Upper Volta - Drought Relief Project : Credit 0442 - Credit Agreement - Conformed

CONFORMED COPY CREDIT NUMBER 442 UV Development Credit Agreement (Drought Relief Project) BETWEEN REPUBLIC OF UPPER VOLTA AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED DECEMBER 7, 1973 CONFORMED COPY CREDIT NUMBER 442 UV Development Credit Agreement (Drought Relief Project) BETWEEN REPUBLIC OF UPPER VOLTA AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED DECEMBER 7, 1973 DEVELOPMENT CREDIT AGREEMENT AGREEMENT, dated December 7, 1973, between REP' ,LIC OF UPPER VOLTA (hereinafter called the Borrower) and INTERNATIONAL DEVELOPMENT ASSOCIATION (hereinafter called the Association). ARTICLE I General Conditions; Definitions Section 1.01. The parties to this Agreement accept all the provisions of the General Conditions Applicable to Development Credit Agreements of the Association, dated January 31, 1969, with the same force and effect as if they were fully set forth herein, subject, however, to the deletion of Sections 5.01 and 6.02(h) thereof and to the renumbering of Section 6.02(i) into 6.02(h) thereof (said General Conditions Applicable to Development Credit Agreements of the Association, as so modified, being hereinafter called the General Conditions). Section 1.02. Wherever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions have the respective - - meanings therein set forth and the following additional terms have the following meanings: (a) "BND" means the Banque Nationale de D&eloppenent of the Borrower, established pursuant to Law No. 6/61/AN of January 23, 1961, and includes any successor thereto; (b) "SUb-project" means any project financed out of the proceeds of the Credit or proposed to be so financed; (c) " First Development Credit Agreement" means the Agreement No. 317 UV, dated June 26, 1972 between the Borrower and the Association related to a Rural Development Fund Project; (d) "RDF" means the Rural Development Fund established, within BND, pursuant to Section 3.02 of the First Development Credit Agreement; (e) "RDF Account" means the Account in BND referred to in Section 2.10 of this Agreement; 4 (f) "Interdepartemental Technical Committee" means the Committee established by the Borrower pursuant to Section 3.06 of the First Development Credit Agreement; and (g) "ORD" means an Organisme Rdgional de Dveloppement, an organisme d'intMret public under the laws of the Borrower pursuant to Law No. 20/65/AN of July 28, 1965. ARTICLE II The Credit Section 2.01. The Association agrees to lend to the Borrower, on the terms and conditions in the Development Credit Agreement set forth or referred to, an amount in various currencies equivalent to two million dollars ($2,000,000). Section 2.02. (a) The amount of the Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule I to this Agreement, as such Schedule shall be amended from time to time, for expenditures made (or, if the Association shall so agree, to be made) in respect of the reasonable cost of goods and services required for the Project or any Sub-project approved in accordance with Section 3.05 of this Agreement and to be financed under the Development Credit Agreement; provided, however, that, except as the Association shall otherwise agree, no withdrawal shall be made on account of expenditures in the territories of any country which is not a member of the Bank (other than Switzerland) or for goods produced in, or services supplied from, such territories. (b) Without limitation on the provisions of paragraph (a) of this Section the Association shall, promptly after the Effective Date, withdraw from the Credit Account and deposit in the RDF Account an initial amount in the currency of the Borrower not exceeding $200,000 equivalent and shall thereafter, at the request of BND, further withdraw from the Credit Account and deposit in the RDF Account such amounts as shall be required to reimburse BND for payments made out of the RDF Account for expenditures for the Project or any Sub-project eligible for financing under the Development Credit Agreement but only to the extent that the amount of any such deposit, together with any amount on deposit in the RDF Account as of the date of such request, shall not exceed in the aggregate the equivalent of $200,000. (c) Notwithstanding the foregoing no further deposit shall be made to the RDF Account and no other withdrawal shall be made from the Credit Account when the total amount theretofore withdrawn from the Credit Account pursuant 5 to paragraphs (a) and (b) of this Section, together with the amount of any special commitment entered into by the Association pursuant to Section 5.02 of the General Conditions shall have reached in the aggregate the equivalent of $1,800,000. (d) The Borrower shall be entitled to withdraw from the Credit Account pursuant to the provisions of paragraph (a) of this Section the unwithdrawn amount of the Credit in excess of $1,800,000, if and only to the extent that the Association shall have been satisfied that all payments were made by BND, out of the RDF Account for expenditures eligible for withdrawal from the Credit Account. (e) If the