Senegal - Second Education Project : Credit 0530 - Credit Agreement - Conformed

CONFORMED COPY CREDIT NUMBER 530 SE Development Credit Agreement (Second Education Project) BETWEEN REPUBLIC OF SENEGAL AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED FEBRUARY 19, 1975 CONFORMED COPY CREDIT NUMBER 530 SE Development Credit Agreement (Second Education Project) BETWEEN REPUBLIC OF SENEGAL AND INTERNATIONAL DEVELOPMENT ASSOCIATION DATED FEBRUARY 19, 1975 DEVELOPMENT CREDIT AGREEMENT AGREEMENT, dated February 19, 1975, between REPUBLIC OF SENEGAL (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 March 15, 1974, with the same force and effect as if they were fully set forth herein, (said General Conditions Applicable to Development Credit Agreements of the Association 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) "Project Unit" means the Unit referred to in Section 3.01(c) of this Agreement; (b) "EMP" means Enseignement Moyen Pratique; (c) "CFPP" means Centre de Formation et de Perfectionnement Permanent; and (d) "First Education Project" means the project described in the Development Credit Agreement dated June 18, 1971 between the Borrower and the Association. 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 fifteen million dollars ($15,000,000). 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 The amount of the Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule I to this Agreement, as such Schedule may be amended from time to time, for expenditures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 out of the proceeds of the Credit. Section 2.03. Except as the Association shall otherwise agree, contracts for the purchase of goods or for the carrying out of work or services (other than consultants' services) for the Project and to be financed out of the proceeds of the Credit, shall be awarded in accordance with the provisions of Schedule 3 to this Agreement. Section 2.04. The Closing Date shall be June 30, 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 March 15 and September 15 in each year. Section 2.07. The Borrower shall repay the principal amount of the Credit in semi-annual installments payable on each March 15 and September 15 commencing March 15, 1985, and ending September 15, 2024, each installment to and including the installment payable on September 15, 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 Republic of France is hereby specified for the purposes of Section 4.02 of the General Conditions. ARTICLE III Execution of the Project Section 3.01. (a) The Borrower shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative, financial, educational and technical practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the purpose. 5 (b) Without limitation on the obligations of the Borrower under paragraph (a) of this Section, the Borrower shall ensure that sufficient liquid funds be made available in a special account at the Trdsor established for the purpose of covering the anticipated total Project expenditures of the Borrower for at least each quarter. The said account shall also provide funds to a caisse d'avance established in the Project Unit to cover the current expenditures of the Project Unit. (c) For the purpose of overall management and coordination in the carrying out of the Project, the Borrower shall expand and maintain in its Ministry of Public Works the Project Unit established tinder the First Education Project, with such responsibilities, powers, services and facilities as are specified in Schedule 4 to this Agreement. (d) For the efficient operation of the Project Unit, the Borrower shall: (i) promptly appoint a second building engineer and a site supervisor and additional clerica, staff; (ii) appoint one of the building engineers Deputy Project Director, all to be acceptable to the Association and engaged upon terms and conditions satisfactory to the Association; and (iii) make the Project Director responsible for contracting, in consultation with the Association, up to two man-years of the specialists' services under Part B of the Project, under short-term contracts approved by the Association. (e) The Borrower shall also appoint as Sub-project Managers, the officers responsible for such administrative or operational divisions within the Ministries in charge of National Education, Tourism and Promotion Humaine, and with such responsibilities and powers, as are specified in Schedule 4 to this Agreement. Section 3.02. (a) In order to assist the Borrower in the procurement of goods and services ar,d in the preparation of designs of and specifications for buildings and other facilities included in Part A of the Project and in the supervision of the construction works included therein, the Borrower shall employ consultant architects and curriculum and equipment specialists acceptable to the Association upon terms and conditions satisfactory to the Association. (b) In carrying out the construction works included in Part A of the Project, the Borrower shall ei.ploy contractors acceptable to the Association upon terms and conditions satisfactory to the Association. Section 3.03. The Borrower shall: (i) award the scholarships included in Part BI of the Project to candidates and for programs of study acceptable to the Association; (ii) with regard to the specialists' services included in Part B of the Project, employ specialists acceptable to the Association upon terms and conditions 6 satisfactory to the Association; (iii) appoint counterparts, acceptable to the Association, to said specialists, in accordance