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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on July 19, 2010 and June 28, 2010; Entered into Force on July 19, 2010.
 
ARTICLE I – SCOPE
This Implementing Arrangement describes the technical activities
to be undertaken by the American Institute in Taiwan (AIT),
through its designated representative, the Office of Operational
Systems (OOS) of the National Weather Service (NWS) of the
National Oceanic and Atmospheric Administration (NOAA),
including the provision of NWS operations, maintenance, and
reconditioning support for the Weather Surveillance Radar
(WSR-88D) system owned and operated by Central Weather Bureau
(CWB), the designated representative of the Taipei Economic and
Cultural Representative Office in the United States (TECRO). All
services will be provided on a reimbursable basis.

ARTICLE II – AUTHORIZATION
The activities described in this Implementing Arrangement will
be carried out under the general terms and conditions
established by the Agreement between TECRO and AIT for technical
cooperation in scientific and weather technology systems support
signed in 1998 (hereinafter referred to as “ the Agreement ”
). This Implementing Arrangement is hereby attached to that
Agreement and becomes part of the Agreement.

ARTICLE III – SERVICES
The operations, maintenance, and reconditioning support for the
WSR-88D system is directed toward four general areas:

o operations, maintenance, and engineering documentation;
o hardware and software enhancements/replacements;
o reconditioning support; and
o maintenance training.

These support activities will include the following tasks:

Task #1 - Provision of Operations, Maintenance, and Engineering
Documentation to TECRO ’ s designated representative, CWB

AIT ’ s designated representative, NOAA/NWS, will provide TECRO
’ s designated representative, CWB, with applicable updates to
operator handbooks and documentation related to the WSR-88D on a
reimbursable basis. In addition, NOAA/NWS will provide CWB with
applicable updates to technical manuals and engineering data
required for on-site maintenance of the WSR-88D. Manuals,
updates, and documentation will be in the English language.

Task #2 - Provision of Hardware and Software Enhancements/
Replacements to TECRO ’ s designated representative, CWB

AIT ’ s designated representative, NOAA/NWS, will provide TECRO
’ s designated representative, CWB, at cost, with applicable
hardware and software enhancements developed and/or procured for
the WSR-88D. NOAA/NWS will provide English language installation
and modification instructions and notes. This includes
adaptation data and maps, diagnostic software, and operating and
applications software.

Task #3 - Provision of Reconditioning Support to TECRO ’ s
designated representative, CWB

On a reimbursable basis, AIT ’ s designated representative,
NOAA/NWS shall provide TECRO ’ s designated representative, CWB
with replacement and depot repair of line replaceable units for
WSR-88D hardware. To receive the same level of logistics and
reconditioning support as is provided the NWS systems, the CWB
must purchase, as a minimum complement of on-site spares, the
same parts contained in the WSR-88D System Recommended On-Site
Spares List contained in Table 3-3 of the Integrated Logistics
Support Plan.

In addition, due to the time required to ship and return failed
parts and the subsequent negative impact on the spares pipeline,
TECRO ’ s designated representative, CWB, shall, at a minimum,
purchase a complete set of radio frequency dependent spare parts
to be located at the NOAA National Logistics Supply Center and
another complete set to be used by CWB as on-site spares. AIT ’
s designated representative, NOAA/NWS shall provide CWB with all
consumables centrally stocked by NWS. CWB shall return
defective, repairable Line Replaceable Units to NRC as soon as
practical.

