4. Contract Award and Contracting Rules

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Assembly and Installation Industry Information Day

Tender Processes and Rules

Françoise Flament

21 May 2015

Disclaimer: The views and opinions expressed herein do not necessarily reflect those of the ITER Organization

Assembly and Installation Information Day – 21 st May 2015

© 2015, ITER Organization

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Table of Contents:

1.

General – ITER Specifics

2.

Overview of the Procurement Process

3.

Overall Schedule

4.

Contract Award and Contracting Rules

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1. General – ITER Specifics

Overall ITER Project Organization

ITER Council

Management Advisory

Committee (MAC)

Scientific &Technical

Advisory Committee

(STAC)

IO-CT

In Cash

Contribution

Procurement

Arrangements

In Kind

Contribution

Contractors

Assembly and Installation Information Day – 21 st May 2015

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7 Members:

China

European Union

India

Japan

Korea

Russia

United States

IO-Domestic

Agencies

In Kind

Contribution

Contractors

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1. General – ITER Specifics

In Kind Procurement Value / Sharing per DA

As of today, 83% of the Procurement are In-kind contributions from DAs

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1. General – ITER Specifics

In-kind Contributions Sharing

China: magnet conductor, correction coils, feeders and supports, blankets, remote handling transfer casks, gas injection system, electrical switchgear, part of diagnostics.

India: in wall shielding, cryostat, cryolines and cryodistribution, heat rejection system, ion cyclotron and startup electron cyclotron heating power supplies, diagnostic neutral beam, part of diagnostics.

• Japan: half the TF coils, most of the TF coil structure, part of the TF and all the CS conductors, part of the first wall, divertor outer target, blanket remote handling equipment, atmosphere detritiation (together with the IO-CT), equatorial electron cyclotron launchers and power supplies, neutral beam components, part of diagnostics.

Korea: part of conductor strands, part of the vessel and vessel ports, blankets, assembly tooling, thermal shield, tritium storage, part of the power supplies, some diagnostics.

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1. General – ITER Specifics

In-kind Contributions Sharing

Russian Federation: PF coils 6 and some PF and TF coil conductor, part of vacuum vessel ports, blankets and connectors, divertor dome and testing, electrical switchgear, part of klystron tubes, part of plasma diagnostics

USA: wind CS coils, part of TF conductor, part of blankets, port limiters, part of the cooling system, part of the vacuum pumping and fuelling system, tokamak exhaust processing, part of the steady power supplies, RF transmission lines, part of plasma diagnostics.

• Europe: includes sharing in most of the above procurements, and all the buildings.

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1. General – ITER Specifics

In-cash contribution to the Project

IO-CT: magnet feeder sensors, diagnostics first wall, hot cell maintenance equipment, on-site assembly of the tritium, atmosphere detritiation system, vacuum, heating, cooling and cryoplant systems, control and data acquisition, part of plasma diagnostics, and assembly operations and tooling.

IO-CT and DAs joint procurement packages: PLCs, cubicles, port plugs, all metal valves, elastomer valves, cables, pipes, etc…

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1. General – ITER Specifics

Nuclear safety and licensing requirements

ITER is a Nuclear facility (Installation Nuclear de Base #174) for which the IO is the Nuclear Operator: French nuclear regulation applies, in particular the Order dated 7th February 2012 concerning nuclear facilities.

The Order applies to all contractors and sub-contractors dealing with structures, systems, components and activities in relation with nuclear safety requirements.

• Evidence of compliance with the regulation must be provided to the IO and

French Safety Authorities.

Technical specifications will include both the nuclear regulatory framework and the nuclear safety requirements.

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Table of Contents:

1.

General – ITER Specifics

2.

Overview of the Procurement Process

3.

Overall Schedule

4.

Contract Award and Contracting Rules

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2. Overview of the Procurement Process

IO-CT Procurement Procedures Principles

• Common guidelines for IO-CT procedures

− Fairness, integrity and transparency,

− Competition,

− Economy and effectiveness,

− Best value for the ITER Project either based on best value for money, or lowest technically compliant offer.

• ITER Project Management Advisory Committee to ITER Council approval thresholds

− > 5 000kEur for works, supply or service contracts,

− > 2 500KEur for framework contracts

− In between two MAC meetings (every 6 months), approval could be sought through written procedure.

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2. Overview of the Procurement Process

Steps of IO-CT Call for Tenders (1/3)

First Step: Call for Nomination

− The IO-CT formally invites the Domestic Agencies to nominate companies that are able to provide required supplies, services or works.

