Mauritania - Education Project : Credit 0459 - Credit Agreement - Conformed

CONFORMED COPY CREDIT NUMBER 459 MAU Development Credit Agreement (Education Project) BETWEEN ISLAMIC REPUBLIC OF MAURITANIA AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED FEBRUARY 11, 1974 CONFORMED COPY CREDIT NUMBER 459 MAU Development Credit Agreement (Education Project) BETWEEN ISLAMIC REPUBLIC OF MAURITANIA AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED FEBRUARY 11, 1974 0 DEVELOPMENT CREDIT AGREEMENT AGREEMENT, dated February 11, 1974, between the ISLAMIC REPUBLIC OF MAURITANIA (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 meaning: (a) "Project Unit" means the unit to be established under Section 3.02(a) of this Agreement. (b) "Ministry" means the Ministry of the Borrower at the time responsible for economic planning. (c) "Sub-Project" means a part of the Project as described in Schedule 2 to this Agreement. ARTICLE II The Credit Section 2.01. The Association agrees to lend to the Borrower, on the terms and cor ditions in the Development Credit Agreement set forth or referred to, an amount in various currencies equivalent to three million eight hundred thousand dollars ($3,800,000). 4 Section 2.02. The amount of the Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule I to this Agreement, as such Schedule shall be amended from time to time, for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 described in Schedule 2 to this Agreement and to be financed under the Development Credit Agreement, piovided, however, that, except as the Association shall otherwise agree, no withdrawal shall be made: (i) 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; (ii) on account of expenditures under Part 1 of the Project, until a specialist acceptable to the Association shall have been appointed Technical Advisor for such experimental study; and (iii) on account of expenditures under Parts 2A, 2B, 2C, and 2D of the Project, until the appropriate committee referred to in Section 4.04 of this Agreement shall have been established. Section 2.03. Except as the Association shall otherwise agree, the goods and services required for the Project and to be financed out of the proceeds of the Credit (other than services of consultants) 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 provision set forth in Schedule 3 to this Agreement. Section 2.04. The Closing Date shall be December 31, 1980 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 January I and July I in each year. Section 2.07. The Borrower shall repay the principal amount of the Credit in semi-annual installments payable on each January I and July I commencing July 1, 1984, and ending January 1, 2024, each installment to and including the installment payable on January 1, 1994 to be one-half of one 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 United States of America is hereby specified for the purposes of Section 4.02 of the General Conditions. 5 ARTICLE III Execution of the Project Section 3.01. The Borrower shall carry out the Project through its Ministry with due diligence and efficiency and in conformity with appropriate technical, educational, financial and administrative practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the purpose. Section 3.02. (a) For the purposes of overall management and coordination in the carrying out of the Project, the Borrower shall establish and maintain within its Ministry a Project Unit with such powers, responsibilities, functions and staff as set forth in Schedule 4 to this Agreement. (b) The Borrower shall appoint to the staff of the Project Unit: the Director of the Plan of its Ministry, as Project Director, and a full-time Deputy Director acceptable to the Association. (c) The Borrower shall also appoint as Sub-Project Managers of Parts 2A, 2B, 2C, 2D and 3 of the Project, respectively, the officers responsible for the administrative or operational divisions with authority for the corresponding part of the Project. Section 3.03. (a) The Borrower shall cause the design work for, and the supervision of, construction of the facilities included in Parts 2 and 3 of the Project to be carried out by the Service de l'Infrastructure of the Borrower. (b) To assist the Borrower in carrying out the work referred to in paragraph (a) hereof, the Borrower shall employ architectural consultants (referred to in Schedule 4 paragraph A(3) to this Agreement) acceptable to the Association, under terms and conditions satisfactory to the Association. Section 3.04. In carrying out Parts 2 and 3 of the Project, the Borrower shall employ contractors acceptable to the Association upon terms and conditions satisfactory to the Association. Section 3.05. The Borrower shall: (i) award the fellowships included in the Project to appropriately qualified candidates in accordance with a plan to be prepared in consultation with the Association; (ii) with regard to all specialists to be financed out of the proceeds of the Credit, employ specialists acceptable to the Association upon terms and conditions satisfactory to the Association; (iii) cause said specialists to prepare evaluation designs for each