Association shall have determined that payments have been made by BND out of the RDF Account for expenditures not eligible for withdrawal from the Credit Account, the Borrower shall, upon notice from the Association, deposit in the RDF Account an amount equal to the amount of such payments. Section 2.03. Except as the Association shall otherwise agree, the goods and services (other than (i) goods and services under any contract the cost of which is expected to be equivalent of less than $100,000 but more than $10,000 ftr which local competitive bidding procedures shall be used; (ii) goods and services under any contract the cost of which is expected to be equivalent of $10,000 or less for which the usual government procurement procedures of the Borrower shall apply; and (iii) services of consultants) required for the Project and to be financed out of the proceeds of the Credit shall be procured on the basis of international competition under procedures consistent with the Guidelines for Procurement under World Bank Loans and IDA Credits, published by the Bank in April 1972, as revised in October 1972, and in accordance with, and subject to, the provisions set forth in Schedule 3 to this Agreement. Section 2.04. The Closing Date shall be June 30, 1976 or such other date as shall be agreed between the Borrower and the Association. Section 2.05. The Borrower shall pay to the Association a service charge at the rate of three-fourths of one per cent (3/4 of 1%) per annum on the principal amount of the Credit withdrawn and outstanding from time to time. Section 2.06. Service charges shall be payable semi-annually on June 15 and December 15 in each year. Section 2.07. The Borrower shall repay the principal amount of the Credit in semi-annual installments payable on each June 15 and December 15 commencing December 15, 1983, and ending June 15, 2023, each installment to and including the installment payable on June 15, 1993 to be one-half of one 6 per cent (1/2 of 1%) of such principal amount, and each installment thereafter to be one and one-half per cent (1-1/2%) of such principal amount. Section 2.08. The currency of the Republic of France is hereby specified for the purposes of Section 4.02 of the General Conditions. Section 2.09. The general manager of BND is designated as representative of the Borrower for the purpose of taking any action required or permitted to be taken under the provisions of Section 2.02 of this Agreement and Article V of the General Conditions. Section 2.10. The Borrower shall open and maintain the RDF Account in BND and shall cause BND to credit and debit the RDF Account in accordance with the following provisions: (a) There shall be credited to the RDF Account: (i) such amounts as shall from time to time be withdrawn from the Credit Account and deposited in the RDF Account by the Association pursuant to paragraph (b) of Section 2.02 of this Agreement; and (ii) such amounts as shall be deposited by the Borrower in the RDF Account in accordance with the provisions of paragraph (e) of Section 2.02 of this Agreement. (b) Amounts deposited in the RDF Account pursuant to paragraph (a) of this Section shall be used only to make payments for expenditures eligible for withdrawal from the Credit Account. ARTICLE III Execution of the Project Section 3.01. The Borrower shall carry out the Project or cause the Project to be carried out with due diligence and efficiency and in conformity with sound administrative, agricultural, engineering and financial practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the purpose. Section 3.02. Without limitation on the application of Section 3.06 of the First Development Credit Agreement the Borrower shall maintain the Interdepartmental Technical Committee until completion of the Project and shall further entrust it with such powers and responsibilities so as to enable it to: 7 (i) make all necessary arrangements for the timely preparation and analysis of the Sub-projects; (ii) review and approve the Sub-projects according to the criteria set forth in Schedule 2 to this Agreement; and (iii) review the progress of the execution of the Sub-projects; Section 3.03. Without limitation on the application of Section 3.06 of the First Development Credit Agreement the Borrower shall provide the secretary's office of the Interdepartmental Technical Committee with suitable and appropriately located office accommodations. Section 3.04. Without limitation on the application of Section 3.06 of the First Development Credit Agreement the Borrower shall appoint or second to the Interdepartmental Technical Committee additional personnel in such numbers and with such qualifications and experience as shall be necessary for the execution of the Project, and as shall be acceptable to the Association. Section 3.05. (a) The Borrower undertakes that all Sub-projects shall be selected by the Interdepartmental Technical Committee for financing under the Project in accordance with the criteria set forth in Schedule 2 to this Agreement. (b) The Borrower undertakes that no Sub-project estimated to cost more than $20,000 equivalent shall be selected by the