Common use of Eligibility Restrictions Clause in Contracts

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out the proceeds of the Interim Fund Credit. General Provisions 1. The Borrower shall maintain: (a) the Capacity Building Coordinating Committee (CBCC), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress of the Project, and address policy issues arising in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for overall coordination of implementation of the Project. 2. The Borrower shall maintain, in each of the eight provinces that comprise RDCs: (a) a Provincial Development Committee to monitor on a continuing basis the activities undertaken by RDCs under the Project; and (b) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, to support the Provincial Development Committee and facilitate improvements in the planning, implementation and management processes of RDCs. 3. The Borrower shall: (a) prepare and transmit to the Administrator: (i) a Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out the Project in accordance with procedures set out in the Project Implementation Manual and the Project Operational Manual, and, except as the Administrator shall otherwise agree, shall not amend or waive any provision thereof, if such amendment or waiver may, in the opinion of the Administrator, materially or adversely affect the implementation of the Project. 4. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred to in paragraph 3 (a) (i) of this Schedule, the carrying out of the Project and the achievement of the objectives thereof; (b) not later than October 31, 1998, undertake, in conjunction with the Administrator and Eligible RDCs, a midterm review of the Project, during which they shall exchange views generally on all matters relating to the progress of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation of the Project, having regard to the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projects; and (iv) review of the progress achieved in the implementation of the Borrower’s decentralization policy; (c) not later than one month prior to the midterm review, furnish to the Administrator, for its comments, a report, in such detail as the Administrator shall reasonably request, on the progress and status of the Project, and giving details, of the various matters to be discussed at such review; and (d) following the midterm review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to take, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or cause Eligible RDCs to implement, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Project. (a) The Borrower shall, not later than one month prior to the beginning of each fiscal year, submit to the Administrator, for review and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as the Administrator may require. (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual progress reports on the status of the Project, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For purposes of Parts A and B of the Project, an RDC shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-project. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out the proceeds of the Interim Fund Credit. General Provisions. 1. The Except as the Administrator shall otherwise agree, the Borrower shall maintain: (a) carry out the Capacity Building Coordinating Committee (CBCC), whose functions, composition Project in accordance with the Project Implementation Manual and terms shall not amend or waive any provision thereof without the prior approval of reference shall be acceptable to the Administrator, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress of the Project, and address policy issues arising in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for overall coordination of implementation of the Project. 2. The Borrower shall maintain, in each maintain until the completion of the eight provinces that comprise RDCsProject: (a) a Provincial Development Committee Project supervisor, and a Project chief in MEM, the latter with experience, qualifications and terms of reference satisfactory to monitor on a continuing basis the activities undertaken by RDCs Administrator; (b) the monitoring committee referred to in Section 6.01 (e) of this Agreement, under the Projectchairmanship of a representative of MEM and comprising representatives of MEE, MEF and other ministries as called upon from time to time, in accordance with their respective relevance to Project implementation; and (bc) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, to support the Provincial Development Committee and facilitate improvements in the planning, implementation and management processes of RDCs. 3. The Borrower shall: (a) prepare and transmit to the Administrator: (i) a Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out the Project in accordance with procedures set out in the Project Implementation Manual and the Project Operational Manual, and, except as the Administrator shall otherwise agree, shall not amend or waive any provision thereof, if such amendment or waiver may, in the opinion of the Administrator, materially or adversely affect the implementation of the Project. 4. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred to in paragraph 3 Section 3.04 (a) (i) of this ScheduleAgreement, the carrying out of the Project and the achievement of the objectives thereof. 3. The Borrower shall: (a) furnish to the Administrator quarterly progress reports, in such scope and detail as the Administrator shall reasonably request, the first such report to be furnished to the Administrator not later than three months after the Effective Date; (b) review, every six months, beginning nine months after the Effective Date, applications for training under Part A.2 (a); Part B.1 (b) and 2 (c); and Part C.1 (a), (c), (d) and 3 of the Project, in accordance with guidelines satisfactory to the Administrator, and submit its recommendations for training for the Administrator’s approval; (c) undertake, jointly with the Administrator, before the end of the first quarter of each calendar year, annual reviews of the progress made in Project implementation, such review to examine the proposed work program for the following year, the budget allocated to said program and the implementation performance during the preceding year, having regard to the Project performance indicators referred to in Section 3.04 (a) (i) of this Agreement; (d) apply, in relation to the review referred to under the preceding subparagraph (c), the procedures specified in Article 3.04 (b) of this Agreement relative to the midterm review; (e) establish, according to recommendations, acceptable to the Administrator, of feasibility studies previously furnished to the Administrator, the pilot unit referred to in subparagraph (e) of paragraph 1 of Part B of the Project, and the pilot center referred to in paragraph 3 of Part D of the Project; and (f) implement the work program for the following year as approved after the review referred to in subparagraph (c) of this paragraph. 