with a timetable acceptable to the Association; (iv) cause said specialists to develop and implement data collection procedures (including tasks required for evaluation) for the various facilities referred to in Part A of the Project; and (v) make available to the Association, as soon as available, interim and final reports on said evaluation for review by the Association. Section 3.04. (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 3.05. (a) The Borrower shall furnish to the Association for approval, promptly upon their preparation, the plans, specifications, reports, contract documents and construction and procurement schedule for the buildings and facilities included in the Project, and material modifications thereof or additions thereto, in such detail as the Association shall reasonably request. The Borrower shall also submit to the Association for its approval the design of the pre-investment study described in Schedule 2, Part B4 of this Agreement and shall consult with the Association on the findings of the study. (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 representatives to visit the facilities and construction sites included in the Project and to examine 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. Section 3.06. The Borrower shall take all such action as shall be necessary to acquire not later than the dates scheduled for the beginning of construction all such land or rights in respect of land as shall be required for the construction and operation of the facilities included in the Project and shall furnish to the 7 Association, promptly after such acquisition, evidence satisfactory to the Association that such land and rights in respect of land are available for purposes related to the Project. Section 3.07. The Borrower shall ensure that two counterparts to each of the specialists under Part B2(i) of the Project, selected in consultation with the Association, be trained as specialized inspectors for science, technology and domestic science. Section 3.08. The Borrower shall utilize the services of technical assistants from international or bilateral sources for the development of the programs and the provision of instructional staff for the hotel and tourism training and upgrading center and shall cause the instructional programs so prepared to be furnished for its and the Association's approval. Section 3.09. (a) The Borrower shall (i) cause the Planning Services of its ministry responsible for Planning, jointly with its ministry responsible for Promotion Humaine, to carry out a survey for the purpose of identifying the areas and groupements ruraux, the terms of reference of which shall be established in consultation with the Association, which are capable of providing the conditions necessary for the EMP centers to be established under Part A of the Project; and (ii) consult with the Association on the results of the said survey and select the groupements ruraux for said EMP centers. (b) The Borrower shall, in consultation with the Association prior to the construction of each of the EMP centers, establish within the groupements ruraux an appropriate form of community participation in the centers. (c) The Borrower shall establish a minimum age acceptable to the Association for the selection of youth for the EMP centers. (d) In order to facilitate the establishment of future EMP centers, the Borrower shall conduct evaluations of the EMP instructional and training programs and shall prepare case histories on the establishment of the EMP centers after each phase of their establishment, and shall furnish such evaluations and histories promptly to the Association for consultations thereon between the Borrower and the Association. Section 3.10. The Borrower shall ensure that: (i) the Ecole Nationale de Formation Maritime recruit promising candidates even if such candidates lack formal education; and (ii) such candidates be provided with such complementary basic 8 courses as shall be necessary to allow such candidates to follow courses of the said School for prospective seamen. ARTICLE IV Other Covenants Section 4.01. (a) 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 responsible for carrying out the Project or any part thereof. (b) Without any limitation or restriction upon the provisions of paragraph (a) of this Section, the Borrower shall ensure that the accounts of the h6tel d'application are kept separately from those of the hotel and tourism training and upgrading center. Section 4.02. (a) The Borrower shall cause each entity and institution included in the Project to carry out 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. (b) The Borrower shall: (i) cause the buildings, furniture and equipment of the educational institutions included in the Project to be adequately maintained and shall cause all necessary renewals and repairs thereof to be made; and (ii) take appropriate administrative and financial measures for the purpose of such maintenance. (c) Without limitation of the obligations of the Borrower under paragraph (a) of this Section, the Borrower shall, in the operation of the lower-secondary schools, laboratories and workshops included in Parts Al and A2 of the Project, (I) ensure that a specific budgetary allocation be made annually; (ii) establish inventory and budgetary procedures, satisfactory to the Association, for each center. (d) Without limitation of the obligations of the Borrower under paragraph (a) of this Section, the Boirower shall ensure that an adequate number of teachers or instructors trained under