part of the Project; 6 and (iv) make available interim reports on said evaluation to the Association promptly after they are prepared. Section 3.06. (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 3.07. (a) The Borrower shall furnish or cause to be furnished to the Association, promptly upon their preparation, all reports, contract documents and construction 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 shall submit to the Association for its approval the list of sites proposed for the construction of the facilities included in Part 2 of the Project, promptly upon their preparation, the plans and specifications relating thereto. (c) The Borrower shall take or cause to be taken all such action as shall be necessary to acquire before the scheduled commencement of construction of the facilities included in Part 2 of the Project all such land and rights in respect of land as shall be required for the construction and operation of said facilities and shall furnish to the Association, promptly after such acquisition and upon request, evidence satisfactory to the Association that such land and rights in respect of land are available for purposes related to the Project. Section 3.08. 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 representatives to examine the Project, the goods financed out of the proceeds of the Credit and any relevant records and documents- and (iii) shall furnish to the Association all such information 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. S 7 Section 3.09. The Borrower shall (a) cause the radio center under Part 2C of the Project to: (i) broadcast educational programs addressed to the needs of the farm populations during not less than ten hours per week, such programs to be scheduled at such times as they shall be most likely to be Estened to by the farm populations; (ii) to the extent that the programs prepared at such center do not enable such ten hours per week broadcasting, retransmit educational programs of a similar nature transmitted from Nouakchott; (iii) retransmit all educational programs transmitted in French and Arabic from Nouakchott and addressed to primary school teachers; and (b) cause such center to be supplied with electricity, as required to carry out its functions in an efficient and uninterrupted manner. ARTICLE IV Other Covenants Section 4.01. The Borrower shall maintain or cause to be maintained records adequate to reflect in accordance with consistently maintained appropriate accounting practices the operations, resources and expenditures, in respect of the Project, of the departments or agencies of the Borrower reponsible for carrying out the Project or any part thereof. Section 4.02. (a) The Borrower shall, for the purpose of the Project, open a special account at the Trdsor and shall maintain in it funds in an amount equivalent to the estimated expenditures under the Project during the following three months. The Borrower shall also credit in said account the proceeds of the Credit withdrawn from the Credit Account which the Association shall not have paid directly to suppliers of goods or services at the Borrower's request and on its behalf. (b) The Borrower shall open another account (caisse d'avance) in a bank at Nouakchott, and shall credit it with funds withdrawn from the special account referred to in paragraph (a) hereof, in such amounts as shall be needed to cover ordinary, small expenditures under the Project. Section 4.03. (a) The Borrower shall cause each institution included in the Project to carry on its operations and manage its affairs in accordance with sound administrative, financial, technical and educational policies and practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the purpose. 8 (b) The Borrower shall cause each institution included in the Project to operate and maintain its plant, equipment, properties and facilities and make all necessary renewals and repairs thereof, all in accordance with sound engineering and financial practices. (c) Except as the Association shall otherwise agree, title to all goods financed in whole or in part with the proceeds of the Credit shall be obtained free of all liens. Section 4.04. The Borrower shall establish and maintain: (a) a committee to regulate and supervise the Farm Radio Programming Center in Kaedi and to coordinate the broadcasting program on agricultural, health, and educational matters and shall confer on the Director of such Center sufficient power and authority to make any decision for efficient management. (b) a committee under the Chairmanship of the Minister of Rural Development and with the participation of health authorities and other services and institutions concerned, to supervise and regulate operations and programs of the Village Training Center in MPouri. (c) a committee for technicians training program to be established at the Mamadou Tour6 Vocational Training Center under the Chairmanship of the Minister at the time responsible for vocational training and with the participation of representatives of the mining industry, to regulate and Supervise the programs of the Center, to define the content of the courses to be