Common use of Procurement Agent Clause in Contracts

Procurement Agent. MCA-Benin II has engaged a Procurement Agent to carry out and/or certify specified procurement activities in furtherance of the Compact and this Agreement. MCA-Benin II has entered into an agreement with the Procurement Agent dated as of September 1, 2015, in form and substance satisfactory to MCC, that sets forth the roles and responsibilities of the Procurement Agent with respect to the conduct, monitoring and review of procurements and other appropriate terms and conditions (such agreement, and any subsequent agreement with a Procurement Agent as may be entered into by MCA-Benin II, the “Procurement Agent Agreement”). Unless MCC agrees otherwise in writing, the Procurement Agent will be a third party, independent of the Government. Publicity and Transparency.‌ (a) Subject to Section 2.12, MCA-Benin II will give appropriate publicity to the Compact as a program to which the United States, through MCC, has contributed, including by identifying Program Activity sites, and marking Program Assets, all in accordance with MCC’s Standards for Global Marking. Upon the termination or expiration of the Compact, the Government, upon MCC’s request, will cause the removal of any such references and markings on the MCA-Benin II Website or in any Government or MCA-Benin II publicity materials. (b) MCA-Benin II will make information concerning implementation of the Compact publicly available, including by posting the following documents in English and French (unless MCC agrees otherwise in writing), on the website operated by MCA-Benin II (the “MCA-Benin II Website”), all to the extent contemplated by and in accordance with the Governance Guidelines: (i) Compact, (ii) this Agreement, (iii) minutes of the meetings of the Board, and minutes of the meetings of the Stakeholders Committees as they relate to MCA-Benin II; (iv) the M&E Plan, along with periodic reports and final evaluations on Program performance; (v) all environmental and social impact assessments and resettlement action plans for the Projects and supporting documents; (vi) all social and gender assessments and the Social and Gender Integration Plan; (vii) all audit reports by an Auditor and any periodic reports or evaluations by a Reviewer; (viii) all Disbursement Requests; (ix) all reports required to be submitted to MCC under the terms of this Agreement (including the reports required under Section 2.8(a)); (x) all procurement policies and procedures (including standard bidding documents, procurement plans, contracts awarded and the BCS) and any other procurement documents required to be made publicly available under the MCC Program Procurement Guidelines; (xi) a copy of any legislation or other documents related to the formation, organization or governance of MCA-Benin II (except to the extent classified), including the Governing Documents and any amendments thereto; and (xii) such other materials as MCC may request; provided, however, that any press release or announcement regarding MCC or the fact that MCC is funding the Program or any other publicity materials referencing MCC will be subject to MCC’s prior approval and must be consistent with any instructions provided by MCC in relevant Implementation Letters. (c) Notwithstanding Section 2.11(b), information relating to procurements prior to the award of a contract and confidential information relating to MCA-Benin II’s agreements with employees, contractors and consultants will be excluded from the information and documents made publicly available; provided, however, that MCC and MCA-Benin II will mutually determine whether any information to be excluded is confidential. Branding and Enforcement.‌ (a) Subject to Section 5.7(d), MCC hereby grants MCA-Benin II a revocable, royalty- free, fully paid and non-exclusive right and license to use MCC’s logo and the names “Millennium Challenge Corporation,” “Millennium Challenge Account” and “MCC,” in each case, solely in accordance with the MCC Standards for Global Marking. Any such use of the logo and names will be solely for the benefit of MCC, and not inure to the benefit of MCA-Benin II. The use of MCC’s logo and names will not create any agency or legal representation, and MCA-Benin II has no authority to bind MCC in any way. (b) MCA-Benin II will create its own logo, and use such logo as well as the names “Millennium Challenge Account – Benin II” and “MCA-Benin II,” in each case, solely in accordance with the MCC Standards for Global Marking. Subject to Section 5.7(d), MCA-Benin II hereby grants MCC an irrevocable, royalty-free, fully paid and non-exclusive right and license to use the names “Millennium Challenge Account – Benin II” and “MCA-Benin II,” and MCA- Benin II’s logo. (c) MCA-Benin II will take all reasonable steps to ensure that the names “Millennium Challenge Account - Benin II” and “MCA-Benin II,” as well as its own logo, will enjoy maximum protection under the laws now or hereafter in effect in Benin throughout the term of this Agreement. This includes the registration of the names and the logo as a trademark, if appropriate, the monitoring of unauthorized use by third parties, and, in case of detection of unauthorized use, the enforcement of such rights. MCA-Benin II will inform MCC as soon as practicable if it becomes aware of any infringement, threat of infringement, or any other use by a third party that has not been authorized by MCC of any of (i) the names “Millennium Challenge Account – Benin II,” “MCA-Benin II” and/or MCA-Benin II’s logo; or (ii) the names “Millennium Challenge Corporation,” “MCC” and/or MCC’s logo. MCA-Benin II will provide MCC assistance to enforce MCC’s rights to the names “Millennium Challenge Corporation” and “MCC,” as well as to MCC’s logo.