the Project be made available to operate the facilities included in Parts A 1, A2 and A5 of the Project. Section 4.03. For the purpose of carrying out an evaluation of the effectiveness of the education or training programs at the lower-secondary 9 laboratories and workshops, at the CFPP center and at the hotel and tourism training center, the Borrower shall, on the date on which said facilities come into operation or such other date as may be agreed upon between the Borrower and the Association, have established a permanent system, satisfactory to the Association, fcr following the careers of graduates of such programs. Section 4.04. The Borrower shall, within one year from the date hereof, establish a conseil de perfectionnement for the CFPP with such composition, powers and duties as shall be agreed between the Borrower and the Association. Section 4.05. The Borrower shall consult with the Association on the planning of education and training programs with a view to ensuring maximum adaptation of such programs to employment needs. ARTICLE V Termination Section 5.01. The date June 16, 1975 is hereby specified for the purposes of Section 12.04 of the General Conditions. Section 5.02. The obligations of the Borrower under Article IV of this Agreement shall cease and determine on the date on which the Development Credit Agreement shall terminate or on a date thirty years after the date of this Agreement, whichever shall be the earlier. ARTICLE VI Representative of the Borrower; Addresses Section 6.01. The Minister responsible for Finance of the Borrower is designated as representative of the Borrower for the purposes of Section 11.03 of the General Conditions. Section 6.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Borrower: Ministere des Finances Rue Charles Lafne Bofte Postale 4017 Dakar, S6n6gal 10 Cable address: MINIFINANCES Dakar 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 in the District of Columbia, United States of America, as of the day and year first above written. REPUBLIC OF SENEGAL By /s / Andr6 Coulbary Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION By /s / Roger Chaufournier Regional Vice President Western Africa 11 SCHEDULE I 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 expenditures for items so to be financed in each Category: Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed I. Civil works 4,792,000 63% of total under Part A expenditures of the Project II. Furniture, equip- ment and materials under Part A of the Project (a) Directly 1,808,000 100% of foreign imported expenditures (b) Locally 535,000 100% of total manufactured expenditures (c) Imported but 178,000 100% of total purchased expenditures locally III. Services of 1,1 15,000 100% of total consultant expenditures architects and technical spe- cialists under Part A of the Project 12 Amount of the Credit Allocated % of (Expressed in Expenditures Category Dollar Equivalent) to be Financed IV. Services of 1,977,000 100% of total specialists and expenditures scholarships under Part B of the Project V. Costs of two 312,000 100% of total building en- expenditures gineers, a site supervisor and an accountant, furniture, equip- ment, supplies and office space for Project Unit under Part C of the Project VI. Unallocated 4,283,000 TOTAL 15,000,000 2. For the purposes of this Schedule: (a) the term "foreign expenditures" means expenditures for goods or services supplied from the territory, and in the currency, of any country other than the Borrower; provided, however, that if the currency of the Borrower is also that of another country from the territory of which goods or services are supplied, expenditures in such currency for such goods or services shall be deemed to b. "foreign expenditures"; 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. 13 3. The disbursement percentages have been calculated in compliance with the policy of the Association that no proceeds of the Credit shall be disbursed on account of payments for taxes levied by, or in the territory of, the Borrower on goods or services, or on the importation, manufacture, procurement or supply thereof; to that end, if any event occurs which shall affect the amount of any such taxes included in the cost of any item to be financed out of the proceeds of the Credit, the Association may, by notice to the Borrower, correspondingly adjust the disbursement percentage then applicable to such item. 4. Notwithstanding the provisions of paragraph I above, no withdrawals shall be made in respect of: (a) expenditures prior to the date of this Agreement; (b) expenditures in respect of Categories I and II on account of expenditures incurred for the establishment of the hotel and tourism training and upgrading center and the h6tel d'application until the Borrower shall have entered into an agreement with the representatives of the industry for the purpose of assisting the Borrower in the operation of said center and h6tel d'application. (c) expenditures in respect of Categories 1, 11, and IV on account of expenditures incurred for the implementation of the EMP program, until the Borrower shall have made provision to ensure the cooperation to the said program of all necessary technical staff from the relevant services. 