taught at this Center and to make decisions on the use of funds available to such center. (d) a committee for the Nouakchott Vocational Training Center under the Chairmanship of the Minister at the time responsible for vocational training and with the participation of representatives of the graduates' potential employers to define the content of the courses to be taught and to make decisions on the use of the funds available to such center. Section 4.05. The Borrower shall evaluate the effectiveness of the training programs included in the Project and for that purpose the Borrower shall establish, prior to the graduation of the first promotion of trainees, and shall thereafter maintain, a tracer system to collect data on employment, self-employment, reasons for non-employment, premature termination of training, repetition and on employers' evaluation of the program. Section 4.06. (a) Except as the Borrower and the Association shall otherwise agree, the Borrower shall appoint the Director of the National Pedagogical Center 9 as project manager f-)r Parts I and 3 of the Project and a full-time specialist to assist him. (b) The Borrower shall consult with the Association on the continuation of the study under Part I of the Project upon termination of the first two phases of the study, namely, the design phase, and the experimental phase, and, promptly after the conclusion of the study. The Borrower shall exchange views with the Association on the analysis of its results and the formulation of recommendations with a view to their implementation. Section 4.07. (a) Except as the Borrower and the Association shall otherwise agree, the Borrower shall vest in the National Commission for the Reform of Education the responsibility for regulating and supervising the Koranic school experimental study under Part 1 of the Project. (b) The Borrower shall ensure that the religious authorities which guide the Koranic schools, both for children and adults, be consulted by said Commission on the proposed structure, content and staffing for the programs Under such study. Section 4.08. (a) The Borrower shall use its best efforts to enter into appropriate arrangements with potential employers, and specially the mining industry to ensure employment of all qualified graduates from the Mamadou Tour6 Vocational Training Center under the technicians training program to be established therein. (b) The Borrower shall cause said center to recruit not less than 35 trainees per year. (c) The Borrower shall consult with such industry through the Committee referred to in Section 4.04(c) of this Agreement on methods of selection, standards of recruitment, qualification and number of trainees, and organization and definition of training programs with a view to ensuring maximum adaptation of the program to employment needs. Section 4.09. The Borrower shall use its best efforts to ensure the participation of the potential employers in the training program through the provision of personnel and equipment for the Mamadou Tour6 Technical Training Program. Section 4.10. The Borrower shall, with regard to the Village Training Center under Part 2B of the Project: (i) cause the staff of the Center to be given agricultural training, and (ii) periodically review with the Association the work programs of the Center. 10 Section 4.11. The Borrower shall provide or cause to be provided additional space and staff at the National Pedagogical Center at Nouakchott, or successor thereto, as required to carry out Parts 1 and 3 of the Project. 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 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 information shall include information with respect to financial and economic conditions in the territories of the Borrower, including its balance of paymnts, and the external debt of the Borrower, of any of its administrative subdivisions and of any agency of the Borrower or of any such administrative 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 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 thre-.ens 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 Borrower for purposes related to the implementation and evaluation of the * 11 Project, and to inspection of all installation sites, works, buildings, property and equipment related to the Project, and any records and documents relevant thereto. Section 5.04. The Borrower and the Association shall exchange views with each other from time to time, at the request of either party, on the Borrower's objectives for formal and non-formal education and training, on the Borrower's planned investments in the educational sector, and on interim evaluation reports and recommendations concerning the different parts of the Project. 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 shall occur and shall continue for the period, 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. 