Conformed Copy - C2625 - Cyclone Emergency Rehabilitation Project - Supplemental Letter 2

Page 1 June 24, 1994 Minister of Finance and Budget Ministry of Finance and Budget Antananarivo Madagascar Re: Credit Number 2625-MAG (Cyclone Emergency Rehabilitation Project) Preference for Domestic Contractors Dear Sir: We refer to the Development Credit Agreement, of even date herewith, between the International Development Association (the Association) and the Republic of Madagascar for the above Project and the provisions in Part B of Schedule 3 to this Agreement for the grant of a 7.5% margin of preference to eligible domestic contractors who bid on construction contracts to be financed out of the proceeds of the above-referenced Credit. We wish to confirm that, in order to be accepted by the Association, the criteria for classification of domestic contractors eligible for such preference must include at least the following: (a) domestic bidders shall be eligible provided that they: (i) are registered in the Republic of Madagascar; (ii) have majority ownership by nationals of the Republic of Madagascar; and (iii) have not subcontracted more than 50% of the contract works measured in terms of value to foreign contractors; and (b) joint ventures between domestic and foreign firms shall be eligible for the margin of preference provided that: (i) the domestic partner or partners individually satisfy the criteria for eligibility set forth above; (ii) the domestic partner or partners would not be qualified for the contract works in question on technical or financial grounds without the foreign participation; and (iii) the domestic partner or partners will, under the arrangements proposed, carry out at least 50% of the contract works measured in terms of value. For the purposes of this paragraph, the term "foreign firm" means a firm that does not qualify as a domestic bidder pursuant to sub-paragraphs (a) (i) and (a) (ii) of this paragraph. In any contract awarded to a bidder who received preference as a domestic contractor in accordance with the foregoing, appropriate provisions will be included limiting the right of the contractor to subcontract any portion of the works in excess of the percentage indicated under sub- paragraphs (a) (iii) and (b) (iii) of the preceding paragraph. Please confirm your agreement with the foregoing by signing the enclosed copy of this letter and returning it to us. Sincerely yours, Page 2 INTERNATIONAL DEVELOPMENT ASSOCIATION By Edward V.K. Jaycox Regional Vice President Africa CONFIRMED AND AGREED: REPUBLIC OF MADAGASCAR BY: Pierrot Rajaonarivelo Authorized Representative