5. Notwithstanding the allocation of an amount of the Credit or the disbursement percentages set forth in the table in paragraph I above, if the Association has reasonably estimated that the amount of the Credit then allocated to any Category will be insufficient to finance the agreed percentage of all expenditures in that Category, the Association may, by notice to the Borrower: (i) reallocate to such Category to the extent required to meet the estimated shortfall proceeds of the Credit which are then allocated to another Category and which in the opinion of the Association are not needed to meet other expenditures, and (ii) if such reallocation when applied to Category 1, 11(b) or 11(c) cannot fully meet the estimated shortfall, reduce the disbursement percentage then applicable to such expenditures in order that further withdrawals under such Category may continue until all expenditures thereunder shall have been made. 6. 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 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 14 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. 15 SCHEDULE 2 Description of the Project The Project consists of the following parts: Part A: 1. The design, construction, furnishing and equipment, and replacement of instructional material and consumables during the first three years of operation, of eleven prototype centers consisting of multipurpose laboratories and basic technology and domestic science workshops, each center serving a number of lower-secondary schools, as detailed in paragraph Al of the Exhibit to this Schedule. 2. The design, construction, furnishing and equipment of the four lower-secondary schools listed in paragraph A2 of such Exhibit. 3. The design, conversion, furnishing and equipment of a Centre de Formation et de Perfectionnement Permanent (CFPP), for the upgrading and training of industrial employees and self-employed skilled workers, on the site of the Centre de Qualification Industrielle de Dakar, converting about 3200 m2 of existing space. 4. The design, construction, furnishing and equipment of a hotel and tourism training and upgrading center and of a h6tel d'application and boarding facilities in Dakar. 5. (i) The design, construction (with the assistance of the villagers), equipment and furnishing of thirty EMP centers, as described in paragraph A5 of the Exhibit to this Schedule; and (ii) the equipment of one national and four regional EMP staff-training centers and equipment for eight mobile departmental teams charged with establishing and developing the EMP programs. 6. Equipment and rehabilitation of classrooms at the Ecole Nationale de Formation Maritime in Dakar. Part B: 1. Provision of scholarships for: (i) the CFPP center and (ii) for EMP. 16 2. Utilization of specialists' services for the organization of the initial teacher training programs and for the subsequent curriculum development, counterpart training and program development and implementation, namely, for (i) the lower-secondary laboratories and workshops; (ii) the CFPP center; and (iii) the EMP centers, substantially as detailed in paragraph B of the Exhibit to this Schedule. 3. Utilization of up to eight man-years of specialists' services for training local personnel and organizing and developing procedures for improved planning and management in the Ministry responsible for national education and developing manpower planning capabilities in the Division of Human Resources of the Ministry responsible for the Plan. 4. Utilization of up to five man-years of specialists' services to assist the Directorate of Planning and Research of the Ministry responsible for national education in conducting a study of alternatives for extending a basic education to that population not served at present by the existing education system, and in designing and preparing a subsequent education development project. 5. The utilization of two man-months of technical assistance to assist the Ministry responsible for tourism in the design of the courses, preparation of equipment lists and recruitment of teaching staff, for the operation of the institutions referred to in Part A 4 of the Project. Part C: The maintenance and reinforcement of the Project Unit, including, inter alia, the employment of two building engineers, a site supervisor and clerical staff, and the provision of furniture and equipment therefor. Parts A and C of the Project are expected to be completed by December 31, 1977; Part B of the Project is expected to be completed by December 31, 1979. 17 EXHIBIT TO SCHEDULE 2 A. Construction 1. Laboratories and Workshops Science Domestic Estimated new Location Lab. Workshop sc.workshop net area (m2) POINT "E" 3 4 1 960 LIBERTE III;DIEUPPEUL (I) 4 7 1 1373 BLAISE DIAGNE 3 7 1 1303 KENNEDY 4 8 1 1499 PIKINE 4 7 1 1373 THIES 1 5 1 897 DIOURBEL 3 6 1 1205 KAOLACK 3 6 1 1205 ST. LOUIS (LYCEE CH. DE GAULLE) 3 6 1 1205 ZIGUINCHOR 3 7 1 1303 RUFISQUE 4 8 1 1499 2. Lower Secondary Schools (replacements) Class Science Technol. Craft Domest. Art. Lang. Estim Location room Lab. room Room Sc. Room Room Lab. net m2 FATICK 13 1 1 1 1 1 1. 1579 GOSSAS 13 1 1 1 1 1 1 1579 KAFFRINE 13 1 1 1 1 1 1 1579 SEDHIOU 7 1 1 - 1 - 1 950 3. Upgrading and Training Center (CFPP) Location: CQID (Centre de Qualification Industrielle de Dakar) Conversions will be made on approximately 3200 m2 of existing space. 4. Hotel Training Center;H6tel d'Application Location: Dakar (a) Training Center Instructional language hotel restaur. kitchen estim. net area space lab. model r. lab. lab. (m2) 11 1 1 1 1 1375 (b) H6tel d'Application rooms restaurant kitchen miscellaneous estim. net area (m2) 50 1 1 - 1568 (c) Boarding Facilities estim. net area (m2) 500 5. EMP Centers (30) Staff housing 3 Kitchen 1 Assembly room 1 Hangar 2 Classroom 1 Workshop 2 Estimated net area 554 m2 18 B. Specialists and Approximate Periods of Service - Scholarships 1. Lower-secondary Laboratories and Workshops: About 9 man-years of specialists' services in the fields of teacher training, integrated science, domestic science and family education and in the design and repair of science and technology teaching materials, to assist in the introduction of the practical facilities. 