12 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 General Conditions: (a) The Project Unit shall have been established within the Ministry of Planning. (b) The Project Director and the Deputy Director shall have been appointed in accordance with the provisions set forth or referred to in Section 3.02(b) of this Agreement. Section 8.02. The date August 13, 1974 is hereby specified for the purposes of Section 10.04 of the General Conditions. Section 8.03. The obligations of the Borrower under Section 3.08 of Article IV of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on a date 25 years after the date of this Agreement, whichever shall be the earlier. ARTICLE IX Representative of the Borrower; Addresses Section 9.01. The Ministry 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: Ministere du Plan et du D6veloppement Industriel Nouakchott Islamic Republic of Mauritania Cable address: MINIPLAN Nouakchott 13 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 in their respective names and to be delivered in the District of Columbia, United States of America, as of the day and year first above written. ISLAMIC REPUBLIC OF MAURITANIA By /s / A. Ould Abdallah Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION By /s / X. de la Renaudisre Director, Country Programs Department Western Africa Regional Office 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 the amounts of the Credit to each Category and the percentage of eligible expenditures to be financed in each Category: Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed I. Imported equipment and materials re- lated to: (a) farmer radio 213,000 ) programming ) center (Kaedi) ) (b) farmer train- 22,000 ) ing center ) (M'Pouri6) ) (c) primary teach- 5 1,000 ) er upgrading ) (Nouakchott) (d) vocational 140,000 ) 100% of foreign training/up- ) expenditures grading center ) (Nouakchott) ) (e) technical edu- 79,000 ) cation and train- ) ing (Nouadhibou) ) (f) experimental 80,000 ) study ) (g) Project Unit 42,000 ) 15 Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed II. Consultant and Professional Services in rela- tion to: (a) experimental 260,000 ) study ) (b) Project Unit 121,000 ) (c) professional 44,000 ) 100% of total services re- ) expenditures lated to civil ) works and spe- ) cialist services ) for Part 4 of ) the Project ) III. Civil works re- quired for: (a) farmer radio 67,300 ) programming ) center (Kaedi) ) (b) farmer train- 83,000 ) ing center ) (M'Pouri6) ) (c) primary teach- 5,200 ) er upgrading ) 69% of total (Nouakchott) ) expenditures (d) vocational 221,500 ) training/up- ) grading center ) (Nouakchott) ) 16 Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed (e) technical edu- 99,000 69% of total cation/train- expenditures ing (Nouadhibou) IV. Locally produced furniture and materials re- quired for: (a) farmer radio 9,000 ) programming ) center (Kaedi) ) (b) farmer train- 3,000 ) ing center ) (M'Pouri6) ) (c) primary teach- 3,000 ) er upgrading ) 91% of total ex- (Nouakchott) penditures (d) vocational 10,500 ) training/up- ) grading center ) (Nouakchott) ) (e) technical edu- 5,500 ) cation training ) (Nouadhibou) ) V. Technical assistance and scholarships other than those under Cate- gory 11(a), (b) and (c) required for: (a) farmer radio 86,000 ) programming ) center (Kaedi) ) ) 86% of total (b) farmer train- 156,000 ) expenditures ing center ) (M'Pouri) ) 17 Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed (c) primary teach- 76,000 ) er upgrading ) (Nouakchott) ) (d) technical edu- 527,000 ) cation/training ) (Nouakchott) ) ) 86% of total (e) technical edu- 617,500 ) expenditures cation training ) (Nouadhibou) ) (f) manpower plan- 64,500 ) ner ) VI. Unallocated 714,000 TOTAL 3,800,000 2. For the purposes of this Schedule: (a) the term "foreign expenditures" means expenditures for goods produced in, or services supplied from, the territories, and in the currency, of any country other than the Borrower; and (b) the term "total expenditures" means the aggregate of foreign expenditures and expenditures in the currency of the Borrower, or 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 the date of this Agreement, except that withdrawals may be made under Categories I(f) and (g) and 11(c) on account of expenditures incurred after November 1, 1973 in an aggregate amount not exceeding the equivalent of $40,000; and 18 (b) payments for taxes imposed directly under the laws of the Borrower or laws in effect in its territories on goods or services, or on the importation, manufacture, procurement or supply thereof. 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, such percentage shall be reduced to ensure that no proceeds of the Credit will be withdrawn on account of payments for such taxes. 4. Notwithstanding the allocation of an amount of the Credit set forth in the second column of the table in paragraph I above: (a) if the estimate of the expenditures under any Category shall decrease, the amount of the Credit then allocated to such Category and no longer required therefor will be reallocated by the Association by increasing correspondingly the unallocated amount of the Credit; (b) if the estimate of the expenditures under any Category shall increase, the percentage set forth in the third column of the table in paragraph I above in respect of such expenditures shall be applied to the amount of such increase, and a corresponding amount will be allocated by the Association, at the request of the Borrower, to such Category from the unallocated amount of the Credit, subject, however, to the requirements for contingencies, as determined by the Association after consultation with the Borrower, in respect of any other expenditures; and (c) if the Association shall have reasonably determined that the procurement of any item in any Category 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. 