Interdepartmental Technical Committee unless it has recommended to the Association, and the Association shall have accepted, the selection of such Sub-project. Section 3.06. (a) The Borrower shall cause the appropriate ORD or any other appropriate entity to take all measures as may be necessary to ensure proper maintenance of all Sub-projects and such measures shall include, inter alia, that with regard to Sub-projects involving irrigation or other land development, farmers participating in such Sub-projects shall make an annual payment (in cash or kind) to cover the operation and maintenance costs of the Sub-projects, such payment to include, where appropriate, the supply of unskilled labor needed for the maintenance of the Sub-projects. (b) With regard to all Sub-projects, the Borrower shall provide or cause to be provided to its beneficiaries all necessary input supplies, processing and marketing facilities under appropriate credit arrangements, and all necessary extension services. 8 Section 3.07. In the event that the Borrower carries out projects of a similar nature to a selected Sub-project, the Borrower shall: (i) ensure that the most efficient use of resources is made, and, in particular, that there is no duplication of investment between such Sub-project and such other projects; and (ii) use its best efforts to ensure that comparable terms and conditions including without limitation charges and rates are levied on beneficiaries of similar projects. Section 3.08. (a) For the purposes of carrying out the Project, the Borrower shall cause BND to maintain its RDF, within its organization and to conduct through its RDF, and with the assistance of the Borrower's departments and agencies, before presentation to the Interdepartmental Technical Committee, economic and financial appraisals for any proposed Sub-project requiring economic and financial analysis establishing their economic justification as provided under paragraph 2(b) of Schedule 2 to this Agreement. (b) The Borrower shall cause the appropriate ORD or any other appropriate entity to prepare the Sub-projects, with the assistance of its competent departments and agencies, and to present such projects to the Interdepartmental Technical Committee and BND for financing. Section 3.09. (a) The Borrower undertakes to insure, or make adequate provision for the insurance of, the imported goods to be financed out of the proceeds of the Credit against hazards incident to the acquisition, transportation and delivery thereof to the place of use or installation, and for such insurance any indemnity shall be payable in a currency freely usable by the Borrower to replace or repair such goods. (b) Except as the Association shall otherwise agree, the Borrower shall cause all goods and services financed out of the proceeds of the Credit to be used exclusively for the Project. Section 3.10. (a) The Borrower shall furnish to the Association, promptly upon their preparation, the plans, specifications, reports, contract documents and work and procurement schedules for the Project, and any material modifications thereof or additions thereto, in such detail as the Association shall reasonably request. (b) The Borrower: (i) shall maintain records adequate to record the progress of the Project (including the cost thereof) and to identify the goods and services financed out of the proceeds of the Credit, and to disclose the use thereof in the Project; (ii) shall enable the Association's accredited represen qtives to examine the Project, the goods financed out of the proceeds of the Credit and 9 any relevant records and documents; and (iii) shall furnish to the Association all such infoimation as the Association shall reasonably request concerning the Project, the expenditure of the proceeds of the Credit and the goods and services financed out of such proceeds. ARTICLE IV Other Covenants Section 4.0 1. (a) The Borrower shall cause BND to maintain records adequate to reflect in accordance with consistently maintained sound accounting practices the operations and financial condition of BND. (b) The Borrower shall cause BND to: (i) keep separate accounts for each Sub-project and for each ORD by class of projects and a consolidated account for all RDF Account operations; (ii) have such accounts for each fiscal year audited, in accordance with sound auditing principles consistently applied, by independent auditors acceptable to the Association; (iii) furnish to the Association as soon as available, but in any case not later than seven months after the end of each such year, (A) certified copies of such accounts for such year as so audited and (B) the report of such audit by said auditors, of such scope and in such detail as the Association shall have reasonably requested; and (iv) furnish to the Association such other information concerning such accounts of BND and the audit thereof as the Association shall from time to time reasonably request. ARTICLE V Consultation, Information and Inspection Section 5.01. The Borrower and the Association shall cooperate fully to assure that the purposes of the Credit will be accomplished. To that end, the Borrower