persons acting on its behalf.
4.
Each IA shall hold harmless the other IA for any damage arising to the lattei' from
claims by third parties where such damage is caused by the persons acting on its behalf
or its property in the implementation of this PA.
5.
The foregoing provisions shall not be appìicable to damages caused by nuclear
incidents, compensation for which shall be in accordance with appìicable laws and
regulations of the country or territory where it happens.
Artide 7
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Warranty (noi appììcabìe)
Artide 8
Entry into Force, Dtiralion & Termination
!..
This PA shall enter into force after signature by the IAs with the cotisent of the PL and
shall be compieteci once the rights and obligatiotis of the IAs under the PA have been
met.
2.
Implementation of the PA shal! start from the date of its entry into force and shall be
compieteci by the delivery of the final report planned on 31 March 2017.
3.
The date of completion may be extended by mutuai wrilten agreement of the IAs with
the consent of the PL before it elapses. This extension shall norma lly be agreed at least
three months before the date of completion, Extension of the date of completion at
shorter notice shall only be agreed in exceptional and duly justified cases.
4.
In the event either IA is unable to fuIfiI its obligations under the present PA, the other
IA shall be entitled to terminate this PA with the consent of the PL. In such a case the
IAs shall enter in consultations in order to find the most suitablc solution in accordance
with the BA Agreement.
5.
The termination of this PA shall be without prejudìce to the rights which may have
accrued under this PA to either IA, and the IAs shall remarti responsible for obligations
they have entered into under this PA up to the date of the termination.
Artide 9
Dispute settlement
AH questions or disputes between the IAs concerning the interpretation or
implementation of this PA shall be amicably settled by consultation and negotiation
among the IAs and the PL.
If the IAs are unable to amicably settle their dispute by consultation or negotiation, the
Steering Committee shall be requested to resolve the dispute.
In the event of failure to settle such dispute under the auspices of the Steering
Committee, Artide 24 of the BA Agreement shall be applied.
Artide 10
Amendmeni
The present PA may be amended by mutuai consent in writing of the TAs with the consent of
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the PL.
Artide 11
A dm in istintive provisio i is
The IAS nominate the following Procurement Arrangement Managers (hereinafter
referred to as the "PAMs") who shall serve as charme! for communìcation for the
execLition ofthis PA,
Name
| Department 1 Telephone
| Email
Masayoshi Sugimoto ! JAEA
| Tel: 181 175 71 6631
Roland Heiditiger
| Tel; +49 89 3299 4406 | [email protected]
| F4E/BFD
1 [email protected]
The PAM may be replaced by sending a letter, signed by the authorized representative,
from one of the IAs to the other and to the PL.
Any officiai communìcation relatìtig to this PA or to its implementation shall bear the
PA references.
Ali notices and Communications required or permitted under this PA shall be in writing
and shall be exchanged between the IAs through the PAMs.
Artide 12
Annexes
1.
The annexes referred to in this Artide shall forni an integrai pati ofthis PA,
2.
The roles and responsibilities for the management ofthis PA shall be as defined iti the
Management Specifications (Annex A).
3.
The technical scope of the supplies is defined in detail in the Technical Specifications
(Annex B).
Artide 13
Precedence
In case of confi ict, the provisions of the BA Agreement and other documents referred to in the
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preamble shall have prccedence over this PA.
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SIGNATURES
For JAEA,
Takashi Yoshikawa
Director
International Affairs Department
For F4E,
Henrik Bindsiev
Director
Signature:
Signature:
Done at Tokai,
Done at Barcelona,
Witness by the Project Leader for IFMIF/EVEDA,
Juan Knaster Re folio
Signature:
Done at Rokkasho
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Ann ex A
Management Specifications
Artide 8
Subject
This Annex sets out the roles and responsibilitics of the IAS and the PL tbr the management
of the present PA.
Artide 9
Credit Allocai ioti
1.
Credit shall be allocated to the Providing 1A in accordance with the Credit Allocation
Scheme (CAS) for the present PA as detailed in Table 1, upon release by the PL of
Certificates of Accrued Vaine (CAV).
Table 1: CAS for the present PA
Ref.
Del/MS*
Description
Reference to
Approvai/Acceptance
reqnirement as set out in
Teclmical Specifications
Approving/ kBAUA % Value
Del/MS*
Accepting
Completion Date
lnstance{s)
AF0I.1 LIPAC Transverse Activities
Intermediate Repoit (Del)
Annex B
PL + JAEA
8.35
50%
31 Mar. 2015
AF01.2 LIPAc Transverse Activities
Final Report (Del)
Annex B
PLiJAEA
8.35
50%
31 Mar. 2017
*Del: deltverable; MS: iYlilestone
2.
The table may be updated by written agreement among the IAs and the PL.