• Second Step: Pre-qualification

− The IO-CT ensures that offers are sought only from companies who have the requested knowledge, experience, financial capabilities and resources to perform the work at the highest satisfactorily level in line with the technical requirements.

− The aim of the pre-qualification is to establish a list of qualified companies based on a set of selection criteria as described in the pre-qualification questionnaire.

− Pre-qualification includes: a summary of the technical specifications, the procurement schedule, selection criteria, the candidate information form, and various templates in order for the candidate to present technical and financial capabilities, declaration of honour form,

QA and safety questionnaires, and any relevant information.

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2. Overview of the Procurement Process

Steps of IO-CT Call for Tenders (2/3)

• Third step: Call for Tender

– The Instructions to Tenderer (ITT) package is sent to all pre-qualified companies/consortia.

– It includes the following documents:

• Instructions to Tenderers (ITTs) , describing:

IO Conditions of Tendering (special and general),

Commercial requirements,

Price breakdown,

Payment schedule,

Risk Register,

Schedule,

Contract management principles,

Award criteria to be used for assessing the technical and financial offers.

• Detailed technical specifications

• Draft contract (Special Conditions and General conditions)

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2. Overview of the Procurement Process

Steps of IO-CT Call for Tenders (3/3)

Tenderers Conference

– Some weeks after the Call for Tender package is launched, IO-CT will organize Tenderers

Conference presenting the ITTs, contractual and technical requirements.

• Submission and Receipt of Tenders

– The Tenderers shall strictly follow the provisions given in the Instructions to Tenderers (ITTs).

– A two-envelope procedure is used whereby the technical and financial tenders are submitted in separate sealed envelopes, with the requested information mentioned on the envelopes.

– Tenders shall arrive at ITER- HQ on time (local time at ITER site). Late Tenders are rejected.

Changes in the composition of a consortium

– Are not allowed, except in case of pre-qualified consortia/companies propose to group together.

But this is subject to IO-CT authorization.

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2. Overview of the Procurement Process

Exchanges During the Process

• Communication

− Communication with the IO is not authorized during the procurement process, except with the Procurement Officer in charge.

• Clarifications

− The Tenderers are authorized to request clarification through written correspondence.

− Answers will be equally and anonymously distributed to all Tenderers .

Oral presentations of the technical offers:

− The Evaluation Committee may require a presentation from the companies or consortia in order to fully understand the technical aspects of the offers.

− Financial data are not part of this presentation.

− All members of a Consortium shall attend the presentation.

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2. Overview of the Procurement Process

Assessment of the Offers

• Technical evaluation

− Determines whether each technical offer meets all technical requirements and specifications,

− Grids are filled in by each voting member for each offer. They include the ranking and justification based on detailed strengths and weaknesses,

− The technical evaluation will result in a technical scoring,

− If a minimum threshold for technical compliance is set in the ITTs, only the tenders meeting this requirement will be brought to the financial evaluation step.

Financial evaluation

− Financial offers are analysed according to the award criteria given in the ITTs.

Technical and financial combination

− According to the award method described in ITTs, the best scoring for the combination of quality and price or the lowest priced offer will be awarded.

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2. Overview of the Procurement Process

Summary of the IO-CT Procurement Process

Call for Nomination (CFN) Prequalification Tender

IO sends the summary of the

Technical

Specifications to

DAs

1.5 month

Each DA sends a table with interested companies to the IO

Sourcing

IO sends a

Prequalification

Package to each company on the list

IO prequalifies companies on the list

1.5 month

Ensure that offers are sought only from suppliers who have the required skills as well as financial capabilities, equipment and experience to perform works or services as described in the technical specifications.

IO sends the

Instructions to

Tenderers to qualified companies

IO assesses the offers and awards the contract

3 to 6 months

Clarifications, Tenderer’s technical offers presentations.

Publicity on the IO Web S ite and DAs’

Sites

Evaluation Committee: Experts, Tenderers' conference, answers to clarifications.

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Table of Contents:

1.

General – ITER Specifics

2.

Overview of the Procurement Process

3.

Overall Schedule

4.