Procurement Agent. MCA-Benin II has engaged Nepal will engage a Procurement Agent to carry out and/or certify specified procurement activities in furtherance of the Compact and this Agreement. MCA-Benin II has entered Nepal will enter into an agreement with the Procurement Agent dated as of September 1, 2015Agent, in form and substance satisfactory to MCC, that sets forth the roles and responsibilities of the Procurement Agent with respect to the conduct, monitoring and review of procurements and other appropriate terms and conditions (such agreement, and any subsequent agreement with a Procurement Agent as may be entered into by MCA-Benin II, the “Procurement Agent Agreement”). Unless MCC agrees otherwise in writing, the Procurement Agent will be a third party, independent of the Government. Publicity and Transparency.‌Transparency. (a) Subject to Section 2.12, MCA-Benin II Nepal will give appropriate publicity to the Compact as a program to which the United States, through MCC, has contributed, including by identifying Program Activity sites, sites and marking Program Assets, all in accordance with MCC’s Standards for Global Marking. Upon the termination or expiration of the Compact, the Government, upon MCC’s request, will cause the removal of any such references and markings on the MCA-Benin II Nepal Website or in any Government or MCA-Benin II Nepal publicity materials. (b) MCA-Benin II Nepal will make information concerning implementation of the Compact publicly available, including by posting the following documents in English and French (unless MCC agrees otherwise in writing)English, on the website operated by MCA-Benin II Nepal (the “MCA-Benin II Nepal Website”), all to the extent contemplated by and in accordance with the Governance Guidelines: : (i) Compact, (ii) this Agreement, (iii) minutes of the meetings of the Board, Board of Directors and minutes of the meetings of the Stakeholders Stakeholders’ Committees as they relate to MCA-Benin IINepal; (iv) the M&E Plan, along with periodic reports and final evaluations on Program performance; (v) all environmental Environmental and social impact assessments Social Impact Assessments and resettlement action plans Resettlement Action Plans for the Projects and supporting documents; (vi) all social and gender assessments and the Social and Gender Integration Plan; (vii) all audit reports by an Auditor and any periodic reports or evaluations by a Reviewer; (viii) all Disbursement Requests; (ix) all reports required to be submitted to MCC under the terms of this Agreement (including the reports required under Section 2.8(a)); (x) all procurement policies and procedures (including standard bidding documents, procurement plans, contracts awarded notice of contract award decisions and the BCS) and any other procurement documents required to be made publicly available under the MCC Program Procurement Guidelines; (xi) a copy of any legislation or other documents related to the formation, organization or governance of MCA-Benin II Nepal (except to the extent classified), including the Governing Documents and any amendments thereto; and (xii) such other materials as MCC may request; provided, however, that any press release or announcement regarding MCC or the fact that MCC is funding the Program or any other publicity materials referencing MCC will be subject to MCC’s prior approval and must be consistent with any instructions provided by MCC in relevant Implementation Letters. (c) Notwithstanding Section 2.11(b), information relating to procurements prior to the award of a contract and confidential information relating to MCA-Benin IINepal’s agreements with employees, contractors and consultants will be excluded from the information and documents made publicly available; provided, however, that MCC and MCA-Benin II Nepal will mutually determine whether any information to be excluded is confidential. Branding and Enforcement.