5. Notwithstanding the percentages set forth in the third column of the table in paragraph I above, if the estimate of foreign expenditures under Categories II, III and VI shall increase and no proceeds of the Credit are available for reallocation to such Categories, the Association may, by notice to the Borrower, adjust the percentage then applicable to such expenditures in order that further withdrawals under such Category may continue until all expenditures thereunder shall have been made. 19 SCHEDULE 2 Description of the Project The Project, which is part of the Borrower's program to expand and improve its educational system, consists of the following: Part 1 The carrying out of an experimental study to ascertain whether support of Koranic schools through radio programs and the provision of instructional material helps to improve in an efficient and economic manner the basic skills of students in such schools, both children and adults. Part 2 A. Establishment of a vocational training center at Nouakchott. B. Establishment of a pilot village training center within the perimeter of the M'Pouri6 irrigation scheme, to assist farmers and their families to make adequate use of, and to adjust to changes brought about by, such irrigation schemes. C. Establishment of a radio training, programming and broadcasting center at Kaedi, to prepare and broadcast programs to offer agricultural, health and other advice to farming families, reinforcing, among others, agricultural extension services. D. Establishment of a technical education/training program within the existing Mamadou Tourd Vocational Training Center at Nouadhibou. The establishment of such facilities includes construction, equipping and furnishing the facilities therefor, and the provision of the services, including technical assistance, required for their operation. Part 3 The setting up, in the National Pedagogical Center at Nouakchott or in any successor thereto, of a program to upgrade and counsel teachers in the first level of the Borrower's educational system. 20 Part 4 The preparation of another edUcation development project, incluCiing the setting up of a system to measure manpower requirements in Mauritania. The Project includes also the provision of fellowships (about 12.5 man/years) and services to carry out the Project, as described in the Annex to this Schedule (as such Annex may be amended from time to time by agreement between the Borrower and the Association). The Project is expected to be completed by September 1976; except the provision of technical assistance which is expected to be completed by December 1979. 21 ANNEX TO SCHEDULE 2 Consultant and Professional Services and Technical Assistance Approximate Man/months A. Experimental Study of Koranic Education 66 B. Farmer radio 24 C. Farmer training center 48 D. Primary teacher upgrading 24 E. Vocational training/upgrading 159 F. Technical education and training 216 G. Manpower Specialist 18 H. Project Unit 90 1. Professional services and Part 4 of the Project 16 661 Man/months 55 Man/years Scholarships 12.5 Man/years SCHEDULE 3 Procurement A. Contracts for Civil Works 1. Bidders will be required to prequalify. 2. With respect to any contract for civil works estimated to cost the equivalent of $30,000 or more the following shall apply: (a) The Borrower shall, before qualification is invited, inform the Association in detail of the procedure to be followed and shall introduce such modifications in said procedure as the Association shall reasonably request. The list of prequalified contractors together with a statement of their qualifications and of the reasons for the exclusion of any applicant for prequalification, shall be furnished by the Borrower to the Association for its comments before the applicants are notified and the Borrower shall make such additions to or deletions from the said list as the Association shall reasonably request. (b) Before bids are invited the Borrower shall furnish to the Association, for its approval, a list of all contracts for civil works to be let in carrying out the Project indicating the estimated value of each contract and the forecast timetable for award, 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 procedures 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. The bidding documents shall, inter alia, specify that the bidder may submit bids in respect of individual educational institutions included in the Project or a group of them included in the bid invitation, together with related facilities or any combination thereof, the bids therefor to be opened simultaneously and the Borrower to have the option of awarding to one contractor one contract in respect of all such institutions