3.
The Providing IA shall snbmit request for credit allocation to PL. Requests for credit
allocation by the Providing IA at deliverable/milestone points shall be admissible if
accompanied by evidence of achicvement of deliverable/milestone in accordance with
the scheme set out in Table 1. Where approval/acceptance of the other IA is required,
the PL shall transmit a copy of the request for credit allocation together with the
accompanying documentation to the other IA.
4.
Provided that the deliverables bave been approved and/or accepted by the PL and by the
other IA where applicable in accordance with the requirements set out in the technical
and management specifìcations, the PL shall within forty ftve (45) days after recetpt of
the request for credit allocation inforni the requesting IA in writing of the
approval/acceptance by releasing the corresponding CAV. In case that the request is
disapproved, the requesting IA shall within thirty (30) days snbmit to the PL the
information necessary to estabiish a recovery pian and shall take ali measures to ensure
confonnity.
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Artide 10
Planning and schechiling
1.
The Providing IA shall develop, using the Microsoft Project software, a PA schedule for
the implementation of the present PA (hereinafter referred to as the "PA Schedule").
The PA Schedule shall cover ali phases, including the tendering, the contract execution
and shìpping of the components. It shall contata manufacturing, testing and inspection
milestones, in line with the Credit Al location Scheme set out in Table 1 and the uncredited check points that consist of hold points (HP), notìfication points (NP), report
points (RP), deliverables (Del) and milestones (MS) set out in Table 2 below:
Table 2: Check points for the present PA
HP/NP/RP/
Del/MS n°
Reference to Approval/Acceptance
retiuirements as set out in Teclinical
Specifications (Annex B)
HP/NP/RP/Del/MS
description
HP/NP/RP/Del/MS
completion date
No un-credited check poirtls
The PA Schedule shall be submitted to the PL and the other IA for approvai within sixty
(60) days after signing the PA. The PL and the other IA shall revìew the PA Schedule
and notify their approvai/disapprovai within ten (10) working days troni the date of its
receipt.
Where necessary, the PA Schedule may be updated by the written agreement of the
PAMs with the consent of the PL. Table 2 shall be subject to updates of the PA
Schedule.
Artide lì
Contractuaì process (noi applicabile)
Artide 12
Monitoring
Ali monitoring activities shall be carried out in accordance with the PA Schedule.
1.
Periodic reports and meetings
1.1.
The Providing IA shall ensure that periodic progress reports are submitted from its
suppliers or contractor(s) to it and periodic review meetings are held with its
contractor(s) to monitor contract execution.
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1.2.
The Providing 1A shall bring to the attention of the PL any point arising fiom the
reports and meetings that may have an impact on the implementation of the present
PA.
2.
On the spot access
The Providing IA shall ensure that its supplier or contractor spccifies ali locations,
including those of its sub-contractor(s), where the contrae! is implemented and grants
the following rights of on the spot access to the specified locations, provided that a
request for access has been made accordìng to agreed rules between them:
2.1.
Right of access of the IAs
2.1.1.
Each IA in consultation with the other IA shall have, at reasonable notice, the right to
review the progress and status of the work and to witness the specified tests of the
subject matter of the procurement under this PA at the other IA's premises or those
of its suppliers, contractors or sub-contractors.
2.1.2.
Any of these tests shall be carried out on a confidential basis. Information pertaining
to these tests to be given to the other IA shall contain only technical data and no
commercial data.
2.2.
Right of access of the PL
2.2.1
The PL shall have, at reasonable notice, the right to review the progress and status of
the work and to witness the specified tests of the subject matter of the procurement
under this PA at one of the IAs' premise, those of its suppliers, contractors or subcontractors.
2.2.2
The PL shall consult in ad varice with the IA to identify the representati ve of the PL
who will witness the tests. His/Her representative shall be bound by appropriate
confidentiality obligations to be agreed in advance.
3.
Access to documentation
Each IA shall, at the request of the PL and the other IA, make available to it sudi
information and documents as are necessary to determine the progress and status of the
work.
4.
Progress report
The Providing IA shall provide written progress reports to the PL and the other IA at
least every 6 months until completion of the PA, and at the request of the PL or the
other TA in duly justified cases.
Artide 13
Accepkuìce Tests (noi appìicable)
Artide 14
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Procedure.1* lo Deal with Cìumges
1.
Deviations from the technical specifications set out in Annex B to this PA shall be
subject to the following procedures taking into account any possible vaiiation in the
allocation of resources of the PA and the chatige in schedule. In case a change is
accepted by the common agreement between the IAS and the PL, Annex B is
considered to be amended accordingly.
2.
A change may be requested by either of the IAs or the PL (hereinafter referred to as
the "Requesting Party" in this paragraph).
