Senegal - Third Education Project : Credit 0908 - Credit Agreement - 2 - Conformed

CONFORMED COPY SPECIAL ACTION CREDIT NUMBER 11 SE Special Action Credit Agreement (Third Education Project) between REPUBLIC OF SENEGAL and INTERNATIONAL DEVELOPMENT ASSOCIATION as ADMINISTRATOR of the SPECIAL ACTION ACCOUNT established with funds contributed by the MEMBER STATES of the EUROPEAN ECONOMIC COMMUNITY Dated May 23, 1979 SPECIAL ACTION CREDIT NUMBER 11 SE SPECIAL ACTION CREDIT AGREEMENT AGREEMENT, dated May 23, 1979, between REPUBLIC OF SENEGAL (the Borrower) and INTERNATIONAL DEVELOPMENT ASSOCIATION as ADMINISTRATOR of the Special Action Account established with funds contributed by the MEMBER STATES of the EUROPEAN ECONOMIC COMMUNITY. WHEREAS (A) by the Agreement, dated May 2, 1978, between the International Development Association (hereinafter called IDA) and the European Economic Community and its Member States there has been established by IDA a Special Action Account constituted by the funds which shall be contributed by the Member States of the European Economic Community and administered by IDA, acting as Administrator of such Special Action Account, for the purpose of, and in accordance with, the provisions of said Agreement; (B) the Borrower has requested the Administrator for assis- tance from the resources of the Special Action Account in the financing of a project described in Schedule 2 to this Agreement (hereinafter called the Project) and the Administrator has deter- mined that such assistance would be in accordance with the provi- sions of the Agreement of May 2, 1978 referred to above; (C) the Borrower has also requested IDA to provide addi- tional assistance towards the financing of the Project and the remaining part of the Third Education Project of the Borrower and by an agreement of even date herewith between the Borrower and IDA (hereinafter called the Development Credit Agreement) IDA is agreeing to provide such assistance in an aggregate principal amount in various currencies equivalent to twenty-two million dollars ($22,000,000) (hereinafte,r called the IDA Credit); and WHEREAS the Administrator has agreed, on the basis inter alia of the foregoing, to extend the Special Action Credit to the Borrower upon the terms and conditions hereinafter set forth; NOW THEREFORE the parties hereto hereby agree as follows: ARTICLE I General Conditions; Definitions Section 1.01. The parties to this Agreement accept all the provisions of the General Conditions Applicable to Development -2- Credit Agreements of the International Development Association, dated March 15, 1974, with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications thereof (said General Conditions Applicable to Development Credit Agreements of the International Development Association, as so modified, being hereinafter called the General Conditions): (a) the term "Association", wherever used in the General Conditions, means the International Development Association acting as the Administrator of the Special Action Account referred to in the Preamble to this Special Action Credit Agreement; (b) the terms "Development Credit Agreement" and "Credit", wherever used in the General Conditions are amended to read "Special Action Credit Agreement" and "Special Action Credit", respectively; (c) Sections 4.01, 4.02, 4.03, 4.04 and the second sentence of Section 5.01 are deleted; and (d) in Sections 6.02 and 7.01, the term "Association" shall also include the International Development Association acting in its own capacity. Section 1.02. Wherever used in this Agreement, unless the context otherwise requires, the several terms defined in the General Conditions and in the Preamble to this Agreement have the respective meanings therein set forth and the following additional terms have the following meanings: (a) "Member States" means the Member States of the European Economic Community, i.e. Belgium, Denmark, The Federal Republic of Germany, France, Ireland, Italy, Luxembourg, The Netherlands and The United Kingdom; (b) "Administrator" means the International Development Association acting as Administrator of the Special Action Account referred to in the Preamble to this Special Action Credit Agree- ment; (c) "First Education Project" means the project described in the Development Credit Agreement dated June 18, 1971, between the Borrower and the Association; -3- (d) "Project Unit" means the Unit established within the Borrower's Ministry responsible for Public Works pursuant to the First Education Project and referred to in Section 3.01 (c) of this Agreement; and (e) "CFA Francs" and "CFAF" means the currency of the Borrower. ARTICLE II The Special Action Credit Section 2.01. The Administrator agrees to lend to the Bor- rower on the terms and conditions in the Special Action Credit Agreement set forth or referred to, the following currency amounts: Five million four hundred Belgian francs (BF5,489,000); eighty nine thousand Six hundred eighty Danish kroner (DK683,000); three thousand Two million six hundred Deutsche marks (DM2,638,000); thirty eight thousatid Two million seven hundred French francs (FF2,789,000); eighty nine thousand Six thousand one hundred Irish pounds (IrE6,100); Three hundred twenty three Italian lire (ItL323,631,000); million six hundred thirty one thousand One hundred seventy three Luxembourg francs (LF173,000); thousand Seven hundred twenty Netherlands guilders (Df1 729,000); nine thousand and Six hundred seventy two Pounds sterling (672,600). thousand six hundred -4- Section 2.02. (a) The proceeds of the Special Action Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule 1 to this Agreement, as such Schedule may be amended from time to time by agreement between the Borrower and the