and the Association shall from time to time, at the request of either party: (a) exchange views through their representatives with regard to the performance of their respective obligations under the Development Credit Agreement, the administration, operations and financial condition, resources and expenditures of BND and, in respect of the Project, of the departments or agencies of the Borrower responsible for carrying out any part of the Project, and other matters relating to the purposes of the Credit; and (b) furnish to the other all such information as it shall reasonably request with regard to the general status of the Credit. On the part of the Borrower, such 10 information shall include information with respect to financial and economic conditions in the territories of the Borrower, including its balance of payments, and the external debt of the Borrower, of any of its political subdivisions and of any agency of the Borrower or of any such political subdivision. Section 5.02. (a) The Borrower shall furnish or cause to be furnished to the Association all such information as the Association shall reasonably request concerning the administration, operations and financial condition, resources and expenditures of BND and, in respect of the Project, of the departments or agencies of the Borrower responsible for carrying out any part of the Project. (b) The Borrower and the Association shall promptly inform each other of any condition which interferes with, or threatens to interfere with, the accomplishment of the purposes of the Credit, the maintenance of the service thereof or the performance by either of them of its obligations under the Development Credit Agreement. Section 5.03. The Borrower shall afford all reasonable opportunity for accredited representatives of the Association to visit any part of the territories of the P.Tower for purposes related to the Credit. ARTICLE VI Taxes and Restrictions Section 6.01. The principal of, and service charges on, the Credit shall be paid without deduction for, and free from, any taxes imposed under the laws of the Borrower or laws in effect in its territories. Section 6.02. The Development Credit Agreement shall be free from any taxes on or in connection with the execution, delivery or registration thereof, imposed under the laws of the Borrower or laws in effect in its territories. Section 6.03. The payment of the principal of, and service charges on, the Credit shall be free from all restrictions, regulations, controls and moratoria of any nature imposed under the laws of the Borrower or laws in effect in its territories. ARTICLE VII Remedies of the Association Section 7.01. If any event specified in Section 7.01 of the General Conditions or in Section 7.03 of this Agreement shall occur and shall continue for the period, 11 if any, therein set forth, then at any subsequent time during the continuance thereof, the Association, at its option, may by notice to the Borrower declare the principal of the Credit then outstanding to be due and payable immediately together with the service charges thereon, and upon any such declaration such principal and service charges shall become due and payable immediately, anything to the contrary in the Development Credit Agreement notwithstanding. Section 7.02. For the purposes of Section 6.02 of the General Conditions, the following additional event is specified, namely, that Law No. 6/61/AN of January 23, 1961, or Law No. 20/65/AN of July 28, 1965 of the Borrower shall have been amended, suspended, abrogated, repealed or waived in such a way as materially and adversely to affect the carrying out of the Project. Section 7.03. For the purposes of Section 7.01 of the General Conditions, the following additional event is specified, namely, that any event specified in Section 7.02 of this Agreement shall occur. ARTICLE VIII Effective Date; Termination Section 8.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 10.01(b) of the Gei 2ral Conditios: (a) that the Interdepartmental Technical Committee has been entrusted with such powers and responsibilities as provided under Section 3.02 of this Agreement; and (b) that the RDF account has been opened in BND. Section 8.02. The date March 7, 1974 is hereby specified for the purposes of Section 10.04 of the General Conditions. Section 8.03. The obligations of the Borrower under Sections 4.01, 7.02 and 7.03 of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on a date 15 years after the date of this Agreement, whichever shall be the earlier. 