2. CFPP center: (i) about ten man-years of specialists' services to provide instruction at the CFPP center and to assist in its organization and management; and (ii) about two man-years of scholarships for the upgrading of local instructors for the CFPP center. 3. EMP: (i) about four man-years of specialists' services and 16 man-months of consultants' services; and (ii) about 170 man-months of scholarships to assist in the training of EMP staff. 4. Hotel and tourism training and upgrading center: about two man-months of consultants' services. 5. Educational Planning and Management: about six man-years of specialists' services. 6. Preinvestment study: approximately five man-years of consultants' services. 19 SCHEDULE 3 Procurement A. General Procedures 1. Except as provided in Part A3 hereof, contracts shall be let under procedures consistent with those set forth in "Guidelines for Procurement under World Bank Loans and IDA Credits" published by the Bank in April 1972, as revised in October 1972 (hereinafter called the Guidelines), on the basis of international competitive bidding. 2. In the implementation of the procedures referred to in Part A 1 above, the following will apply: (i) bidders for the civil works included in the Project, except as described in Part A3(b) below, shall be prequalified as described in Part 2.2 of the Guidelines; and (ii) with respect to contracts for materials, furniture and equipment, such items shall be grouped in lots so as to permit such bulk procurement as shall be consistent with sound technical and procurement practices and, insofar as practicable, each such lot shall be for not less than $100,000 equivalent. 3. Exceptions may be made to the procedures referred to in the Guidelines as follows: (a) with respect to invitations to prequalify for bidding for any contract for civil works, or to bid on any contract for lots of materials, furniture or equipment estimated to cost less than $100,000, representatives of member countries of the Bank and of Switzerland need not be notified as described in Part 2.1 of the Guidelines; for such lots estimated to cost less than $5,000 equivalent, the Borrower may procure such goods through local advertising according to its own procedures and without regards to the Guidelines, provided that contracts so awarded do not exceed a cumulative total of $150,000 equivalent; and (b) with respect to the EMP centers included in the Project the Borrower may procure required civil works and furniture locally according to its own procedures. 20 B. Evaluation and Comparison of Bids for Goods; Preference for Domestic Manufacturers 1. For the purpose of evaluation and comparison of bids for the supply of goods: (i) 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 domestically-manufactured goods; (ii) customs duties and other import taxes on imported goods, and sales and similar taxes on domestically-supplied goods, shall be excluded; and (iii) 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 included. 2. Goods manufactured in Senegal may be granted a margin of preference in accordance with, and subject to, the following provisions: (a) All bidding documents for the procurement of goods shall clearly indicate any preference which will be granted, the information required to establish the eligibility of a bid for such preference and the following methods and stages that will be followed in the evaluation and comparison of bids. (b) After evaluation, responsive bids will be classified in one of the following three groups: (1) Group A: bids offering goods manufactured in Senegal 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 Senegal equal to at least 20% of the ex-factory bid price of such goods. (2) Group B: all other bids offering goods manufactured in Senegal. (3) Group C: bids offering any other goods. (c) All evaluated bids in each group shall be first compared among themselves, excluding any customs duties and other import taxes on goods to be imported and any sales or similar taxes on goods to be supplied domestically, to determine the lowest evaluated bid of each group. The lowest evaluated bid 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 the award. (d) If, as a result of the comparison under paragraph (c) above, the lowest bid is a bid from group C, all group C bids shall be further compared with the 21 lowest evaluated bid from group A after adding to the c.i.f. bid price of the imported goods offered in each group C bid, for the purpose of this further comparison only, an amount equal to (i) the amount of customs duties and other import taxes which a non-exempt importer would have to pay for the importation of the goods offered in such group C bid, or (ii) 15% of the c.i.f. bid price of such goods if said customs duties and taxes exceed 15% of such price. If the group A bid in such further comparison is the lowest, it shall be selected for the award; if not, the lowest evaluated bid from group C shall be selected. C. Review of Procurement Decisions by the Association I. Contracts for Civil Works 1. Review of prequalification: The Borrower shall, before prequalification 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, deletions from, or modifications in, the said list as the Association shall reasonably request. 