Niger - National Agricultural Research Project : Credit 2122 - Project Agreement - Conformed

OFFICIAL DOCUMENTS, CREDIT NUMBER 2122 NIR Project Agreement (National Agricultural Research Project) between INTERNATIONAL DEVELOPMENT ASSOCIATION and INSTITUT NATIONAL DE RECHERCHES AGRONOMIQUES DU NIGER Dated // , 1990 CREDIT NUMBER 2122 NIR PROJECT AGREEMENT AGREEMENT, dated " /4 , 1990, between INTERNATIONAL DEVELOPMEN AS CIATION (the Association) and the INSTITUT NATIONAL DE RECHERCHES AGRONOMIQUES DU NIGER (INRAN). WHEREAS (A) by the Development Credit Agreement of even date herewith between the Republic of Niger (the Borrower) and the Association, the Association has agreed to make available to the Borrower an amount in various currencies equivalent to fifteen million Special Drawing Rights (SDR 15,000,000), on the terms and conditions set forth in the Development Credit Agreement, but only on condition that INRAN agrees to undertake such obligations toward the Association as are set forth in this Agreement; (B) by a financing agreement to be entered into between the Borrower and INRAN, the proceeds of the credit provided for under the Development Credit Agreement will be made available to INRAN on the terms and conditions set forth in said Financing Agreement; and WHEREAS INRAN, in consideration of the Association's entering into the Development Credit Agreement with the Borrower, has agreed to undertake the obligations set forth in this Agreement; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I Definitions Section 1.01. Unless the context otherwise requires, the several terms defined in the Development Credit Agreement, the Preamble to this Agreement and in the General Conditions (as so defined) have the respective meanings therein set forth. ARTICLE II Execution of the Project Section 2.01. (a) INRAN declares its commitment to the objectives of the Project as set forth in Schedule 2 to the Development Credit Agreement and, to this end, shall carry out the -2- Project with due diligence and efficiency and in conformity with appropriate administrative, financial, engineering and scientific practices, and shall provide, or cause to be provided, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Association and INRAN shall otherwise agree, INRAN shall carry out the Project in accordance with the Implementation Program set forth in Schedule 2 to this Agreement. Section 2.02. Except as the Association shall otherwise agree, procurement of the goods, works and consultants' services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 1 to this Agreement. Section 2.03. INRAN shall carry out the obligations set forth in Sections 9.03, 9.04, 9.05, 9.06, 9.07 and 9.08 of the General Conditions (relating to insurance, use of goods and services, plans and schedules, records and reports, maintenance and land acquisition, respectively) in respect of the Project Agreement. Section 2.04. INRAN shall duly perform all its obligations under the Financing Agreement. Except as the Association shall otherwise agree, INRAN shall not take or concur in any actioa which would have the effect of amending, abrogating, assigning or waiving the Financing Agreement or any provision thereof. Section 2.05. (a) INRAN shall, at the request of the Associa- tion, exchange views with the Association with regard to the pro- gress of the Project, the performance of its obligations under this Agreement and under the Financing Agreement, and other matters relating to the purposes of the Credit. (b) INRAN shall promptly inform the Association of any con- dition which interferes or threatens to interfere with the pro- gress of the Project, the accomplishment of the purposes of the Credit, or the performance by INRAN of its obligations under this Agreement and under the Financing Agreement. -3- ARTICLE III Management and Operations of INRAN Section 3.01. (a) INRAN shall carry on its operations and conduct its affairs in accordance with sound administrative, financial, engineering and scientific practices, under the super- vision of qualified and experienced management assisted by competent staff in adequate numbers. (b) To this end, INRAN shall take necessary measures, not later than nine (9) months after the date of this Agreement, to complete the implementation of all organizational and staffing proposals under the Project and, thereafter, to keep all key positions filled at all times with'qualified staff and to consult the Association on any further proposal for change in the organizational structure of INRAN. Section 3.02. INRAN shall at all times operate and maintain its plant, machinery, equipment and other property, and from time to time, promptly as needed, make all necessary repairs and renewals thereof, all in accordance with soind engineering, financial and scientific practices. Section 3.03. INRAN shall take out and maintain with respon- sible insurers, or make other provision satisfactory to the Asso- ciation for, insurance against such risks and in such amounts as shall be consistent with appropriate practice. ARTICLE IV Financial Covenants Section 4.01. (a) INRAN shall maintain records and accounts adequate to reflect in accordan,,o with sound accounting practices its operations and financial condition. (b) INRAN shall: (i) have its records, accounts and financial statements (balance sheets, statements of income and expenses and related