and facilities, or separate contracts in respect of several such institutions and facilities to different contractors. (c) 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 recommendations for award, 23 and the reasons for the intended award. The Association shall, if it detennines that the intended award would be inconsistent with the procedures set forth or referred to in Section 2.03 of this Development Credit Agreement, promptly inform the Borrower and state the reasons for such determination. (d) The terms and conditions of the contract shall not, without the Association's concurrence, materially differ from those on which bids were asked. (e) 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. (f) The Association's approval shall be required for any proposed change in a contract involving a price increase of more than 10% of the contract or more than $20,000 equivalent, whichever is less. 3. With respect to any other contract for civil works, the Borrower shall furnish 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, two conformed copies of such contract, together with the analysis of bids, recommendations for award and such other information as the Association shall reasonably request. The Association shall, if it determines that the award of the contract is not consistent with the procedures set forth or referred to in Section 2.03 of this Development Credit Agreement, promptly inform the Borrower and state the reasons for such determination. 4. All invitations to bid for civil works may be advertised only in newspapers of general circulation in Mauritania. B. Contracts for Materials, Furniture and EquipMent I. Before inviting bids, the Borrower shall send to the Association for its approval, the lists of materials, furniture and equipment required for the Project showing the specifications and the estimated unit and total price. Items shall be indexed, coded and numbered for identification regarding the respective educational institutions and the spaces for which they are required. Such items shall be grouped in lots so as to permit bulk procurement as shall be consistent with sound technical and procurement practices. Insofar as practicable, each such lot shall be for not less than $30,000 equivalent. Amendments to such lists which may be made from time to time shall also be submitted to the Association for approval. Procurement shall be limited to those items of materials, furniture and equipment which are 24 specified in the approved lists mentioned in paragraph B I above and which shall be identified in contract documents by the same indexes, codes and numbers as in such lists. 2. With respect to any contract for equipment or materials estimated to cost less than $5,000 equivalent the Borrower may procure such goods locally according to its established procedure provided that contracts so awarded do not exceed a cumulative total of $45,000 equivalent. 3. With respect to any other contract for such goods: (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. All invitations to 'id for contracts for equipment or materials estimated to cost $5,000 equivalent or more but not more than $30,000 equivalent, and all invitations to bid for contracts for furniture may be advertised only in newspapers of general circulation in Mauritania. (b) The Borrower shall send to the Association, after bids have been evaluated, a summary and analysis thereof, and, in the case of a bid for $5,000 equivalent or more, obtain the Association's approval before awarding a contract. In case of a contract to be awarded to other than the lowest bidder, the Borrower shall send to the Association a brief justification by the Project Unit of the proposed award. 4. Promptly after the contract has been awarded, the Borrower shall furnish the Association with the following: (i) a certificate signed by the Project Director that the goods contracted for are in accordance with the quantities and specifications in the list approved by the Association under paragraph BI above; and (ii) two conformed copies of the contract awarded, promptly after its execution and prior to the submission to the Association of the first application for withdrawal of funds from its Credit Account in respect of such contract. 25 C. 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 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 the Republic of Mauritania 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 the Republic of Mauritania 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 the Republic of Mauritania equal to at least 20( of the ex-factory bid price of such goods. (2) Group B: bids offering goods manufactured in the Republic of Mauritania 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 26 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 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. 27 SCHEDULE 4 Project Organization and Responsibilities A. The Project Unit 1. The Project Unit, within the Ministry, will be under the direction of the Director of the Plan who will be responsible for the overall management of the Project and for coordination with all departments and agencies of the Borrower participating in the carrying out of the Project. To that end, in his capacity as Project Director he will have direct access to the Ministers with overall authority for the said departments and agencies. 