Administrator, for expenditures made (or, if the Administrator shall so agree, to be made) in respect of the reasonable cost of goods and services required for the Project and to be financed out of the proceeds of the Special Action Credit. (b) Withdrawals shall be made only on account of expendi- tures (i) in the currency of the Borrower, or (ii) for goods produced in, or services supplied from, (A) any of the Member States and (B) any developing country which is a member of the International Development Association and could be the recipient of a special action credit, as determined by the Administrator. (c) Withdrawals from the Credit Account shall be made in the respective currencies in which the expenditures to be financed out of the proceeds of the Special Action Credit have been paid or are payable or, at the option of the Administrator, in such currency or currencies as the Administrator shall from time to time select. Section 2.03. Except as the Administrator shall otherwise agree, procurement of the goods and civil works to be financed out of the proceeds of the Special Action Credit shall be governed by the provisions of Schedule 3 to this Agreement. Section 2.04. The Closing Date shall be December 31, 1981, or such later date as the Administrator shall establish. The Administrator shall promptly notify the Borrower of such later date. Section 2.05. (a) The Borrower shall pay to the Administrator a service charge at the rate of three-fourths of one per cent (3/4 of 1%) per annum, on each of the various currency amounts with- drawn from the Credit Account and outstanding from time to time. The amounts of service charge in various currencies so found, and additional service charges (if any) payable pursuant to Section 3.02 of the General Conditions, shall be payable in the currency of the Republic of France, or in another currency selected by the Administrator in accordance with the provisions of paragraph (b) of this Section, after their conversion into such currency on the basis of exchange rates determined in accordance with the provi- sions of Section 4.05 of the General Conditions. -5- (b) If the Administrator shall at any time determine that the currency so specified or selected is not freely convertible or freely exchangeable by the International Development Association for currencies of other members of the International Development Association for the purposes of its operations, service charges shall be payable in such other currency as the Administrator may select for such purposes and shall notify in writing to the Borrower, whereupon, commencing thirty days after the date of such notice, service charges shall be payable in such other currency. Section 2.06. Service charges shall be payable semiannually on May 1 and November 1 in each year. Section 2.07. (a) The Borrower shall repay the principal amount of the Special Action Credit in semiannual installments payable on each May 1 and November 1 commencing November 1, 1989 and ending May 1, 2029, each installment to and including the installment payable on May 1, 1999, to be one-half of one per cent (1/2 of 1%) of such principal amount, and each installment there- after to be one and one-half per cent (1-1/2%) of such principal amount. (b) Each of the installments payable pursuant to paragraph (a) of this Section shall be the aggregate of such amounts in the various currencies withdrawn from the Credit Account as shall be found by multiplying the total amount in each currency so with- drawn by the applicable installment percentage as specified in paragraph (a) of this Section, unless the Administrator shall otherwise specify by notice to the Borrower prior to each payment date for the purpose of avoiding the payment of fractional cur- rency amounts. (c) If withdrawal shall have been made in a currency which the Administrator shall have purchased with one or more other currencies for the purpose of such withdrawal, the portion of the Special Action Credit so withdrawn shall, for the purpose of paragraph (b) above, be deemed to have been withdrawn in the currency or currencies used by the Administrator for such purchase in the amounts of such currency or currencies so used. (d) The Administrator will, at the request of the Borrower and on such terms and conditions as the Administrator shall determine, use its best efforts to purchase any currency needed by the Borrower for payment of principal required under this Agree- ment upon payment by the Borrower of sufficient funds therefor in a currency or currencies to be specified by the Administrator from -6- time to time. In purchasing the currencies required the Adminis- trator shall be acting as agent of the Borrower and the Borrower shall be deemed to have made any payment required under this Agreement only when and to the extent that the Administrator has received such payment in the currency or currencies required. Section 2.08. The Minister responsible for Finance is desig- nated as representative of the Borrower for the purposes of taking any action required or permitted to be taken under the provisions of Section 2.02 of this Agreement and Article V of the General Conditions. 