Contract Award and Contracting Rules

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Indicative Procurement Schedule

2015

Industry Information Day

2016

2017

Construction Manager-as-Agent

Call for Nominations and Pre-qualification

Call for Tender

Contract Award

Mechanical & Piping

Call for Nominations and Pre-qualification

Call for Tender

Mobilization

Contract Award

Mobilization

Electrical, I&C, Cabling

Call for Nominations and Pre-qualification

Call for Tender

Contract Award

Mobilization

Machine Assembly

Call for Nominations and Pre-qualification

Call for Tender

Contract Award

Assembly and Installation Information Day – 21 st May 2015

© 2015, ITER Organization

2018

VV-06 (KO)

Mobilization

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Table of Contents:

1.

General – ITER Specifics

2.

Overview of the Procurement Process

3.

Overall Schedule

4.

Contract Award and Contracting Rules

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4. Contract Award and Contracting Rules

Construction Management

IO is considering NEC3 type of Contract (to be confirmed)

– Facilitates the implementation of sound project management principles and practices,

– As well as defining legal relationships,

– Provides clarity and flexibility, effective control of changes,

– Spirit of mutual trust and cooperation.

Priced contract or Target contract with activity schedule

– Prices for each activities or group of activities which have been completed,

– Based on 2 scenarios frozen for the tender “Baseline” and “Late finish”.

– Mobilization period,

– Activity schedule reviewed periodically.

Selection to be based upon Price and Technical Proposal

– Organization, capacity, resources, proven knowledge and experience in large scale projects.

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4. Contract Award and Contracting Rules

Machine Assembly Contract

• FIDIC Red Book Construction Contract

– Building and Engineering Works Designed by the Employer

– IO is the Employer

• Pricing to be based upon Cost-plus (To be confirmed)

– Incentives and target costs

Selection to be based upon Price and Technical Proposal

– Approach, organization, capacity, resources, proven experience etc…

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4. Contract Award and Contracting Rules

Works Contracts

• FIDIC Red Book Construction Contract

– Building and Engineering Works Designed by the Employer

– IO is the Employer

Pricing to be based upon unit prices for standard items

– Tender will include scenarios on estimated quantities

– Periodic adjustments based upon location, complexity etc.

• Pricing as Cost-plus for special, non-standard works

− Target costs and incentives

Selection to be based upon Price and Technical Proposal

– Approach, organization, capacity, resources, proven experience etc…

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4. Contract Award and Contracting Rules

• Companies may bid for multiple contracts but shall only be awarded one contract

– Applies to single contractor or consortia members,

– Companies awarded a contract, or any consortium they are member of, shall be withdrawn from later tenders.

Expected Order of Tender

1. Construction Manager

2. Machine Assembly Works

3. Mechanical and Piping Works

4. Electrical, Cabling and I&C Works

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4. Contract Award and Contracting Rules

Construction Manager

− Sub-contracting limited to:

• ONE level

• Less than 30% of contract value

− Pre-qualification based upon consortium members capacity and experience. It does not include sub-contractors.

Construction

Management

Contractor

− Awarded consortium member or sub-contractor shall not participate in works contracts

Sub-contracting

<30% of contract value

Prime/consortia

Prequalification

Single level of sub-contractors

Sub-sub contracting not permitted

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4. Contract Award and Contracting Rules

Works Contracts

− Sub-contracting limited to:

• ONE level.

• Less than 10% of contract value for any single works contract for a single sub-contractor. No more than 50% total.

− Prequalification will include consortium members and subcontractors. A letter of intention will be required for the subcontractors.

Prime/Consortia

Works Contractors

Sub-contractor

<10%

Sub-contractor

<10%

− Changes in identified sub-contractors only permitted with authorisation by IO and following re-qualification

− e.g. due to a conflict of interest.

− Same rules apply to parent companies or subsidiaries.

Included in Prequalification

Sub-sub contracting not permitted

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Other Information

• Doing Business in France

W@I: Welcome Around ITER Partnership

– A strong regional network has been deployed to welcome international leaders, high-tech companies, specialized laboratories and SMEs and provide them with services matching their needs.

• Immigration and workers accommodation : Agence ITER France

• Industrial partnerships, subcontracting, local support : C2I - French ITER Industrial

Committee

• Local recruitment and training: Pôle Emploi and PACA Mode d’Emploi

• Business setup: WOIC (Welcome Office for International Companies)

– More information: http://welcome-around-iter.com

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• Read more on the IO Procurement Web Site

www.iter.org - Procurement / General information

iopcd@iter.org - Point of contact

• Please send all questions to:

assemblyinfoday@iter.org

Replies to all questions received within 2 weeks will be published on the ITER web site and sent to all attendees

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Thank You for Your Attention

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