12 ARTICLE IX Representative of the Borrower; Addresses Section 9.01. The Minister of the Borrower responsible for finances is designated as representative of the Borrower for the purposes of Section 9.03 of the General Conditions. Section 9.02. The following addresses are specified for the purposes of Section 9.01 of the General Conditions: For the Borrower: Minist6re des Finances Ouagadougou Upper Volta Cable address: MINIFINANCE Ouagadougou For the Association: International Development Association 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: INDEVAS Washington, D.C. IN WITNESS WHEREOF, the parties hereto, acting through their representatives thereunto duly authorized, have caused this Agreement to be signed 13 in their respective narnes and to be delivered in the District of Columbia, United States of America as of the day and year first above written. REPUBLIC OF UPPER VOLTA By /s/ H.E. Telesphore Yaguibou Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION By /s / Roger Chaufournier Regional Vice President Western Africa 14 SCHEDULE 1 Withdrawal of the Proceeds of the Credit 1. The table below sets forth the Categories of items to be financed out of the proceeds of the Credit, the allocation of amounts of the Credit to each Category and the percentage of eligible expenditures so to be financed in each Category: Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed 1. Goods and services 2,000,000 100% of total required for the expenditures Project or any Sub-project TOTAL 2,000,000 2. For the purposes of this Schedule, the term ""total expenditures" means the aggregate of: (i) expenditures for goods produced in, or services supplied from, the territories of any country other than the Borrower; and (ii) expenditures for goods produced in, or services supplied from, the territories of the Borrower. 3. Notwithstanding the provisions of paragraph I above, no withdrawals shall be made in respect of: (a) expenditures prior to October 15, 1973; (b) payments for taxes imposed under the laws of the Borrower or laws in effect in its territories on the importation of goods or services to the extent that any such taxes are levied on goods and services imported directly for purposes of the Project. To the extent that the amount represented by the percentage set forth in the third column of the table in paragraph I above in respect of any Category would exceed the amount payable net of all such taxes on the importation of any such goods or services, such percentage shall be reduced to ensure that no proceeds of the Credit will be withdrawn on account of payments for such taxes; and (c) any expenditures in respect of any Sub-project unless the Borrower's request for authorization to make withdrawals from the Credit Account shall be * 15 supported by contract, shipping and other appropriate documents satisfactory to the Association, provided that, in the case of small items, for which presentation to the Association of such documentation shall not be practical, requests for authorization to make withdrawals from the Credit Account on account of expenditures in respect of any Sub-project shall be supported by statements certified by BND that such amounts to be withdrawn from the Credit Account have been paid in connection with Sub-projects approved as provided under Section 3.05 of this Agreement. 4. Notwithstanding the amount of the Credit set forth in the second column of the table in paragraph I above if the Association shall have reasonably determined that the procurement of any item is inconsistent with the procedures set forth or referred to in Section 2.03 of this Agreement, no expenditures for such item shall be financed out of the proceeds of the Credit and the Association may, without in any way restricting or limiting any other right, power or remedy of the Association under the Development Credit Agreement, by notice to the Borrower, cancel such amount of the Credit as in the Association's reasonable opinion, represents the amount of such expenditures which would otherwise have been eligible for financing out of the proceeds of the Credit. 16 SCHEDULE 2 Description of the Project 1. The Project is part of the Borrower's plans to help people in drought affected areas to reestablish their selfsufficiency, by assisting them to redevelop and improve their farms and herds. 2. The Project is composed of a number of Sub-projects, which shall be selected as follows: (a) Initial selection shall be made according to the following criteria: (1) the Sub-project is such that it will prevent or alleviate drought effects; (2) the Sub-project will help restore the productivity of areas affected by the drought; (3) the Sub-project will generate profits quickly; (4) the Sub-project will benefit a large number of people; and (5) the Sub-project is needed and supported by its intended beneficiaries, who are prepared, where this is feasible, to make contributions to its costs through the provision of labor or local materials. (b) Sub-projects relating to the rehabilitation of water supplies, the construction of new water supplies, the construction of storage facilities for farm inputs and produce to serve the needs of not more than one village, or relating to the improvement of veterinary care of livestock, shall not be selected unless they meet the criteria set forth in such paragraph (a) hereto. Other Sub-projects, and especially those involving production schemes such as the construction, expansion or rehabilitation of irrigation schemes or the development of "bas-fonds" shall not be selected unless (i) they fulfill the criteria set forth in sub-paragraph (a) hereto; and (ii) economic and financial analysis shows that they are economically justified. (c) Sub-projects fulfilling the criteria set forth in sub-paragraphs (a) and (b) hereto shall be put on national priority list and shall be selected by order of such priority. 