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 appro- priate administrative, financial and educational practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the purpose. (b) Without limitation on the obligations of the Borrower under paragraph (a) of this Section, the Borrower shall establish by December 31, 1979, a revolving fund of fifty million CFA Francs (CFAF50,000,000) to pre-finance the operating cost of the Project Unit and to finance the Borrower's local cost contribution to the Project and the related project referred to in Recital (C) of this Agreement, and shall replenish such fund as and when required to ensure that on the first day of each calendar quarter sufficient liquid funds are available in the fund for the purpose of covering anticipated costs for each such calendar quarter. (c) The Borrower shall cause the Project Unit to exercise overall management and coordination in the carrying out of the Project, with such responsibilities, powers, services and facili- ties as are specified in Schedule 4 to this Agreement. (d) For the efficient operation of said Project Unit, the Borrower shall promptly appoint specialists for the purpose of site supervision, equipment procurement and accounting, whose qualifications, terms of reference and conditions of employment shall be satisfactory to the Borrower and the Administrator, and shall ensure that the Project Unit has adequate support staff. -7- (e) The Borrower shall cause its Ministries of National Education and Higher Education to promptly designate senior officials from each Ministry to serve as SubpProject Managers, with such responsibilities and powers as are specified in Schedule 4 to this Agreement, as such Schedule may be amended from time to time by agreement between the Borrower and the Administrator. Section 3.02. (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 Special Action Credit against hazards incident to the acquisition, transportation and delivery thereof to the place of use or installation, and for such insur- ance any indemnity shall be payable in a currency freely usable by the Borrower to replace or repair such goods. (b) Except as the Administrator shall otherwise agree, the Borrower shall cause all goods and services financed out of the proceeds of the Special Action Credit to be used exclusively for the Project. Section 3.03. In order to assist the Borrower in preparation of the plans, specifications, reports, contract documents and construction,and procurement schedules for the buildings and facilities of the Project, the Borrower shall employ consultants whose qualifications, experience, terms of reference and condi- tions of employment shall be satisfactory to the Administrator. Section 3.04. (a) The Borrower shall furnish to the Adminis- trator, promptly upon their preparation, the construction and procurement schedules for the Project, and any material modifica- tions thereof or additions thereto, in such detail as the Adminis- trator shall reasonably request. (b) The Borrower: (i) shall maintain records and proce- dures adequate to record and monitor the progress of the Project (including its cost and the benefits to be derived from it), to identify the goods and services financed out of the proceeds of the Special Action Credit, and to disclose their use in the Project; (ii) shall enable the Administrator's accredited repre- sentatives to visit the facilities and construction sites included in the Project and to examine the goods financed out of the proceeds of the Special Action Credit and any relevant records and documents; and (iii) shall furnish to the Administrator at regular intervals all such information as the Administrator shall reasonably request concerning the Project, its cost and, where -8- appropriate, the benefits to be derived from it, the expenditure of the proceeds of the Special Action Credit and the goods and services financed out of such proceeds. (c) Promptly after completion of the Project, but in any event not later than six months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Administrator, the Borrower shall prepare and furnish to the Administrator a report, of such scope and in such detail as the Administrator shall reasonably request, on the execution and initial operation of the Project, its cost and the benefits derived and to be derived from it, the performance by the Borrower and the Administrator of their respective obligations under the Special Action Credit Agreement and the accomplishment of the purposes of the Special Action Credit. Section 3.05. The Borrower shall take all such action as shall be necessary to acquire not later than September 30, 1979 all such land and rights in respect of land as shall be required for the construction (and operation) of the facilities included in the Projet and shall furnish to the Administrator, promptly after such acquisition, evidence satisactory to the Administrator that such land and rights in respect of land are available for purposes related to the Project. ARTICLE IV Other Covenants Section 4.01. The Borrower shall maintain or cause to be maintained records adequate to reflect in accordance with consis- tently 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. Section 4.02. (a) The Borrower shall cause each 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 shdll: (i) provide the Project institutions included in the Project with all the funds necessary for their -9- operation; (ii) cause the buildings, furniture and equipment of the institutions included in the Project to be adequately main- tained in accordance with sound maintenance practices and shall cause all necessary renewals and repairs thereof to be made; and (iii) take appropriate administrative and financial measures for the purpose. ARTICLE V Remedies of the Administrator Section 5.01. For the purposes of Section 6.02 of the General Conditions the following additional events are specified pursuant to paragraph (h) thereof: (a) subject to subparagraph (b) of this Section: (i) the right of the Borrower to withdraw the proceeds of any grant, loan or credit (including the IDA Credit) made to the Borrower for the financing of the Project shall have been suspended, cancelled or terminated in whole or in part, pursuant to the terms of the agreement providing therefor; or (ii) any such loan or credit shall have become