2. The Project Unit will consist, in addition to the Director, of the following full-time staff expected to be financed under the Credit: (i) a deputy director; (ii) an accountant; and *6 (iii) a secretary/typist. 3. The Project Unit will be provided with adequate premises, equipment, supporting staff, means of communication and transport and, in addition, will be aided by the services of: (i) the Service de l'Infrastructure and of architect/consultants whose terms of reference are indicated in C below, and (ii) radio technical and maintenance personnel of the Service de la Radio whose terms of reference are indicated in D below. 4. Under the general direction of the Project Director, the Deputy Director of the Project, employed full-time and expected to be financed under the Credit, will be responsible for (i) day-to-day management, (ii) administration of procurement of goods and services, (iii) recruitment and coordination of technical assistance, (iv) coordination with the Sub-Project managers (Section 3.02(c)) on (ii) above. Specific responsiblities of the Project Director and of the Deputy Director are listed below in B. 5. The Sub-Project managers will be responsible for: (i) Program design, development, implementation and evaluation; 28 (ii) Timely preparation of lists of equipment and materials, together with appropriate pedagogical specifications, for communication to the Project Unit; (iii) Preparation in collaboration with the Service de l'Infrastructure and the architect/consultants of educational specifications concerning construction and communication of said specifications to the Project Unit; (iv) Preparation of the terms of reference (which will include inter alia evaluation designs) of specialists and selection and supervision of said specialists (Section 3.05); (v) Selection and briefing of qualified national counterparts, in accordance with the calendar for implementation of technical assistance; (vi) Preparation of terms of reference of short-term consultants and selection and supervision of said consultants; and (vii) Preparation of regular statements of progress for inclusion in the trimestrial reports to be submitted to the Association through the Project Director. B. Specific responsibilities within the Project Unit 1. The Project Director will be responsible for: (i) Coordination of communications with the Association for the day-to-day technical aspects of the Project; (ii) Resolution of any disagreement between the Project Unit and the Sub-Project managers relative to the procurement of goods and services, including technical assistance; (iii) Ensuring that regular project reports relative to the Project are prepared and sent to the Association; (iv) Drawing up, signing and administering up to two man-years of short-term consultant contracts relative to Project implementation; 29 (v) Overall supervision 'for the duties of the Deputy Director listed below; (vi) Selection of Project Unit staff and definitions of their responsibilities; and (vii) Management of the account (caisse d'avance) provided for in Section 4.02(b) of this Agreement. 2. The Deputy Director The Deputy Director will be responsible for: (a) Equipment (i) Ensuring that a detailed list of all items of equipment required for the Project giving detailed specifications for each item, its unit cost and the total cost per type of item are established by the Sub-Project managers; (ii) Grouping articles into lots that will facilitate procurement; (iii) Establishing the lots in such a way as to permit easy delivery to the individual establishments concerned. Items should be coded and numbered; (iv) Preparing standard bidding documents and ensuring that procedures for procurement as provided for in Section 2.03 of the Development Credit Agreement are respected; (v) Assuring the making of analysis and the evaluation of all bids received; (vi) Inspecting all items of equipment received in order to ensure that the quantities of items received are correct and in accordance with the specifications; and (vii) Taking all necessary steps to ensure that items procured are delivered and stored safely at the locations and on the dates specified. (b) Construction 30 (i) Collecting all necessary information relative to the location and conditions of sites of the facilities to be constructed under the Project; (ii) Ensuring that architect/consultant services required for the design of construction are recruited to compliment the services of the Service de l'Infrastructure, on the basis of Section 3.03 of this Agreement; (iii) Ensuring that architect briefs are prepared with the assistance of Sub-Project managers taking into account sound pedagogical specifications and other criteria such as reasonableness of prices and functionality of design; (iv) Prequalifying contractors (with the help of the Service de l'Infrastructure); (v) Preparing all tender documents relative to construction and to the procurement of