Conditions for Providing Service
In order for AIT ’ s designated representative, NOAA/NWS/OOS to
provide the services listed, the following conditions must be
met by the host of the radar being supported:
A. all customs clearances must be coordinated and all taxes and
costs for shipment of WSR-88D equipment, parts, and
consumables to and from Taiwan must be paid;
B. the systems(s) must be maintained in a standard
configuration. Should the NEXRAD(s) configuration violate the
NWS single channel baseline, the NWS will not be required to
support the non-configuration designated items. In addition,
the NWS will be unable to guarantee that standard
configuration LRUs, software, and modifications to the system
will operate properly;
C. NOAA standard, peculiar and common support equipment must be
purchased;
D. the same parts contained in the WSR-88D System Recommended
On-Site Spares List contained in Table 3-3 of the ILSP must
be purchased as a minimum complement of on-site spares; a
complete set of radio frequency dependent spare parts must be
purchased as on-site spares, and an additional set of radio
frequency dependent spare parts must be purchased and stocked
at the NOAA National Logistics Supply Center;
E. prescribed and standard NWS maintenance practices,
procedures, policies, and schedules must be followed; and
F. a point of contact to establish map overlay requirements, in
particular to determine what features will be included in the
coverage area for Taiwan, must be provided.

ARTICLE IV - FINANCIAL PROVISIONS
In accordance with the Agreement, AIT, through it designated
representative, NOAA/NWS/OOS, is undertaking this work for
TECRO. TECRO agree to reimburse AIT for all costs incurred in
association with this Implementing Arrangement, including
applicable DOC/NOAA/NWS overhead costs and all taxes levied on
WSR-88D equipment, parts, and consumables shipped to or from
Taiwan.

The total costs for activities described in this Implementing
Arrangement are dependent on variables such as frequency and
extent of documentation updates; frequency and cost of hardware
and software enhancements/replacements; and system failure
rates. As such, it is impossible to project in advance the
actual charges for the services provided. NWS estimates that the
average net reconditioning and replacement parts costs for a
WSR-88D are $75,000 per year and that the average annual cost
per system for consumables is $10,000. The average cost for
operating system and applications software loads is estimated at
$7,500per site. The estimated cost of updates to technical
documentation, including operations manuals, is $5,000. The cost
of hardware updates required to maintain a standard
configuration varies from upgrade to upgrade as does their
frequency; therefore, no average cost can be estimated. The
costs of providing major hardware and software enhancements must
be paid prior to shipment, due to the variability in the expense
and frequency of this support. NOAA/NWS agrees to give TECRO ’
s designated representative, CWB, at least a 90-day notification
of upcoming major hardware and software
enhancements/replacements and 18 months for major Configuration
Item (CI) replacements such as the Dual Polarization Upgrade.
All costs are estimated in U.S. dollars. Costs for all
operations, maintenance, and engineering documentation, and for
all reconditioning support will be billed on an annual basis
annual basis.

Any and all obligations of AIT and its designated
representative, NOAA, under this Implementing Arrangement are
subject to the availability of appropriated funds. Nothing in
this Implementing Arrangement will be construed by the parties
to require the obligation, appropriation, or expenditure of any
Federal funds. Before the beginning of every second fiscal year
after this Implementing Arrangement comes into effect, AIT ’ s
designated representative, NOAA, shall notify TECRO ’ s
designated representative, CWB, in writing whether sufficient
appropriated funds are available to cover the estimated costs to
NOAA of providing goods and services hereunder for the next 2
fiscal years (excluding the cost of hardware and software
enhancements). If NOAA's notification states that insufficient
funds are available, NOAA shall be under no obligation to
provide goods or services hereunder until sufficient
appropriated funds are made available. Under no circumstances
shall AIT or NOAA be liable to TECRO, CWB, or any other entity
for any failure to provide goods or services under this
Implementing Arrangement owing to the unavailability of
appropriated funds.

ARTICLE V - EFFECTIVE DATE, AMENDMENT, AND TERMINATION
This Implementing Arrangement is effective on the date of the
last signature hereto and will terminate five years from the
date of the last signature. This Implementing Arrangement may be
amended and/or terminated by either party in accordance with the
terms of the Agreement. This Implementing Arrangement will be
reviewed every 3 years at which time the parties and their
designated representatives will determine whether any revisions
should be made to the Implementing Arrangement.

FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE IN
CULTURAL REPRESENTATIVE TAIWAN
OFFICE IN THE UNITED STATES
TaTung Chang
Deputy Representative Barbara J. Schrage
July 19, 2010 Managing Director
June 28, 2010
Web site:Laws & Regulations Database of The Republic of China (Taiwan)