2. Review of invitation to bid and of proposed awards and final contracts: With respect to all contracts for civil works estimated to cost the equivalent of S150,000 or more: (a) Before bids are invited, the Borrower shall furnish to the Association, for its comments, 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, and shall make such modifications in the said documents 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 which it intends to award the contract and the reasons for the intended award and shall furnish to the Association, in sufficient time for its review, 22 a detailed report, by the consultants referred to in Section 3.02(a) of this Agreement, on the evaluation and comparison of the bids received, together with the recommendation for award of the said specialists and such other information as the Association shall reasonably request. The Association shall, if it determines that the intended award would be inconsistent with the Guidelines or this Schedule, 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 or prequalification invited. (d) Two conformed copies of the contract shall be furnished to the Association promptly after its execution and prior to the submission to the Association of the first application for withdrawal of funds from the Credit Account in respect of such contract. (e) 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 each contract to be financed out of the proceeds of the Credit and not governed by the preceding paragraph, the Borrower shall furnish to the Association, promptly after its execution and prior to the submission to the Association of the first application for withdrawal of funds from the Credit Account in respect of 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 was not consistent with the Guidelines or this Schedule, promptly inform the Borrower and state the reasons for such determination. II. 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. 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 specified in such lists and which shall be identified in contract documents by the same indexes, codes and numbers as in such lists. 23 2. Before bids are invited, the Borrower shall also 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. 3. 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. 4. Promptly after thc contract has been awarded, the Borrower shall furnish the Association with 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 II.1 above. 5. Two conformed copies of the contract awarded will be furnished to the Association 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. 24 SCHEDULE 4 Project Administration and Responsibilities A. The Project Unit 1. The Project Unit established under the First Education Project, under the direction of the Director of Public Works acting as the Project Director, and consisting further of a building engineer and an accountant, will be reinforced by an additional building engineer and a site supervisor, appointed on a full-time basis, and by additional clerical staff. 2. One of the building engineers will also serve as Deputy Project Director. Under the general direction of the Project Director, the Deputy Project Director will assist the Project Director in the day-to-day general management of the Project. 3. The Project Director shall be responsible, inter alia, specifically for the following, under the authority of the Minister responsible for Public Works: (a) overall supervision of the duties of the Deputy Project Director; (b) coordination of all Project activities with the Sub-project Managers in the ministries and other agencies of the Borrower; (c) selection of Project Unit staff and definitions of their responsibilities; (d) resolution of any disagreement between the Deputy Project Director and the Sub-project Managers relative to procurement of goods and services, including technical assistance; (e) arrangements for the selection of specialists under Part B of the Project and administration of contracts with such specialists; (f) drawing up, signing and administering up to two man-years of short-term contracts for the utilization of specialists' services necessary under Part B of the Project, after having consulted with the Association and obtained its approval; (g) coordination of communications with the Association for the day-to- day technical aspects of the Project; (h) ensuring that quarterly project expenditure estimates are prepared for timely replenishment of the caisse d'avance provided for in Section 3.01(b); and 25 (i) ensuring that quarterly progress reports relative to the Project are prepared and sent to the Association. 4. The Deputy Project Director shall be responsible, inter alia, specifically for the following: (a) Construction: (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 architects' 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- (iii) initiating procedure for prequalifying of contractors; (iv) necessary arrangements for inviting bids and awarding contracts; (v) arrangements for the review and approval of the reports, designs, working drawings and other documents relative to construction; and (vi) preparing a program of regular site visits to be conducted by the consultant architects. (b) Furniture, equipment and materials: (i) ensuring that a detailed list of all items of furniture, equipment and materials 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 with the assistance of the consultant architects and technical