17 SCHEDULE 3 Procurement A. Contracts Governed by Guidelines 1. With respect to any contract for any item included in the table set forth in paragraph I of Schedule 1 to this Agreement estimated to cost the equivalent of $100,000 or more: (a) Before bids are invited, the Borrower shall furnish to the Association, for its comments, the text of the invitations to bid and the specifications and other bidding documents, together with a description of the advertising procedures to be followed for the bidding, and shall make such modifications in the said documents or procedure as the Association shall reasonably request. Any further modification to the bidding documents shall require the Association's concurrence before it is issued to the prospective bidders. (b) After bids have been received and evaluated, the Borrower shall, before a final decision on the award is made, inform the Association of the name of the bidder to whom it intends to award the contract and shall furnish to the Association, in sufficient time for its review, a detailed report, on the evaluation and comparison of the bids received, together with the reasons for the intended award. The Association shall, if it determines that the intended award would be inconsistent with the procedures set forth or referred to in Section 2.03 of this Agreement, promptly inform the Borrower and state the reasons for such determination. (c) The terms and conditions of the contract shall not, without the Association's concurrence, materially differ from those on which bids were asked. (d) Two conformed copies of the contract shall be furnished to the Association promptly after its execution and prior to the delivery to the Association of the first application for withdrawal of funds from the Credit Account in respect of any such contract. 2. Identical or similar items shall be grouped together to form economic bid packages for purposes of bidding. B. Supplemental Rules on Bid Evaluation and Comparison 1. For the purpose of evaluation and comparison of bids, customs duties and other import taxes on imported goods, and sales and similar taxes on locally 18 supplied goods, shall be excluded, except to the extent hereinafter provided. Bidders shall be required to state in their bid the c.i.f. (port of entry) price for imported goods, or the ex-factory price for locally manufactured goods. The cost to the Borrower of inland freight and other expenditures incidental to the delivery of goods to the place of their use or installation shall be taken into account in the evaluation of bids in accordance with paragraph 4.7 of the Guidelines for Procurement. 2. For goods included in the table set forth in paragraph I of Schedule I to the Development Credit Agreement, the Borrower may grant a margin of preference to goods manufactured in Upper Volta in accordance with, and subject to, the following provisions: (a) After evaluation, responsive bids will be classified in one of the following groups: (1) Group A: bids offering goods manufactured in Upper Volta, if the bidder shall have established to the satisfaction of the Borrower and the Association that the manufacturing cost of such goods includes a value added in Upper Volta equal to at least 20% of the ex-factory bid price of such goods. (2) Group B: bids offering goods manufactured in Upper Volta other than bids classified in group A. (3) Group C: bids offering any other goods. (b) All evaluated bids in each group shall be first compared among themselves, excluding any customs duties and other import taxes in goods to be imported and any sales or similar taxes on goods to be supplied locally, to determine the lowest evaluated bid of each group. The lowest evaluated bids of each group shall then be compared with each other and if, as a result of this comparison, a bid from group A or group B is the lowest, it shall be selected for purposes of award. (c) If, as a result of the comparison under paragraph (b) above, the lowest bid is a bid from group C, all group C bids shall be further compared with the lowest bid from group A, as determined under paragraph (b) above, after adding to the c.i.f. bid price of goods to be imported offered in each group C bid, for the purpose of this further comparison only, an amount equal to the smaller of (i) the amount of customs duties and other import taxes which a non-exempt importer would have to pay for the importation of goods offered in such group 19 C bid, or (ii) 15% of the c.i.f. bid price of such goods. If the group A bid in such further comparison is the lowest, it shall be selected for purposes of award; if not, the lowest bid from group C, as determined under paragraph (b) above, shall be selected for purposes of award. 3. The bidding documents shall clearly indicate any preference which will be granted, the information required to establish the eligibility of a bid for such preference and the methods and stages that will be followed in the evaluation and comparison of bids to give effect to such preference.