‌ (a) Subject to Section 5.7(d), MCC hereby grants MCA-Benin II a revocable, royalty- free, fully paid and non-exclusive right and license to use MCC’s logo and the names “Millennium Challenge Corporation,” “Millennium Challenge Account” and “MCC,” in each case, solely in accordance with the MCC Standards for Global Marking. Any such use of the logo and names will be solely for the benefit of MCC, and not inure to the benefit of MCA-Benin II. The use of MCC’s logo and names will not create any agency or legal representation, and MCA-Benin II has no authority to bind MCC in any way. (b) MCA-Benin II will create its own logo, and use such logo as well as the names “Millennium Challenge Account – Benin II” and “MCA-Benin II,” in each case, solely in accordance with the MCC Standards for Global Marking. Subject to Section 5.7(d), MCA-Benin II hereby grants MCC an irrevocable, royalty-free, fully paid and non-exclusive right and license to use the names “Millennium Challenge Account – Benin II” and “MCA-Benin II,” and MCA- Benin II’s logo. (c) MCA-Benin II will take all reasonable steps to ensure that the names “Millennium Challenge Account - Benin II” and “MCA-Benin II,” as well as its own logo, will enjoy maximum protection under the laws now or hereafter in effect in Benin throughout the term of this Agreement. This includes the registration of the names and the logo as a trademark, if appropriate, the monitoring of unauthorized use by third parties, and, in case of detection of unauthorized use, the enforcement of such rights. MCA-Benin II will inform MCC as soon as practicable if it becomes aware of any infringement, threat of infringement, or any other use by a third party that has not been authorized by MCC of any of (i) the names “Millennium Challenge Account – Benin II,” “MCA-Benin II” and/or MCA-Benin II’s logo; or (ii) the names “Millennium Challenge Corporation,” “MCC” and/or MCC’s logo. MCA-Benin II will provide MCC assistance to enforce MCC’s rights to the names “Millennium Challenge Corporation” and “MCC,” as well as to MCC’s logo.

Procurement Agent. MCA-Benin II has engaged Morocco will engage a Procurement Agent to carry out and/or certify specified procurement activities in furtherance of the Compact and this Agreement. MCA-Benin II has entered Morocco will enter into an agreement with the Procurement Agent dated as of September 1, 2015Agent, in form and substance satisfactory to MCC, that sets forth the roles and responsibilities of the Procurement Agent with respect to the conduct, monitoring and review of procurements and other appropriate terms and conditions (such agreement, and any subsequent agreement with a Procurement Agent as may be entered into by MCA-Benin II, the “Procurement Agent Agreement”). Unless MCC agrees otherwise in writing, the Procurement Agent will be a third party, independent of the Government. Publicity and Transparency.‌ (a) Subject to Section 2.12, MCA-Benin II Morocco will give appropriate publicity to the Compact as a program to which the United States, through MCC, has contributed, including by identifying Program Activity sites, and marking Program Assets, all in accordance with MCC’s Standards for Global Marking. Upon the termination or expiration of the Compact, the Government, upon MCC’s request, will cause the removal of any such references and markings on the MCA-Benin II Morocco Website or in any Government or MCA-Benin II Morocco publicity materials. (b) MCA-Benin II Morocco will make information concerning implementation of the Compact publicly available, including by posting the following documents in English and French (unless MCC agrees otherwise in writing), on the website operated by MCA-Benin II Morocco (the “MCA-Benin II MCA- Morocco Website”), all to the extent contemplated by and in accordance with the Governance Guidelines: : (i) Compact, (ii) this Agreement, (iii) minutes of the meetings of the Board, and minutes of the meetings of the Stakeholders Committees as they relate to MCA-Benin IIMorocco; (iv) the M&E Plan, along with periodic reports and final evaluations on Program