due and payable prior to the agreed maturity thereof; (b) subparagraph (a) of this Section shall not apply if: (i) such suspension, cancellation, termination or prematuring is not caused by the failure of the Borrower to perform any of its obligations under such agreement, and (ii) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. Section 5.02. For the purposes of Section 7.01 of the Gen- eral Conditions, the following additional event is specified pursuant to paragraph (d) thereof, namely, that the event speci- fied in paragraph (a) (ii) of Section 5.01 of this Agreement shall occur. ARTICLE VI Effective Date; Termination Section 6.01. The following event is specified as an addi- tional condition to the effectiveness of the Special Action - 10 - Credit Agreement within the meaning of Section 12.01 (b) of the General Conditions, namely, that all conditions precedent to the effectiveness of the Development Credit Agreement, except for the effectiveness uf this Agreement, have been fulfilled. Section 6.02. The date August 23, 1979, is hereby speci- fied for the purposes of Section 12.04 of the General Conditions. Section 6.03. The obligations of the Borrower under Article IV and Section 5.02 of this Agreement shall cease and determine on the date on which the Special Action Credit Agreement shall terminate or on a date 25 years after the date of this Agreement, whichever shall be the earlier. ARTICLE VII Representative of the Borrower; Addresses Section 7.01. 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 7.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Borrower: Ministere des Finances et des Affaires Economiques Rue Charles Lalne B.P. 4017 Dakar, Senegal Cable address: Telex: MINIFINANCES 512 Dakar, Senegal TRESOR SG For the Administrator: Administrator of the Special Action Account (International Development Association) 1818 H Street, N.W. Washington, D.C. 20433 United States of America - 11 - Cable address: Telex: INDEVAS 440098 (ITT) Washington, D.C. 248423 (RCA) or 64145 (WUI) 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 SENE-;AL By Is/ Andre J. Coulbary Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION as ADMINISTRATOR of the SPECIAL ACTION ACCOUNT established with funds contributed by the MEMBER STATES of the EUROPEAN ECONOMIC COMMUNITY By /s/ Roger Chaufournier Regional Vice President Western Africa - 12 - SCHEDULE 1 Withdrawals of the Proceeds of the Special Action Credit 1. The table below sets forth the Categories of items to be financed out of the proceeds of the Special Action Credit, the allocation of the amounts of the Special Action Credit to each Category and the percentage for items so to be financed in each Category: Amount of the Special Action Credit % of Allocated (Expressed Expenditures Category in Dollar Equivalents) to be Financed (1) Civil works 2,700,000 85% (2) Equipment and 900,000 100% vehicles (3) Furniture 300,000 100% (4) Unallocated 600,000 TOTAL 4,500,000 2. The total dollar amount shown in the foregoing table shall be adjusted from time to time as required to reflect the aggregate dollar equivalent of the unwithdrawn currency amounts in the Credit Account; the unallocated dollar amount shall be adjusted accordingly. 3. The disbursement percentages have been calculated in com- pliance with the policy of the Administrator that no proceeds of the Special Action 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, procure- ment or supply thereof; to that end, if the amount of any such taxes levied on or in respect of any item to be financed out of the proceeds of the Special Action Credit decreases or increases, the Administrator may, by notice to the Borrower, increase or decrease the disbursement percentage then applicable to such item - 13 - as required to be consistent with the aforementioned policy of the Administrator. 4. Notwithstanding the provisions of paragraph 1 above, no withdrawals shall be made in respect of payments made for expen- ditures prior to the date of this Agreement. 5. Notwithstanding the allocation of an amount of the Special Action Credit or the disbursement percentages set forth in the table in paragraph 1 above, if the Administrator has reasonably estimated that the amount of the Special Action Credit then allocated to any Category will be insufficient to finance the agreed percentage of all expenditures in that Category, the Administrator may, by notice to the Borrower: (i) reallocate to such Category, to the extent required to meet the estimated shortfall, proceeds of the Special Action Credit which are then allocated to another Category and which in the opinion of the Administrator are not needed to meet other expenditures; and (ii) if such reallocation cannot fully meet the estimated shortfall, reduce the disbursement percentage then applicable to such expen- ditures in order that further withdrawals under such Category may continue until all expenditures thereunder shall have been made. 6. If the Administrator 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 Special Action Credit Agreement, no expenditures for such item shall be financed out of the proceeds of the Special Action Credit and the Admin- istrator may, without in any way restricting or limiting any other right, power or remedy of the Administrator under the Special Action Credit Agreement, by notice to the Borrower, cancel such currency amounts of the Special Action Credit as, in the Adminis- trator's reasonable opinion, represent the currency amounts which would otherwise have been eligible for withdrawal out of the proceeds of the Special Action Credit in respect of such expendi- tures. - 14 - SCHEDULE 2 Description of the Project Part A: Primary Education The design, construction, furnishing and equipment of a regional teacher training college in Kolda in the Casamance Region. Part B: Technical Education Equipment for six workshops in the upper secondary technical school in St. Louis ("Lyc6e Peytavin"). The Project is expected to be completed by June 30, 1981. - 15 - SCHEDULE 3 Procurement A. International Competitive Bidding 1. Subject to the eligibility restrictions set forth in Section 2.02 (b) of this Agreement and except as provided in Part C hereof, goods and civil works shall be procured under contracts awarded in accordance with procedures consistent with those set forth in the "Guidelines for Procurement under World Bank Loans and IDA Credits" published by the Bank in March 1977 (hereinafter called the Guidelines), on the basis of international competitive bidding as described in Part A of the Guidelines. 