4. The Borrower shall: (a) not later than two years after the Effective Date, implement the actions, provide training and carry out the studies, as the case may be, referred to under Parts A, B.1, 2 and C.3 of the Project; (b) not later than October 31three years after the Effective Date, 1998, undertake, implement the national environmental information system referred to in conjunction with the Administrator and Eligible RDCs, a midterm review Part C.2 of the Project, during which they shall exchange views generally on all matters relating to the progress of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation of the Project, having regard to the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projects; and (iv) review of the progress achieved in the implementation of the Borrower’s decentralization policy; (c) not later than one month prior to four years after the midterm reviewEffective Date, furnish to implement the Administrator, for its comments, a report, in such detail as the Administrator shall reasonably request, on the progress and status national system of the Project, and giving details, of the various matters to be discussed at such review; and (d) following the midterm review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to take, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or cause Eligible RDCs to implement, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Project. (a) The Borrower shall, not later than one month prior to the beginning of each fiscal year, submit to the Administrator, for review and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as the Administrator may require. (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual progress reports on the status of the Project, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures earth science information referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For purposes of Parts A and B B.4 of the Project, an RDC shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-project. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out the proceeds of the Interim Fund Credit. General Provisions. 1. The Borrower shall maintain: shall: (ai) implement Part A of the Capacity Building Coordinating Committee Project, through PCU, (CBCC)ii) cause AGETIPE-MALI to implement Parts B and C of the Project, whose functions, composition and terms of reference shall be acceptable (iii) cause EDM to the Administrator, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress implement Part D of the Project, and address policy issues arising (iv) cause ACI to implement Part E of the Project, all in accordance with the course Project Implementation Plan and with the Environmental Mitigation Plan. PCU shall be responsible for the overall coordination of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference . MCC shall be acceptable to the Administrator, to be responsible for overall coordination the supervision of the implementation of Part C of the Project. 2. The Before the beginning of each Project Year, for the purposes of Part B of the Project, the Borrower shall maintain, in enter into a Contrat de Ville with the local government of each of the eight provinces that comprise RDCs: (a) a Provincial Development Committee Project Cities, under terms and conditions acceptable to monitor on a continuing basis the activities undertaken by RDCs under the Project; and (b) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, to support the Provincial Development Committee and facilitate improvements in the planning, implementation and management processes of RDCsAdministrator. 3. The Borrower shall: (a) prepare and transmit maintain, or cause to the Administrator: (i) a Project Implementation Manualbe maintained, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out the Project in accordance with procedures set out in the Project Implementation Manual and the Project Operational Manual, and, except as the Administrator shall otherwise agree, shall not amend or waive any provision thereof, if such amendment or waiver may, in the opinion of the Administrator, materially or adversely affect the implementation of the Project. 4. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred satisfactory to in paragraph 3 (a) (i) of this Schedulethe Administrator, the carrying out of the Project and the achievement of the objectives thereof; (b) not later than October 31, 1998, undertake, in conjunction with furnish to the Administrator for its review and Eligible RDCs, a midterm review comments quarterly progress reports on the status of the Project, during which they shall exchange views generally on all matters relating to the progress of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation of the Project, having regard to the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projects; and (iv) review of the progress achieved in the implementation of the Borrower’s decentralization policy; (c) not later than July 15 of each year, commencing on July 15, 1997, undertake, in conjunction with the Administrator, AGETIPE-MALI, ACI, EDM and the local governments of the Project Cities, a joint annual review on all matters relating to the Project and, in particular, the progress achieved during the current fiscal year, having regard to the monitoring indicators referred to in subparagraph (a) of this paragraph; (d) not later than one month prior to the midterm each annual review, furnish to the Administrator: (i) for its approval, a proposed annual work program, including a proposed budget and financing plan, for the forthcoming fiscal year, and (ii) for its commentsreview, a report, report in such detail as the Administrator shall reasonably request, on the progress and status of the Project, and giving details, of Project during the various matters to be discussed at such reviewcurrent year; and (de) following the midterm each annual review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to takeassist ACI, EDM, and AGETIPE-MALI in taking, any corrective action deemed necessary to remedy any shortcoming noted identified in the implementation of the Project, or to implement, or cause Eligible RDCs to implementassist ACI, EDM and AGETIPE-MALI in implementing, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Project. (a) The Borrower shall, not later than one month prior to the beginning of each fiscal year, submit to the Administrator, for review and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as the Administrator may require. (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual progress reports on the status of the Project, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For purposes of Parts A and B of the Project, an RDC shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-project. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out the proceeds of the Interim Fund Credit. General ProvisionsProject Coordination 1. The Borrower policy coordination of all Project implementation activities shall maintain: (a) the Capacity Building Coordinating be carried out by an interministerial Project Policy Coordination Committee (CBCCPPCC), whose functionscomprising representatives from MOF, composition MOFA, MLGRD, Ministries of Works and terms of reference Housing, Environment, Science and Technology, Trade and Industries, Employment and Social Welfare, and Roads and Highways. PPCC shall provide overall policy guidance and advise the various implementing agencies accordingly. PPCC shall be acceptable to chaired by the AdministratorMinister for Food and Agriculture, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress of the Projector his designate, and address policy issues arising shall meet at least once in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for overall coordination of implementation of the Projecteach year. 2. At the technical level, coordination shall be carried out through the NTSC, comprising representatives of MOFA, MLGRD, CWSD, as well as, DFR, GNAFF, NBSSI, the Department of Cooperatives, GIDA and GAPVOD. The Borrower Chief Director of MOFA shall maintainchair NTSC, in each of the eight provinces that comprise RDCs: (a) a Provincial Development Committee to monitor on a continuing basis the activities undertaken by RDCs under the Project; and (b) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, National Project Coordinator shall serve as the Secretary. NTSC shall meet semiannually to support review the Provincial Development Committee work program and facilitate improvements in progress reports on the planning, implementation Project and make recommendations to management processes of RDCs.on the actions required to achieve Project targets. Project Implementation 3. The Borrower shall, for purposes of carrying out the Project, establish and maintain a Rural Infrastructure Coordinating Unit (RICU) in MOFA, with primary responsibility for coordinating implementation support to the District Assemblies and community groups and associations. RICU shall have broad autonomy in implementing the work program agreed upon with the PPC and NTSC. For purposes of avoiding duplication, the existing Project Unit, established under the Agricultural Sector Investment Project (Credit No. 2555 GH), shall be integrated into RICU to become a single implementation unit for rural infrastructure. RICU shall be headed by a National Coordinator, selected by MOFA, supported by relevant technical staff, including a rural infrastructure engineer and an institutions specialist, all under terms of reference and with qualifications and experience satisfactory to the Administrator and appointed in accordance with procedures under Section II of Schedule 3 to this Agreement. 4. RICU shall: (a) prepare implement technical and transmit to the Administrator: (i) a Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes institutional strengthening aspects of the Project, andincluding ensuring that Project actions and interventions complement those of other similar projects in the sector; (iib) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements be responsible for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteriatimely reporting, monitoring and evaluation processesevaluation, applicable procurement, disbursement and other impact assessments; (c) establish and maintain a management information system to provide up-to-date information on the status of implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, subprojects in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditionsvarious zones; and (bd) carry out provide policy and technical liaison with the PPCC and NTSC. 5. The Borrower shall establish four decentralized zonal project offices to strengthen village-level institutions, Zone 1 with head office in Tamale for the Northern, Upper East and Upper West Regions; Zone II with head office in Kumasi for the ▇▇▇▇▇▇▇ and ▇▇▇▇▇ Ahafo Regions; Zone III with head office in Cape Coast for the Central and Western Regions; and Zone IV with head office in Accra for Greater Accra, the Eastern and Volta Regions. Each Zonal Project in accordance Office shall be headed by a Zonal Project Coordinator, with procedures set out in relevant technical and administrative staff. 6. Day-to-day responsibility for Project implementation at the district level shall be the responsibility of each DA with technical oversight of the respective zonal office. The District Executive Committee and its administrative offices shall be strengthened for purposes of Project Implementation Manual and implementation. Public-good Subprojects shall be financed through the Project Operational ManualDACF, and, except based on eligible Subprojects from the District Development Plan. Private-good Subprojects shall be financed through the DRIF. 7. Except as the Administrator shall otherwise agree, the Borrower shall, in carrying out the Project, apply the guidelines and procedures specified in the Project Implementation Manual and shall not amend assign, amend, abrogate or waive the Project Implementation Manual or any provision thereof, if such amendment or waiver maythereof which, in the opinion of the Administrator, will materially or adversely affect the implementation of the Project. 48. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred satisfactory to in paragraph 3 (a) (i) of this Schedulethe Administrator, the carrying out of the Project and the achievement of the objectives thereof; (b) not later than October prepare, under terms of reference satisfactory to the Administrator, and furnish to the Administrator, on or about December 31, 1998, undertake, in conjunction with a report integrating the Administrator and Eligible RDCs, a midterm review results of the Projectmonitoring and evaluation activities performed pursuant to paragraph (a) of this Section, during which they shall exchange views generally on all matters relating to the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation achievement of the Project, having regard to objectives thereof during the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projectsperiod following such date; and (ivc) review of the progress achieved in the implementation of the Borrower’s decentralization policy; (c) not later than one month prior to the midterm review, furnish to with the Administrator, for its commentsby June 30, a report1999, in or such detail later date as the Administrator shall reasonably request, on the progress and status report referred to in paragraph (b) of this Section and, thereafter, take all measures required to ensure the efficient completion of the Project, Project and giving details, of the various matters to be discussed at such review; and (d) following the midterm review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to take, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or cause Eligible RDCs to implement, such other measures as may have been agreed upon between the parties in furtherance achievement of the objectives thereof, based on the conclusions and recommendations of the Project. (a) The Borrower shall, not later than one month prior to the beginning of each fiscal year, submit to the Administrator, for review and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as the Administrator may require. (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual progress reports on the status of the Project, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For purposes of Parts A and B of the Project, an RDC shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower said report and the Administrator, and deposited therein ’s views on the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-projectmatter. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out the proceeds of the Interim Fund Credit. General Provisions. 1. The Borrower shall maintain: (a) the Capacity Building Coordinating a National ECD Implementation Committee (CBCCNECDIC), to be chaired by the Permanent Secretary, ▇▇▇▇▇▇, and whose functions, composition and terms of reference shall be acceptable to the AdministratorAdministrator Association, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review and approve proposed work plans and budgets, review the progress of the Project, Project and address policy issues arising in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD an intersectoral District ECD Implementation Committee (CBUDECDIC), whose functions, composition and terms of reference shall to be acceptable to chaired by the AdministratorDistrict Education Officer in each Selected District, to be responsible for overall coordination of implementation the activities of the ProjectProject in the Selected District. 2. The Borrower shall maintain, in each of the eight provinces that comprise RDCsdesignate: (a) a Provincial Development Committee the Permanent Secretary, ▇▇▇▇▇▇, to monitor on a continuing basis have overall responsibility for the activities undertaken by RDCs under management and coordination of the Project; and (b) a Provincial Support Teamsuitably qualified and experienced official to be head of PPE and Project Coordinator and, consisting of a team leader and the requisite number of facilitatorsas such, to support be responsible for the Provincial Development Committee day-to-day management of the Project, including coordination of procurement, disbursement and facilitate improvements in accounting activities, preparation of annual work plans and budgets, progress reports, supervision of the planningrecruitment and performance of consultants, implementation and management processes to act as secretary of RDCsNECDIC. 3. The Borrower shall: (a) prepare shall take appropriate steps to address the staffing requirements of NACECE, DICECEs and transmit PPE and, to this end, shall proceed to fill, and thereafter to keep filled at all times, the Administrator: (i) a positions identified in the Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as . 4. The Borrower shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out the Project in accordance with procedures set out in the Project Implementation Manual and the Project Operational Manual, and, except as the Administrator Association shall otherwise agree, shall not amend amend, abrogate or waive any provision thereof, if such amendment amendment, abrogation or waiver may, in the opinion of the AdministratorAdministrator Association, materially or adversely affect the implementation of the Project. 45. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred to in paragraph 3 (a) (i) of this Schedulethe Project Implementation Manual, the carrying out of the Project and the achievement of the objectives thereof; (b) not later than October 31, 1998February 28 of each year, undertake, in conjunction with the Administrator Association and Eligible RDCsSelected NGOs, a joint annual review of the Project (or, in the case of the annual review to be undertaken not later than February 28, 1999, a midterm review of the Projectreview), during which they shall exchange views generally on all matters relating to the progress of the Project and the performance by the Borrower and Eligible RDCs of their its respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation of the Project, having regard to the performance indicators referred to in paragraphs 3 (a) (i) paragraph and 4 5 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year;; and (iii) the performance of Eligible RDCs in the implementation of Sub-projects; and (iv) review case of the progress achieved midterm review, proposals for such strategic adjustments to the Project as may be deemed necessary or appropriate in the implementation furtherance of the Borrower’s decentralization policyobjectives of the Project; (c) not later than one month prior to the midterm each annual review, furnish to the AdministratorAdministrator Association, for its comments, a report, in such detail as the Administrator Association shall reasonably request, on the progress and status of the Project, Project and giving details, in particular, of the various matters to be discussed at such review; and (d) following the midterm each annual review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs Selected NGOs to take, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, Project or to implement, or cause Eligible RDCs Selected NGOs to implement, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Project. 