performance; (v) all environmental and social impact assessments and resettlement action plans for the Projects and supporting documents; (vi) all social and gender assessments and the Social and Gender Integration Plan; (vii) all audit reports by an Auditor and any periodic reports or evaluations by a Reviewer; (viii) all Disbursement Requests; (ix) all reports required to be submitted to MCC under the terms of this Agreement (including the reports required under Section 2.8(a)); (x) all procurement policies and procedures (including standard bidding documents, procurement plans, contracts awarded and the BCS) and any other procurement documents required to be made publicly available under the MCC Program Procurement Guidelines; (xi) a copy of any legislation or other documents related to the formation, organization or governance of MCA-Benin II MCA- Morocco (except to the extent classified), including the Governing Documents and any amendments thereto; and (xii) such other materials as MCC may request; provided, however, that any press release or announcement regarding MCC or the fact that MCC is funding the Program or any other publicity materials referencing MCC will be subject to MCC’s prior approval and must be consistent with any instructions provided by MCC in relevant Implementation Letters. (c) Notwithstanding Section 2.11(b), information relating to procurements prior to the award of a contract and confidential information relating to MCA-Benin IIMorocco’s agreements with employees, contractors and consultants will be excluded from the information and documents made publicly available; provided, however, that MCC and MCA-Benin II Morocco will mutually determine whether any information to be excluded is confidential. Branding and Enforcement.‌ (a) Subject to Section 5.7(d4.2(g), MCC hereby grants MCA-Benin II Morocco a revocable, royalty- royalty-free, fully paid and non-exclusive right and license to use MCC’s logo and the names “Millennium Challenge Corporation,” “Millennium Challenge Account” and “MCC,” in each case, solely in accordance with the MCC Standards for Global Marking. Any such use of the logo and names will be solely for the benefit of MCC, and not inure to the benefit of MCA-Benin IIMCA- Morocco. The use of MCC’s logo and names will not create any agency or legal representation, and MCA-Benin II Morocco has no authority to bind MCC in any way. (b) MCA-Benin II Morocco will create its own logo, and use such logo as well as the names “Millennium Challenge Account – Benin II–Morocco” and “MCA-Benin IIMorocco,” in each case, solely in accordance with the MCC Standards for Global Marking. Subject to Section 5.7(d4.2(g), MCA-Benin II MCA- Morocco hereby grants MCC an irrevocable, royalty-free, fully paid and non-exclusive right and license to use the names “Millennium Challenge Account – Benin II–Morocco” and “MCA-Benin IIMorocco,” and MCA- Benin IIMCA-Morocco’s logo. (c) MCA-Benin II Morocco will take all reasonable steps to ensure that the names “Millennium Challenge Account - Benin IIAccount- Morocco” and “MCA-Benin IIMorocco,” as well as its own logo, will enjoy maximum protection under the laws now or hereafter in effect in Benin Morocco throughout the term of this Agreement. This includes the registration of the names and the logo as a trademark, if appropriate, the monitoring of unauthorized use by third parties, and, in case of detection of unauthorized use, the enforcement of such rights. MCA-Benin II Morocco will inform MCC as soon as practicable if it becomes aware of any infringement, threat of infringement, or any other use by a third party that has not been authorized by MCC of any of (i) the names “Millennium Challenge Account – Benin II–Morocco,” “MCA-Benin IIMorocco” and/or MCA-Benin IIMorocco’s logo; or (ii) the names “Millennium Challenge Corporation,” “MCC” and/or MCC’s logo. MCA-Benin II Morocco will provide MCC assistance to enforce MCC’s rights to the names “Millennium Challenge Corporation” and “MCC,” as well as to MCC’s logo.