2. For goods and works to be procured on the basis of inter- national competitive bidding, in addition to the requirements of paragraph 1.2 of the Guidelines, the Borrower shall prepare and forward to the Administrator as soon as possible, and in any event not later than 60 days prior to the date of availability to the public of the first tender documents relating thereto, a general procurement notice, in such form and detail and containing such information as the Administrator shall reasonably request; the Administrator will arrange for the publication of such notice in order to provide timely notification to prospective bidders of the opportunity to bid for the goods and works in question. The Borrower shall provide the necessary information to update such notice annually so long as any goods or works remain to be pro- cured on the basis of international competitive bidding. 3. For the purpose of evaluation and comparison of bids for the supply of goods to be procured on the basis of international competitive bidding: (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. B. Preference for Domestic Manufacturers In the procurement of goods in accordance with the procedures described in Part A of this Schedule, goods manufactured in - 16 - Senegal may be granted a margin of preference in accordance with, and subject to, the following provisions: 1. All bidding documents for the procurement of goods shall clearly indicate any preference which will be granted, the infor- mation 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. 2. 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 Administrator 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. 3. 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. Such lowest evaluated bids 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. 4. If, as a result of the comparison under paragraph 3 above, the lowest bid is a bid from group C, all group C bids shall be further compared with the lowest evaluated bid from group A after adding to the evaluated 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 bid from group C 17 which as a result of the comparison under paragraph 3 is the lowest evaluated bid shall be selected. C. Other Procurement Procedures Contracts for items included in Categories (2) and (3) of Schedule 1 to this Agreement which cannot be grouped in packages of at least $50,000 equivalent may be awarded in accordance with the Borrower's applicable procedures, provided that the maximum value of contracts awarded pursuant to this paragraph shall not exceed $100,000 equivalent. D. Review of Procurement Decisions by the Association 1. Review of invitations to bid and of proposed awards and final contracts: With respect to all contracts estimated to cost the equiva- lent of $100,000 or more: (a) Before bids are invited, the Borrower shall furnish to the Administrator, for its comments, the text of the invita- tions 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 Administrator shall reasonably request. Any further modification to the bidding documents shall require the Administrator's concurrence before it is issued to the prospective bidders. (b) After bids have been received and evaluated, the Bor- rower shall, before a final decision on the award is made, inform the Administrator of the name of the bidder to which it intends to award the contract and shall furnish to the Administrator, in sufficient time for its review, a detailed report by the consul- tants referred to in Section 3.03 of this Agreement, on the evaluation and comparison of the bids received, together with the recommendations for award of the said consultants and such other information as the Administrator shall reasonably request. The Administrator 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. - 18 - (c) The terms and conditions of the contract shall not, without the Administrator's concurrence, materially differ from those on which bids were asked. (d) Two conformed copies of the contract shall be furnished to the Administrator promptly after its execution and prior to the submission to the Administrator of the first application for withdrawal of funds from the Credit Account in respect of such contract. 2. With respect to each contract not governed by the preceding paragraph, the Borrower shall furnish to the Administrator, promptly after its execution and prior to the submission to the Administrator of the first application for withdrawal of funds from the Credit Account in respect of such contract, two con- formed copies of such contract, together with the analysis of the respective bids, recommendations for award and such other informa- tion as the Administrator shall reasonably request. The Adminis- trator 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. 