3.
a)
The Requesting Party shall specify in writing the required changes in a
'Change Request' and send it to the other two parties (hereinafter referred to as
the "Requested Parties" in this paragraph).
b)
The Requested Parties shall verify the acceptability of the request from a
technical and schedule point of view and, if required, estimate the cost and
schedule variations and notify their acceptance/rejection to the Requesting
Party within 3 weeks from the receipt of the Change Request.
e)
In case of rejection, the IAs and the PL shall enter into consultations in order to
find the most suitable solution in accordance with the BA Agreement.
If the Providing IA deems that the change so requires, it may request the Party to the
BA Agreement that designated it as Implementing Agency to apply Artide 15 of the
BA Agreement.
Artide 15
Safety
The Providing IA shall ensure that the codes and standards resutting from the relevant
Japanese safety regulations set out in the technical specifications shall be applied when
implementing the present PA.
Ardale 16
Quali ty assurance
1.
In executing the present PA, the Providing IA shall apply a documented "F4E Quality
Assurance Programme" which shall be approved by the PL and the other IA and which
shall define necessary internai technical and quality review procedures to ensure the
quality of the supply.
2.
The Providing TA shall ensure that contraete placed under the present PA provide fot*
each contraete» to meet Quality Assurance requirements in accordance with the relevant
Quality Assurance classifications and other specific requirements set out in the technical
specifications annexed to this PA.
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Artide 17
Risk management
The Providing IA shall, within sixty (60) days ofthe entry into force of the present PA,
draw up and submit to the PL and the other IA for approvai a pian for managing risks
associated with implementing the present PA (hereinafter referred to as the "Risk
Management Pian"). The PL and the IA receiving the Risk Management Pian shall
review the Risk Management Pian and notify their approvai/disapprovai within ten
(10) working days from the date of its receipt.
The Risk Management Pian shall set out a register of the risks which may have ari
impact oti the siiccessfi.il execution of the present PA and, for each identified risk, shall
provide:
(a)
a summary assessment of likelihood of the risk materialising and of the potentini
consequences for the successfid execution ofthe present PA;
(b)
possible measures for risk reduction or mttigation and conditions for triggering
such measures;
(e)
an attribution of responsibility ìn the structure ofthe IA for managing the risk;
(d)
a schedule, consistent with the PA Schedule, and arrangements for regular
monitoring and revìew ofthe risk.
Following approvai of the Risk Management Pian, it shall be ìmplemcnted and the PL
and the other IA shall be provided with regular reports in accordance with the specifled
schedule of monitoring and review.
Where necessary, the Risk Management Pian may be updated by the written agreement
ofthe PAMs with the consent ofthe PL upon proposai by eitlier IA.
If and when conditions to trigger speci tic risk reduction and mitigation measures occur,
The Providing IA shall so inforni the PL and the other IA without delay. The lAs and
the PL shall consult on the appropriate actions to be taken and on their consequences fotthe execution of this PA.
Artide 18
Lcmguage
Ali documents to be submitted to the PL and/or to the other IA shall be written in the English
language.
Artide 19
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Generalprovìsiom on performance of the present PA
1.
Tlie IAS shall ensure that the work in the frame of thìs PA is performed to the highest
professional standards.
2.
Each IA shall be responsible for the safe keeping of the materials snpplied and
belonging to the other IA or which are entrusted frotn the other IA for the purposes of
undertaking the work specifìed in this PA.
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An n ex B
Specifications for the Transverse Activities of the Aceelerator Prototype for the
IFM1F/EVEDA Project
1.
Scope
15
1.1. Objectives
15
2.
Input Docuinciits
15
3.
Description of Work
15
3.1. Project management activities
15
3.2. System engineering activities
16
4.
5.
Deliverablcs
.17
4.1. List of deliverables (main docttment) and designated entities for Project
17
4.2. Documentatìon provided
17
Acceptance
17
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1. Scope
1.1, Objectives
The Transverse Activities of the Linear IFMIF/EVEDA Prototype Accelerateti- (LIPAc) vvill
be executed by the EU-HT of the IFMIF/EVEDA project. The work to be carried out in the
trame of this PA gathers various activities which are not directly related or not included in
Accelerato!' Facility PAs {PA AF-02 to PA AF-10 and PA AF-12) consisting of the delivery
of LIPAc Sub-systems, This work is arbitrari!}' broken down into 2 following maìn activities:
•
Project Management activities (inclnding administration and project control, Quality
assurance, documentation and Configuratioti management)
System Engineering (ìncluding Safety and Radioprotection, Beam Dynamics, Design
Integration and Interfaces management)
•
2. Input Documents
2.1. Refeience documents
IFM1F
Comprehensive
Design
Report
-
December
2003
(hltps://users.jt60sa.org/?uÌd=223KL3)
2.2. Applicatile documents
-
BA agreement
-
1FM1F CQMS (https.7/users.jt60sa.org/?uid=2233J6)
1FMIF EU-HT QMS (https://users.jt60sa.org/?uid=226YG2 )
-
LIPAc EU-HT QMS (https.7/users.jt60sa.org/?uid=22QGHX)
3. Description of Work
3.1. Project management activities
The Project Management activities are related to the general coordination, monitoring and
control of the work performed within the EU-HT.