statements) for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Association; -4 (ii) furnish to the Association as soon as available, but in any case not later than six months after the end of each such year (A) certified copies of its financial statements 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 (iii) furnish to the Association such other information concerning said records, accounts and financial statements as well as the audit thereof, as the Association shall from time to time reasonably request. ARTICLE V Effective Date; Termination; Cancellation and Suspension Section 5.01. This Agreement shall come into force and effect on the date upon which the Development Credit Agreement becomes effective. Section 5.02. (a) This Agreement and all obligations of the Association and of INRAN thereunder shall terminate on the earlier of the following two dates: (i) the date on which the Development Credit Agreement shall terminate in accordance with its terms; or (ii) the date 20 years after the date of this Agreement. (b) If the Development Credit Agreement terminates in accordance with its terms before the date specified in paragraph (a) (ii) of this Section, the Association shall promptly notify INRAN of this event. Section 5.03. All the provisions of this Agreement shall continue in full force and effect notwithstanding any cancellation or suspension under the General Conditions. ARTICLE VI Miscellaneous Provisions Section 6.01. Any notice or request required or permitted to be given or made under this Agreement and any agreement between - 5 - the parties contemplated by this Agreement shall be in writing. Such notice or request shall be deemed to have been duly given or made when it shall be delivered by hand or by mail, telegram, cable, telex or radiogram to the party to which it is required or permitted to be given or made at such party's address hereinafter specified or at such other address as such party shall have desig- nated by notice to the party giving such notice or making such request. The addresses so specified are: For the Association: International Development Association 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: Telex: INDEVAS 197688 (TRT) Washington, D.C. 248423 (RCA) 64145 (WUI) or 82987 (FTCC) For INRAN: Institut National de Recherches Agronomiques du Niger B.P. 429 Niamey Niger Cable address: Telex: INRANI 5201 NI Section 6.02. Any action required or permitted to be taken, and any document required or permitted to be executed, under this Agreement on behalf of INRAN may be taken or executed by the Director General of INRAN or such other person or persons as the Director General shall designate in writing, and INRAN shall furnish to the Association sufficient evidence of the authority and the authenticated specimen signature of each such person. Section 6.03. This Agreement may be executed ir, several counterparts, each of which shall be an original, and all collectively but one instrument. -6- IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized representatives, have caused this Agreement to be signed in their respective names in the District of Columbia, United States *of America, as of the day and year first above written. INTERNATIONAL DEVELOPMENT ASSOCIATION By //ow~ k.~~o RegJ11n7Vice President Africa INSTITUT NATIONAL DE RECHERCHES AGRONOMIQUES DU NIGER By u/thoriz rt Authorized Repre sentative -7- SCHEDULE 1 Procurement and Consultants' Services Section I. Procurement of Goods and Works Part A: International Competitive Bidding 1. Except as provided in Part D hereof, civil works and goods shall be procured under contracts awarded in accordance with procedures consistent with those set forth in Sections I and II of the "Guidelines for Procurement under IBRD Loans and IDA Credits" published by the Bank in May 1985 (the Guidelines). 2. To the extent practicable, contracts for inputs and equipment shall be grouped in bid packages estimated to cost the equivalent of $100,000 or more each. Part B: Preference for Domestic Manufacturers In the procurement of goods in accordance. with the procedures described in Part A 1 hereof, goods manufactured in Niger may be granted a margin of preference in accordance with, and subject to, the provisions of paragraphs 2.55 and 2.56 of the Guidelines and paragraphs 1 through 4 of Appendix 2 thereto. Part C: Preference for Domestic Contractors In the procurement of works in accordance with the procedures described in Part A 1 hereof, INRAN may grant a margin of preference to domestic contractors in accordance with, and subject to, the provisions of paragraphs 2.55 and 2.56 of the Guidelines and paragraph 5 of Appendix 2 thereto. Part D: Other Procurement Procedures 1. Local competitive bidding: Goods estimated to cost less than $100,000 equivalent per contract, up to an aggregate amount not to exceed the equivalent of $1,000,000, may be procured under contracts awarded on the basis of competitive bidding, advertised locally, in accordance with procedures satisfactory to the Association. -8- 2. Shopping: Goods estimated to cost less than the equivalent of $30,000 per contract, up to an aggregate amount not to exceed the equi- valent of $100,000, may be procured under contracts awarded on the basis of comparison of price quotations solicited from a list of at least three suppliers eligible under the Guidelines, in accordance with procedures acceptable to the Association. Part E: Review by the Lsociation of