Procurement Agent. MCA-Benin II has engaged Liberia will engage a Procurement Agent to carry out and/or certify specified procurement activities in furtherance of the Compact and this Agreement. MCA-Benin II has entered Liberia will enter into an agreement with the Procurement Agent dated as of September 1, 2015Agent, in form and substance satisfactory to MCC, that sets forth the roles and responsibilities of the Procurement Agent with respect to the conduct, monitoring and review of procurements and other appropriate terms and conditions (such agreement, and any subsequent agreement with a Procurement Agent as may be entered into by MCA-Benin II, the “Procurement Agent Agreement”). Unless MCC agrees otherwise in writing, the Procurement Agent will be a third party, independent of the Government. Publicity and Transparency.‌ (a) Subject to Section 2.12, MCA-Benin II Liberia will give appropriate publicity to the Compact as a program to which the United States, through MCC, has contributed, including by identifying Program Activity sites, and marking Program Assets, all in accordance with MCC’s Standards for Global Marking. Upon the termination or expiration of the Compact, the Government, upon MCC’s request, will cause the removal of any such references and markings on the MCA-Benin II Liberia Website or in any Government or MCA-Benin II Liberia publicity materials. (b) MCA-Benin II Liberia will make information concerning implementation of the Compact publicly available, including by posting the following documents in English and French (unless MCC agrees otherwise in writing)English, on the website operated by MCA-Benin II Liberia (the “MCA-Benin II Liberia Website”), all to the extent contemplated by and in accordance with the Governance Guidelines: : (i) Compact, (ii) this Agreement, (iii) minutes of the meetings of the Board, and minutes of the meetings of the Stakeholders Committees as they relate to MCA-Benin IILiberia; (iv) the M&E Plan, along with periodic reports and final evaluations on Program performance; (v) all environmental and social impact assessments and resettlement action plans for the Projects and supporting documents; (vi) all social and gender assessments and the Social and Gender Integration Plan; (vii) all audit reports by an Auditor and any periodic reports or evaluations by a Reviewer; (viii) all Disbursement Requests; (ix) all reports required to be submitted to MCC under the terms of this Agreement (including the reports required under Section 2.8(a)); (x) all procurement policies and procedures (including standard bidding documents, procurement plans, contracts awarded and the BCS) and any other procurement documents required to be made publicly available under the MCC Program Procurement Guidelines; (xi) a copy of any legislation or other documents related to the formation, organization or governance of MCA-Benin II Liberia (except to the extent classified), including the Governing Documents and any amendments thereto; and (xii) such other materials as MCC may request; provided, however, that any press release or announcement regarding MCC or the fact that MCC is funding the Program or any other publicity materials referencing MCC will be subject to MCC’s prior approval and must be consistent with any instructions provided by MCC in relevant Implementation Letters. (c) Notwithstanding Section 2.11(b), information relating to procurements prior to the award of a contract and confidential information relating to MCA-Benin IILiberia’s agreements with employees, contractors and consultants will be excluded from the information and documents made publicly available; provided, however, that MCC and MCA-Benin II Liberia will mutually determine whether any information to be excluded is confidential. Branding and Enforcement.‌ (a) Subject to Section 5.7(d4.2(g), MCC hereby grants MCA-Benin II Liberia a revocable, royalty- free, fully paid and non-exclusive right and license to use MCC’s logo and the names “Millennium Challenge Corporation,” “Millennium Challenge Account” and “MCC,” in each case, solely in accordance with the MCC Standards for Global Marking. Any such use of the logo and names will be solely for the benefit of MCC, and not inure to the benefit of MCA-Benin IIMCA- Liberia. The use of MCC’s logo and names will not create any agency or legal representation, and MCA-Benin II Liberia has no authority to bind MCC in any way. (b) MCA-Benin II Liberia will create its own logo, and use such logo as well as the names “Millennium Challenge Account – Benin II- Liberia” and “MCA-Benin IILiberia,” in each case, solely in accordance with the MCC Standards for Global Marking. Subject to Section 5.7(d4.2(g), MCA-Benin II MCA- Liberia hereby grants MCC an irrevocable, royalty-free, fully paid and non-exclusive right and license to use the names “Millennium Challenge Account – Benin IIAccount-Liberia” and “MCA-Benin IILiberia,” and MCA- Benin IIMCA-Liberia’s logo. (c) MCA-Benin II Liberia will take all reasonable steps to ensure that the names “Millennium Challenge Account - Benin IIAccount-Liberia” and “MCA-Benin IILiberia,” as well as its own logo, will enjoy maximum protection under the laws now or hereafter in effect in Benin Liberia throughout the term of this Agreement. This includes the registration of the names and the logo as a trademark, if appropriate, the monitoring of unauthorized use by third parties, and, in case of detection of unauthorized use, the enforcement of such rights. MCA-Benin II Liberia will inform MCC as soon as practicable if it becomes aware of any infringement, threat of infringement, or any other use by a third party that has not been authorized by MCC of any of (i) the names “Millennium Challenge Account – Benin II- Liberia,” “MCA-Benin IILiberia” and/or MCA-Benin IILiberia’s logo; or (ii) the names “Millennium Challenge Corporation,” “MCC” and/or MCC’s logo. MCA-Benin II Liberia will provide MCC assistance to enforce MCC’s rights to the names “Millennium Challenge Corporation” and “MCC,” as well as to MCC’s logo.