6. The Borrower shall submit to the Administrator Association, for its review or approval, as the case may be: (a) The Borrower shall, not later than one month prior to the beginning January 31 of each fiscal year, submit to the Administrator, for review and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and training activities and such other particulars as the Administrator Association may require., including, where applicable, an evaluation of the results of the training program for the current fiscal year; (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual semiannual progress reports on the status of the ProjectProject to be submitted not later than January 31 and July 31 of each year, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreementincluding semiannual procurement reports, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants onlygiving details of: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of revised cost estimates for individual contracts and for the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A including best estimates of the Projectallowances for price contingencies; (ii) except as the Administrator may otherwise agreerevised timing of procurement actions, the amount including advertisingadvertizing, bidding, contract award and completion time for individual contracts; (iii) status of each Grant shall not exceed $250,000 equivalent in any fiscal yearcompliance with aggregate limits prescribed for specific procurement procedures; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing reports, as needed, on the award of contracts under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For the purposes of Parts A and B Part F of the Project, an RDC the Borrower shall be deemed eligible for a Grant or a Loan, as the case may be, if: establish: (a) it has had its annual investment plan for a Monitoring and Evaluation Working Group, to be chaired by the forthcoming fiscal year evaluated Head of Monitoring and approved in accordance with Evaluation of MOEMoE, and comprising representatives of concerned agencies and entities, to oversee monitoring and evaluation activities at the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manualnational level; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-project. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn only on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and or works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out of the proceeds of the Interim Fund Credit. General Provisions. 1. The Borrower shall maintain: (a) the Capacity Building Coordinating Committee (CBCC), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress of the Project, and address policy issues arising in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for overall coordination of implementation of the Project. 2. The Borrower shall maintain, in each of the eight provinces that comprise RDCs: (a) a Provincial Development Committee to monitor on a continuing basis the activities undertaken by RDCs under the Project; and (b) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, to support the Provincial Development Committee and facilitate improvements in the planning, implementation and management processes of RDCs. 3. The Borrower shall: (a) prepare and transmit to the Administrator: (i) a Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out implement the Project in accordance with the procedures set out in the Project Implementation Manual and the Project Operational Manual, PIM and, except as the Administrator shall otherwise agree, the Borrower shall not amend amend, abrogate or waive any provision thereof, if such amendment or waiver maythereof which, in the opinion of the Administrator, may materially or adversely affect the implementation execution of the Project. 4. The Borrower shall:; and (ab) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the PIM and performance indicators referred included in the PIM, satisfactory to in paragraph 3 (a) (i) of this Schedulethe Administrator, the carrying out of the Project and the achievement of the objectives thereof;. (b) not 2. Not later than October May 31, 19981999, undertake, in conjunction with the Administrator and Eligible RDCs, a midterm review of the Project, during which they shall exchange views generally on all matters relating to the progress of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this AgreementSONEG shall carry out jointly with the Administrator, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation of the Project, having regard a comprehensive mid-term review to the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projects; and (iv) review of assess the progress achieved in the implementation execution of the Borrower’s decentralization policy;Project. (ca) not Without any limitation to the generality of the foregoing, the review shall cover the implementation and management aspects of the Project, including policy reforms, the performance and use of the technical assistance personnel, the role and performance of national experts involved in the execution of the Project, the status and results of training, reporting, accounting and audit performance, disbursement and procurement procedures, and the level of amounts deposited into the Project Accounts. (b) Not later than one month thirty (30) days prior to the midterm said mid-term review, the Borrower and SONEG shall furnish to the Administrator, for its comments, a report, report in such detail as the Administrator shall reasonably request, on including an evaluation of the progress and status achieved in implementing the various components of the Project, and giving details, of the various matters to be discussed at such review; and (d) following the midterm review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to take, any corrective a draft action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or cause Eligible RDCs to implement, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Projectplan containing proposals for remedying identified deficiencies. (ac) The Borrower and SONEG shall, not later than one month prior promptly thereafter: (i) prepare and adopt an action plan, acceptable to the beginning Administrator, based on the recommendations stemming from the aforementioned review; and (ii) thereafter, carry out the said action plan for the remaining period of each fiscal yearProject implementation. 