3. Before agreeing to any material modification or waiver of the terms and conditions of a contract, or granting an exten- sion of the stipulated time for performance of such contract, or issuing any change order under such contract (except in cases of extreme urgency) which would increase the cost of the contract by more than 10% of the original price, the Borrower shall inform the Administrator of the proposed modification, waiver, extension or change order and the reasons therefor. The Administrator, if it determines that the proposal would be inconsistent with the provisions of this Agreemer:.-, shall promptly inform the 3orrower and state the reasons for its determination. - 19 - 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, a site supervisor, and clerical staff will be reinforced under the Project by an equip- ment procurement specialist, two site supervisors and an assistant accountant. 2. The building engineer will also serve as Deputy Project Director and 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 Minis- ter responsible for Public Works: (a) coordination of all Project activities with the Sub- project Managers in the ministries and other agencies of the Borrower; (b) selection of Project Unit staff and definitions of their responsibilities; (c) resolution of any disagreenent relative to procure- ment of goods and services, including technical assistance; (d) coordination of communications with the Administrator for the day-to-day technical aspects of the Project; (e) ensuring that quarterly project expenditure estimates are prepared for timely replenishment of the revolving fund provided for in Section 3.01 (b); and (f) ensuring that quarterly progress reports relative to the Project are prepared and sent to the Administrator. 4. The Deputy Project Director shall be responsible, inter alia, specifically for the following: - 20 - (a) Construction: (i) collecting all necessary information relative to the location and conditions of sites of the facili- ties 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 con- tractors; (iv) necessary arrangements for inviting bids and awarding contracts for civil works; (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) Specialists: (i) initiating procedures for the recruitment of all specialists according to the terms of reference established by the Sub-project Managers and for- warding to IDA terms of reference and curricula vitae relative to the employment of all special- ists; and (ii) preparing and administering specialists' contracts in collaboration with the respective Sub-project Managers. (c) 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; - 21 - (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 under- taken relative to the implementation of all the parts of the Project; (iv) ensuring that all necessary logistic arrangements (transportation, provision of equipment and fur- niture, recruitment of clerical staff) are made in order that the Project Unit and the different parts of the Project operate with maximum effec- tiveness; (v) preparing for submission through proper channels applications for withdrawals from the Credit Account; (vi) preparing and maintaining Project accounts includ- ing payment vouchers and applications for with- drawals from the Credit Account; (vii) preparing for the Borrower, to be sent to the Administrator, 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 all evaluation reports and finan- cial reports provided for in this Agreement are regularly prepared. 5. The equipment procurement specialist shall be responsible, inter alia, for: (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 -he assistance of the con- sultant architects and technical specialists; - 22 - (ii) grouping items into lots that will facilitate procure- ment; (iii) esLablishing the lots in such a way as to permit easy delivery to the individual establishments concerned (items should be coded and numbered); (iv) preparing bidding documents and following-up on all necessary arrangements tor inviting bids and awarding contracts for equipment anA furniture; (v) inspecting all items of furniture, equipment and mate- rials received in order to ensure that the quantity and quality of items received are correct and in accor- dance with the specifications; and (vi) taking all necessary steps to ensure that items procured are delivered and stored safely at the locatins and on the dates specified. 6. The site supervisors 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 7orks, 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. - 23 - B. The Sub-project Managers 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 com- munication 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 the Project, with supporting documents, taking into account the architectural briefs and programs discussed with the Administrator and agreed upon by the Borrower and the Administrator; (c) establishment of the terms of reference (which will include inter alia evaluation programs) of the specialists under 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; (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 Associa- tion 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 3.03 of this Agreement will be responsible for performing the following tasks on behalf of the Project Unit: (i) preparing all architectural designs, plans and specifi- cations with supporting documents; - 24 - (ii) ensuring that said designs and plans meet specifica- tions 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 furni'ure is designed and manufactured according to specifica- tions; (v) ensuring timely purchase and delivery of all construc- tion materials; (vi) verifying and channeling to the Project Unit all requests for payment to be made to contr:ctors; (vii) checking progress of construction through regular site visits; and (viii) preparing monthly progress reports for the Project Unit.