Procurement Decisions 1. Review of invitations to bid and of proposed awards and final contracts: (a) With respect to each contract estimated to cost the equivalent of $100,000 or more, the procedures set forth in para- graphs 2 and 4 of Appendix 1 to the Guidelines shall apply. Where payments for such contract are to be made out of the Special Account, such procedures shall be modified to ensure that the two conformed copies of the contract required to be furnished to the Association pursuant to said paragraph 2 (d) shall be furnished to the Association prior to the making of the first payment out of the Special Account in respect of such contract. (b) With respect to each contract not governed by the preceding paragraph, the procedures set forth in paragraphs 3 and 4 of Appendix 1 to the Guidelines shall apply. Where payments for such contract are to be made out of the Special Account, such procedures shall be modified to ensure that the two conformed copies of the contract together with the other information required to be furnished to the Association pursuant to said para- graph 3 shall be furnished to the Association as part of the evidence to be furnished pursuant to paragraph 4 of Schedule 3 to the Development Credit Agreement. (c) The provisions of the preceding sub-paragraph (b) shall not apply to contracts on account of which the Association has authorized withdrawals on the basis of statements of expenditure. 2. The figure of 10% is hereby specified for purposes of para- graph 4 of Appendix 1 to the Guidelines. Section II. Employment of Consultants In order to assist INRAN in carrying out the Project, INRAN shall employ consultants whose qualifications, experience and terms and conditions of employment shall be satisfactory to the -9- Association. Such consultants shall be selected in accordance with principles and procedures satisfactory to the Association on the basis of the "Guidelines for the Use of Consultants by World Bank Borrowers and by the World Bank as Executing Agency" published by the Bank in August 1981. - 10 - SCHEDULE 2 Implementation Program 1. INRAN shall take appropriate steps, not later than four (4) months after the date of this Agreement, to recruit the Director for Administration and Finance, the Scientific Director, the Personnel Officer, the Chief for Administration and Finance for each research center, the Coordinators for each research program and a Research Management Consultant, all of whom shall have qualifications and experience acceptable to the Association. 2. INRAN shall, not later than nine (9) months after the date of this Agreement, submit to the Association for its approval a detailed scientific and laboratory equipment purchase program together with cost estimates. 3. INRAN shall, not later than June 30, 1991, submit to the Association for its approval the detailed rehabilitation and construction plans for INRAN's headquarters' offices, centers, stations and field support points. 4. Not later than April 30 immediately preceding the beginning of each fiscal year included in the Project implementation period, INRAN shall conduct a review of its organization and research programs and submit to the Association, for its approval, a detailed work plan, and a budget and financing plai for that fiscal year. 5. INRAN shall, not later than nine (9) months after the date of this Agreement, adopt internal procedures for research programming, acceptable to the Association, including: (a) a detailed description of coordination and approval procedures with local extension staff for all on-farm research and farm surveys in the annual research programs and protocols; (b) provisions for the establishment of national and regional research management and technical committees; and (c) a provision requiring all researchers to set aside a portion of their time for the training of extension staff. 6. Prior to each of the consultative and review meetings referred to in Sections 3.06 and 3.07 of the Development Credit Agreement, INRAN shall submit to the participants, for their consideration, a detailed report on the results of research programs conducted during the previous year, and the proposed work plans, research programs and financing plans for the forthcoming year, together with such other reports, information and data as - i - may reasonably be required for the successful conduct of each such meeting. 7. Not later than nine (9) months after the date of this Agreement and, thereafter, not later than August 31 of every subsequent year included in the Project implementation period, INRAN shall submit to the Association for comments its proposed training program for the ensuing twelve months' period and, subject to the approval of the Association, shall take appropriate steps to implement such program. 8. INRAN shall require every one of its staff members selected for training under the Project to provide adequate assurances that he will remain available to serve in a relevant capacity with INRAN for a period of not less than five years after completion of such training. 9. INRAN shall submit semi-annual progress reports on its manpower recruitment and training program, and annual progress reports on all other aspects of Project implementation. INTERNATIONAL DEVELOPMENT ASSOCIATION CERTIFICATE I hereby certify that the foregoing is a true copy of the original in the archives of the International Development Association. FOR SECRETARY