specialists; (ii) grouping items 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); 26 (iv) necessary arrangements for inviting bids and awarding contracts; (v) inspecting all items of furniture, equipment and materials received in order to ensure that the quantity and quality of items received are correct and in accordance with the specifications; and (vi) taking all necessary steps to ensure that items procured are delivered and stored safely at the locations and on the dates specified. (c) Specialists: (i) initiating procedures for the recruitment of all specialists according to the terms of reference established by 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: (i) supervising and directing the work of the Project Unit staff; (ii) preparing regular meetings with the Sub-project Managers to ensure effective coordination of all technical aspects of the Project; (iii) 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 parts of the Project; (iv) ensuring that all necessary logistic arrangements (transportation, provision of equipment and furniture, requirement of clerical 27 staff) are made in order that the Project Unit and the different parts of the Project operate with maximum effectiveness; (v) preparing for submission through proper channels applications for withdrawals from the Credit Account; (vi) preparing and maintaining Project accounts including payment vouchers and applications for withdrawals from the Credit Account; (vii) preparing for the Borrower, to be sent to the Association, quarterly reports on the progress of Project implementation; (viii) ensuring that the Project Director is regularly informed of the progress in the execution of the Project; and (ix) ensuring that aU evaluation reports and regular financial reports provided for in this Agreement are prepared. 5. The site supervisor shall be responsible, inter alia, specifically for the following: (i) carrying out, at least once a week, site inspections, such inspections to include verification of the quality of the construction works performed as well as the progress of such works; (ii) being present at all important performances on the sites, such as soil tests, examination of reinforcement of concrete slabs and columns, and eventual quantity surveying for unanticipated measures; (iii) preparing, on the sites of the construction works, weekly reports on the progress of the works in the form of a diary, to serve as a basis for the preparation of monthly and quarterly progress reports; (iv) verification of interim payment claims of contractors; and (v) such other supervision activities as may reasonably be sought by the technical staff of the Project Unit. 28 6. The Project Unit shall be provided with the necessary office space, furniture and equipment as may be required by its new responsibilities. B. The Sub-project Managers 1. The Sub-project Managers will be appointed as follows: (a) the Planning and Research Officer within the Ministry responsible for Education shall be appointed Sub-project Manager for Parts Al, A2, B2(i), B3 and B4 of the Project; (b) the assistant to the Director of Technical and Vocational Education within the Ministry responsible for National Education shall be appointed Sub-project Manager for Parts A3, A6, B1(i) and B2(ii) of the Project; (c) the officer responsible for Training within the Ministry responsible for Tourism shall be appointed Sub-project Manager for Parts A4 and B5 of the Project; (d) the officer responsible for EMP within the Ministry responsible for Promotion Humaine shall be appointed Sub-project Manager for Parts A5, B l(ii) and B2(iii) of the Project. 2. The Sub-project Managers will be responsible, under the responsibility of their respective Ministers, inter alia, for performing the following specific tasks on behalf of the Project Unit for their corresponding part of the Project: (a) timely preparation of lists of equipment and materials, together with appropriate pedagogical specifications, for communication to the Project Unit; (b) timely preparation, in collaboration with the consultant architects and other technical specialists, of all educational specifications for buildings and equipment under Part A of the Project, with supporting documents, taking into account the architectural briefs and programs discussed with the Association and agreed upon by the Borrower and the Association; (c) establishment of the terms of reference (which will include inter alia evaluation designs) of the specialists under Part B of the Project and selection and supervision of said specialists; (d) arrangements for the selection and briefing of qualified national counterparts to said specialists in accordance with the calendar for implementation of technical assistance; 29 (e) design, development, implementation and evaluation of education and training programs; and (f) preparation of regular statements of progress for inclusion in the quarterly reports to be submitted to the Association through the Project Director. C. Responsibilities of the consultant architects The Borrower shall ensure that the persons or agency selected by the Borrower as consultant architects on the basis of Section 3.02(a) 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 the norms 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 construction materials; (vi) verifying and channeling to the Project Unit all requests for payment to be made to contractors; (vii) checking progress of construction through regular site visits; and (viii) preparing monthly progress reports for the Project Unit.