3. The Borrower shall take all measures required on its part to conclude, submit with a qualified private operator, contractual arrangements satisfactory to the Administrator, for review the operation and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details management of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as the Administrator may require. (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual progress reports on the status of the Project, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) its sewerage systems in the case city of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For purposes of Parts A and B of the Project, an RDC shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-projectConakry. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 of the Consultant Guidelines, only consultants from Participating Countries shall be eligible to provide services financed out the proceeds of the Interim Fund Credit. General Provisions. 1. The Borrower Environmental Affairs Department in MOREA shall maintain:have the main responsibility for coordinating the ESP, including the Project activities. (a) the Capacity Building Coordinating Committee (CBCC), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress of the Project, and address policy issues arising in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for overall coordination of implementation of the Project. 2. The Borrower shall maintain, in each of the eight provinces that comprise RDCs: (a) a Provincial Development Committee to monitor on a continuing basis the activities undertaken by RDCs under the Project; and (b) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, to support the Provincial Development Committee and facilitate improvements in the planning, implementation and management processes of RDCs. 3. The Borrower shall: (a) prepare and transmit to the Administrator: (i) a Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out the Project in accordance with procedures set out in the Project Implementation Manual and the Project Operational Manual, and, except Except as the Administrator shall otherwise agree, the Borrower shall, in carrying out the Project, apply the guidelines and procedures specified in the PIP and shall not amend the PIP or waive any provision thereof, if such amendment or waiver maywhich, in the opinion of the Administrator, will materially or adversely affect the implementation of the Project. (b) The Borrower shall: (i) not later than January 31, of each year, furnish to the Administrator for approval the draft annual workplan for the Project; and (ii) by March 31 of each year, furnish to the Administrator the final annual workplan. (c) The Borrower shall, not later than January 31 of each year, furnish to the Administrator for information and comments, copies of the workplans for other activities under the ESP, which complement and support the activities under the Project. 3. The Borrower shall, commencing December 31, 1997, furnish to the Administrator: (a) every six months progress reports on implementation of the Project; and (b) every year progress reports on the ESP. 4. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred satisfactory to in paragraph 3 (a) (i) of this Schedulethe Administrator, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Administrator, and furnish to the Administrator, not later than October December 31, 1998, undertake, in conjunction with the Administrator and Eligible RDCs1999, a midterm review report integrating the results of the Projectmonitoring and evaluation activities performed pursuant to paragraph (a) of this Section, during which they shall exchange views generally on all matters relating to the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation achievement of the Project, having regard to objectives thereof during the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projectsperiod following such date; and (ivc) review with the Administrator, by June 30, 2000, or such later date as the Administrator shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the progress achieved in Project and the implementation achievement of the Borrowerobjectives thereof, based on the conclusions and recommendations of the said report and the Administrator’s decentralization policy;views on the matter. (c) 5. The Borrower shall, by not later than one month prior to December 31, 1997, publish guidelines and regulations on environmental impact assessments. 6. The Borrower shall, by not later than December 31, 1997, designate staff in the midterm reviewMinistries and other agencies executing activities under the ESP, with appropriate qualifications and levels of authority as representatives of that Ministry or agency for purposes of the ESP. 7. The Borrower shall, by not later than December 31, 1997, furnish to the AdministratorAdministrator a capacity-building and training program for MOREA, for its comments, a report, the staff designated in such detail as the Administrator shall reasonably request, on the progress paragraph 6 above and status of the Project, and giving details, of the various matters environmental focal points in other institutions designated by MOREA from time to be discussed at such review; and (d) following the midterm review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to take, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or cause Eligible RDCs to implement, such other measures as may have been agreed upon between the parties in furtherance of the objectives of the Projecttime. (a) 8. The Borrower shall, not later than one month prior December 31, 1997, agree to allow communities who have entered into co-management arrangements for forestry and wildlife areas under the beginning ESP to share the revenues earned from the sustainable exploitation of each fiscal year, submit to the Administrator, for review and approval, proposed annual work plans and budget for the forthcoming fiscal year, giving details of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as the Administrator may requirereserves. (b) 9. The Borrower shall, by not later than March 31 31, 1998, complete a functional and September 30 of each year, submit to the Administrator for public expenditure review semi-annual progress reports on the status of the Project, and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds of the Interim Fund Credit provided to Eligible RDCs under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated Forestry Department and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all furnish such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors acceptable review to the Administrator, having regard to the provisions of their respective Participation Agreements and the Project Operational Manual. 7. For purposes of Parts A and B of the Project, an RDC shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-project. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement

Eligibility Restrictions. 1. Notwithstanding the provisions of paragraph 1.6 of the Guidelines, the proceeds of the Interim Fund Credit may only be withdrawn on account of expenditures for goods and works provided by nationals of, and produced in or supplied from, Participating Countries; consequently, nationals of countries that are not Participating Countries and bidders offering goods and works from such countries shall be disqualified from bidding for such contracts, and the bidding documents shall so specify. 2. Notwithstanding the provisions of paragraph 1.02 1.10 of the Consultant Guidelines, only consultants from firms that are registered or incorporated in, and individuals and personal who are nationals of, Participating Countries shall be eligible to provide compete for services financed out of the proceeds of the Interim Fund Credit. General Provisions. 1. The Borrower shall maintain: (a) the Capacity Building Coordinating Committee (CBCC), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for providing overall policy and strategic guidance for the Project and, in particular, to review the progress of the Project, and address policy issues arising in the course of the implementation of the Project; and (b) the Capacity Building Unit of MLGRUD (CBU), whose functions, composition and terms of reference shall be acceptable to the Administrator, to be responsible for overall coordination of implementation of the Project. 2. The Borrower shall maintain, in each of the eight provinces that comprise RDCs: (a) a Provincial Development Committee to monitor on a continuing basis the activities undertaken by RDCs under the Project; and (b) a Provincial Support Team, consisting of a team leader and the requisite number of facilitators, to support the Provincial Development Committee and facilitate improvements in the planning, implementation and management processes of RDCs. 3. The Borrower shall: (a) prepare and transmit to the Administrator: (i) a Project Implementation Manual, acceptable to the Administrator, giving details of all procurement and disbursement arrangements, performance indicators and other administrative, financial and organizational arrangements, as shall have been agreed with the Administrator for purposes of the Project, and (ii) a Project Operational Manual, acceptable to the Administrator, giving details of all procedural arrangements for the preparation and implementation of Sub-projects, including Sub-project identification and appraisal procedures, relevant environmental appraisal criteria, monitoring and evaluation processes, applicable procurement, disbursement and other implementation guidelines, criteria for the determination of Eligible RDCs and selection of sub-projects, model forms of Participation Agreements and Beneficiary Contracts and, in the case of Sub-projects under Part B of the Project, the applicable borrowing capacity appraisal procedures and on-lending terms and conditions; and (b) carry out the Project in accordance with procedures set out in the Project Implementation Manual and the Project Operational Manual, and, except as the Administrator shall otherwise agree, shall not amend or waive any provision thereof, if such amendment or waiver may, in the opinion of the Administrator, materially or adversely affect the implementation of the Project. 4. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with performance indicators referred satisfactory to in paragraph 3 (a) (i) of this Schedulethe Administrator, the carrying out of the Project and the achievement of the objectives thereof; (b) not later than October 31prepare, 1998under terms of reference satisfactory to the Administrator, undertakeand furnish to the Administrator, in conjunction with on or about April 10, 2001 a report integrating the Administrator and Eligible RDCs, a midterm review results of the Projectmonitoring and evaluation activities performed pursuant to paragraph (a) of this Section, during which they shall exchange views generally on all matters relating to the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement, including: (i) the progress achieved by the Borrower and Eligible RDCs in the implementation achievement of the Project, having regard to objectives thereof during the performance indicators referred to in paragraphs 3 (a) (i) and 4 (a) of this Schedule; (ii) a review of the proposed work plans and budget for the forthcoming fiscal year; (iii) the performance of Eligible RDCs in the implementation of Sub-projectsperiod following such date; and (ivc) review of the progress achieved in the implementation of the Borrower’s decentralization policy; (c) not later than one month prior to the midterm review, furnish to with the Administrator, for its commentsby May 15, a report2001, in or such detail later date as the Administrator shall reasonably request, on the progress and status report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project, Project and giving details, of the various matters to be discussed at such review; and (d) following the midterm review, undertake to act promptly and diligently in order to take, or cause Eligible RDCs to take, any corrective action deemed necessary to remedy any shortcoming noted in the implementation of the Project, or to implement, or cause Eligible RDCs to implement, such other measures as may have been agreed upon between the parties in furtherance achievement of the objectives thereof, based on the conclusions and recommendations of the Projectsaid report and the Administrator’s views on the matter. (a) 2. The Borrower shall, not later than one month prior to the beginning of May 31 in each fiscal year, submit review the progress made in implementation of the Project in accordance with a policy framework agreed with the Administrator and shall ensure that all financiers of the PEDP are invited to review meetings. 