furniture and for evaluating bids received; (vi) Ensuring that all reports, designs, working drawings and other documents relative to construction of the Project are revised; and (vii) Preparing a program of regular site visits to be conducted by the architect/consultants. (c) Specialists (i) Pursuant to Section 3.05 of this Agreement, recruiting all specialists according to the terms of reference developed with the Sub-Project managers and forwarding to the Association terms of reference and curricula vitae relative to the employment of all specialists; (ii) Preparing and administering specialists' contracts in collaboration with the respective Sub-Project managers; and (iii) Aiding specialists to find suitable housing and office accommodation. (d) General 31 (i) Supervising and directing the work of the Project Unit staff; (ii) Drawing up and keeping up-to-date an overall plan for the implementation of the Project to be based on a critical path method or any other suitable management technique. Such a calendar should indicate all activities or decisions to be undertaken relative to the implementation of all the Project items; (iii) Ensuring that all necessary logistic arrangements (transportation, provision of equipment and materials, recruitment of office personnel) are made in order that the Project Unit and the different parts of the Project operate with maximum effectiveness; (iv) Preparing for the Borrower, to be sent to the Association, regular quarterly reports on the progress of Project implementation; (v) Ensuring that the Project Director is regularly informed of the progress in the execution of the Project; (vi) Preparing all evaluation reports and regular financial reports provided for in the Credit Agreement; (vii) Drawing up any letters of credit if needed; and (viii) Signing or countersigning any and all checks. 3. The Accountant He will be responsible for: (i) Establishing, under the general supervision of the Deputy Director, an overall system of accounting according to the Borrower's regulations and the provisions of this Agreement and for its implementation; (ii) Ensuring that the different accounts have sufficient funds to meet expected disbursements; (iii) Maintaining and verifying any special account which may be opened relative to the Project; 32 (iv) Taking all necessary measures in accordance with this Agreement in order to ensure prompt disbursement of the Credit and, specifically, for ensuring that all requests for disbursement are accompanied by the necessary supporting documents prepared in accordance with the procedures of the Association; (v) Ensuring that a detailed accounting is kept of all contracts signed for the procurement of goods and services for the Project; (vi) Ensuring that the personnel working under his orders comply with the financial regulations in force; and (vii) Supervising personnel under his authority. C. Responsibilities of the Service de l'Infrastructure and the Architect/Consultants The persons or agency selected by the Borrower on the basis of Section 3.03 of this Agreement will be responsible for performing the following tasks on behalf of the Project Unit: (i) Preparing all architectural designs, plans and specifications with supporting documents.; (ii) Ensuring that said designs and plans meet specifications relative to space allocations and to pedagogical requirements in order to minimize as much as possible any revision of plans during the period of construction after contractors' bids have been received; (iii) Ensuring that the contractors respect tile normis and standards indicated in the specifications; (iv) Taking all necessary steps to ensure that all furniture is designed and manufactured according to specifications; (v) Ensuring timely purchase and delivery of all furniture and construction materials; (vi) Verifying and channeling to the Project Unit all requests for payment to be made to contractors; 33 (vii) Checking progress of construction through regular site visits; and (viii) Preparing monthly progress reports for the Project Unit. D. Responsibilities of the Service de la Radio The Service de la Radio will ensure that the following services are performed on behalf of the Project Unit in furtherance of the following items: (a) Koranic School experimental study, (b) teacher up-grading program, and (c) farm radio programming center: (i) Helping the respective Sub-Project managers to prepare any list of technicaI equipment required for the production of radio programs; (ii) Ensuring the necessary maintenance of technical equipment indicated above; (iii) Preparing weekly broadcasting schedules on the basis of requests prepared by the Sub-Project managers; (iv) Aiding in the surveys or samplings of radio listeners required for Project evaluation; (v) Providing promptly as needed technical personnel to the National Pedagogical Center (one programming specialist) and to the Farm Radio Programming Center (one technical maintenance specialist); and (vi) Making a technical evaluation of broadcast reception and establishing the technical data base required for an eventual extension of broadcasting to other parts of the country.