It covers the tasks of Procurement Responsive Officerà (PRO), deputies, project officers and
support staff dedicated to administration and management related actions:
•
•
To set the organization through the various Procurement Arrangements (PA between
Implementing Àgencies), the Agreement of Collaborations (AoC between
Implementing Agency and Institutes) and the different Memorandum of
Understanding (MoU between the institutes)
To contribute to the monitoring and the control of the LIPAc sub-projeets
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•
representing the VC-Dls in management meetings ( sudi as EU-CG, MCG, AFC,
LEM), ensuring an authorised contact persoli for ali level of management decistons :
Scheduling, Risk anaiysis, Cost estimation controlied at institute level solely,
participation in project reviews and project meetings (in particular Preliminary
Design Review meetings, Detail Design Review meetings)
To provide the input to reporting procedures, in particular to those for the Project
Pian, Work Program and Annual Report.
3.2. System engineering activities
The system engineering activities are related to the definition of the global performances of
the LiPAc, the anaiysis and the control of their achievement,
It covers the tasks performed by technìcal or scientific officers such as Beam Dynamìsts,
safety & radioprotection officers, transverse performances officers {stability, alignment,
positioning, vacuum ...), CAD engineering and technical coiifiguration (interfaces notably),
integration activities.
The main tasks are typically:
•
•
•
•
•
•
•
•
•
To set up the specifìcations of the systems and to participate to transverses functions
requirements
To prepare the integration and qualification for various sub-systems in Europe,
providing the technical definition of interfaces and insuring the interfaces
management within the LIPAc building by using a QA tool, Interface Management
System (IMS)
To build and periodically update the overall integrated schedule of LIPAc up to the
deliveries of the subsystcms to Rokkasho
To set up and keep up to date the digitai mock-up (DMU) of the LIPAc
To keep up to date the Plant Integration Document (PID), a descriptive and interface
document providing the interfaces between each sub-system forming the accelerator
system, the Utilities and the accelerator building of the BA site at Rokkasho,
To prepare common system engineering tools for the LIPAc activities, performing
inventory of the needs (cooling, vacuum, power supply, volumes, weights, ...) and
designing accordingly the accelerator Utilities, operating the standardization of
transverse systems, performing the seismic calculations required for installation in
Japan, assisting the team responsive for delivery of MPS and PPS (excluding the
accelerator centrai control system),
To contribute to the definition of a safe commissioning, operation and maintenance
of LIPAc.
To contribute to the radiation safety of LIPAc, in particular to perforili the
calculations of prompt dose rates and residuai dose rates
To coordinate and execute the beam dynamics studies performed in the Technical
Design Phase of LIPAc, and of its accelerator componcnts.
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4. Deliverables
4.1. List of deliverables (mairi documeiit) and designated entities for Project
The LIPAc Transverse Activities Intermediate Report and the LIPAc Transverse Activities
Final Report will assemble the docnments as given in the table below which are generated and
maintained throughout the life cycle of the project in their approved version at the time of
their delivery date.
PBS
code
Eiement
Providing
entity
4.1.1
Project Management activities
F4E/EU-HT
4.1.2
-
Management & Control : LIPAc General Schedule, Milestones
foilow up, Reporting tools (Work program me, Project Pian,
Animai reports)
-
QA : IFMIF CQMS, DMS tool, IMS tools, LIPAc procedures
System engineering activities
F4E/EU-HT
Safety : calcnlations and reports
Bearti Dynamics : calculations and reports
System Design : LIPAc DMU, Tnterfaces design (bascd on
IMS), LIPAc P1D
Contribution to Alignment Process
4.2. Docuinentation providcd
The only docnments to be provided in the trame of this PA are the Intermediate and Final
reports as described in the article 4.1 of this Annex B.
5. Acceptance
After a specitlc internai review process in conformance with the LIPAc EU-HT QMS, ali
docnments related to Project Management and System engineering will be uploaded into
DMS in accordance to reviewing procedures defined by the IFMIF CMQS.
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Tlie LIPAC Transverse Activities Intermediate Report and the L1PAC Transverse Activities
Final Report which assemble these documents in their approved version as available at the
time of the submission of the reports will be reviewed with respect to their completeness, their
actuality and validity in the standard reviewing process for deliverables as defined by the
IFMIFCMQS.
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