3. Notwithstanding the provisions of paragraph 1 of this Schedule, the Borrower shall, under terms of reference acceptable to the Administrator, for review and approvalretain no later than December 31, proposed annual work plans and budget 1998, an independent external monitoring team for the forthcoming fiscal year, giving details purposes of proposed budgetary allocations and disbursement estimates, proposed procurement activities, and such other particulars as third party supervision of the Administrator may require. (b) The Borrower shall, not later than March 31 and September 30 of each year, submit to the Administrator for review semi-annual progress reports on the status implementation of the Project, and . 4. The Borrower shall undertake the performance by the Borrower and Eligible RDCs of their respective obligations under this Agreement. Additional Terms and Conditions Governing Loans and Grants 6. Further to Section 3.04 of this Agreement, the proceeds construction of the Interim Fund Credit provided to Eligible RDCs schools under Parts A and B to finance Grants or Loans, as the case may be, shall be subject to the following additional terms and conditions: (a) in the case of Grants only: (i) the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part A of the Project, or to provide Sub-grants to Beneficiaries to finance Sub-projects under Part A of the Project; (ii) except as the Administrator may otherwise agree, the amount of each Grant shall not exceed $250,000 equivalent in any fiscal year; and (iii) each Eligible RDC shall allocate an amount of not less than 10 percent of the amount of its annual Grant to finance community development Sub-projects initiated and implemented by local community groups or organizations, in accordance with criteria specified in the Project Operational Manual; (b) in the case of Loans only, the amount so provided to Eligible RDCs shall be used exclusively to finance Sub-projects under Part B of the Project or, where appropriate, to provide Sub-loans to Beneficiaries to finance Sub-projects under Part B of the Project; (c) no Sub-project shall be considered for financing under the Project, except in accordance with criteria, procedures and terms and conditions, set forth in the Project Operational Manual; (d) goods and services required for the purposes of financing Sub-projects shall be procured in accordance with procedures referred to in Part C of Schedule 3 to this Agreement, and set forth in the Project Operational Manual; (e) no Sub-project shall be considered for financing under the Project, unless (i) the proposed Sub-project has been properly appraised to ensure that it is viable and fully justified, and that the proposed option represents the least-cost alternative; and (ii) the Eligible RDC or the Beneficiary, as the case may be, has made adequate arrangements for the financing of maintenance and other incremental recurrent costs of the Sub-project, if any; (f) every Sub-project proposal shall be classified according to environmental impact category, and subjected to environmental impact assessment, to ensure that: (i) it is fully consistent with environmental criteria set out in the Project Operational Manual, and (ii) where appropriate, mitigation measures designed to minimize adverse effects of proposed Sub-projects are identified and incorporated in the Sub-project design; (g) for purposes of each Sub-project to be executed by a Beneficiary, the Eligible RDC shall conclude a contract with the Beneficiary substantially in the form of the model form provided in the Project Operational Manual, setting forth the respective obligations of the parties thereunder, including details of disbursement schedules and procurement procedures, the amount of the Beneficiary’s counterpart contribution, if any, details of any further safeguards as may be needed for the protection of the environment, and, where appropriate, the right of the Eligible RDC to: (i) require the Beneficiary to carry out the Sub-project with due diligence and efficiency and in accordance with sound technical, financial, managerial and environmental standards and practices, and to maintain adequate records; (ii) obtain all such information as the Administrator or the Eligible RDC shall reasonably request relating to the implementation of the Sub-project and the performance of the Beneficiary thereunder; and (iii) suspend or terminate the right of the Beneficiary to the use of the proceeds of a Grant or Loan upon failure by such Beneficiary to perform its obligations under such contract. (h) the proceeds of a Grant or Loan shall not be used to finance taxes or duties levied on or in respect of Eligible RDC Expenditures, or any part thereof; and (i) Eligible RDCs shall have their administrative, technical and managerial performance for each fiscal year audited by independent auditors mechanism acceptable to the Administrator, having regard to the provisions of their respective Participation Agreements and . 5. The Borrower shall undertake such teacher training programs under the Project Operational Manual. 7. For purposes of Parts A and B of the Project, an RDC as shall be deemed eligible for a Grant or a Loan, as the case may be, if: (a) it has had its annual investment plan for the forthcoming fiscal year evaluated and have been approved in accordance with the Project Operational Manual; (b) it has engaged the requisite number of suitably qualified and experienced personnel, in accordance with the requirements of Section 5.01 of this Agreement and the Project Operational Manual; (c) it satisfies the other eligibility criteria specified in the Project Operational Manual; and (d) in the case of eligibility for a Loan only, it has: (i) successfully undertaken the borrowing capacity assessment procedures prescribed in the Project Operational Manual, and (ii) opened a commercial bank account on terms acceptable to the Borrower and by the Administrator, and deposited therein the equivalent of not less than 10 percent of the total estimated investment cost of the corresponding Sub-project. 1. For the purposes of this Schedule:

Appears in 1 contract

Sources: Interim Fund Development Credit Agreement