Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698076006749.pdf (Guyana)
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:BANCO INTERAMERICANO OE DESARROLLO � BANCO INTERAMERICANO DE DESENVOLVIMENTO INTER-AMERICAN • BANQUE INTERAMERICAINE BANK DEVELOPMENT -,, DE DEVELOPPMENT . '

' LEGIIVGY -2484-03 Kowlessar the Office of the President within Mr. Saisnarine Minister With Responsibility Main & Urquhan Georgetown, Streets Guyana for Finance Ref.

: Letter of Agreement for an Individual within Preparation Operation Facility Project PPF/010-GY.

Georgetown Management of the and Execution Program.
GY-LIOOI.
the Line of Credit Solid Waste Dear Mr. Kowlessar: In the name and on behalf of the Inter-American Deve�opment of this institution PPF/010-GY for the utilization Bank (hereinafter of resources "the of of with the Co-Operative Republic to express established of Credit the agreement by Agreement Agreement"), Bank") I am pleased the Line of Credit Guyana (the "Line thousand dollars (US$ I ,500,000), financing the Georgetown "Individual the Memorandum of Assistance Bank for this operation, of services Solid Waste Management Program The major aspects for Project as Annex A to this Letter of the contracting Operation".
or its equivalent attached in an amount of up to one million and five hundred and acquisition in other convenible of goods necessar (GY-0055), hereinafter of the Individual Preparation are described and Execution(MAPPE) Operation for the currencies, y for the preparation of to as the in detail in by the approved referred of Agreement.

The amount authorized to the resources for the Individual Operation shal1 be chargeable of the Fund for Special Operations of the Bank.
This Individual Operation was approved in accordance in Agreement of Agreement stipulated Letter acceptance the annexes thereto.

PPF/010-GY by the designated for the granting National of the Line of Credit.
with the tenns and conditions of the The signing sign ifies its Agreement of Finance) Agency (Ministry of all of the tenns and conditions stipulated and in the above-referenced In accordance with the tenns of the referenced Line of Credit Agreement, the Bank and the National Agency agree to the fo11owing: First.

The Executing Agency of this Individual Operation shall be the National with The Ministry Agency in coordination The Georgetown Municipality, through (MSWMD).
The National required for this Individual Agency has requested Operation.

of Local Govenunent and Regional the Municipal Solid Waste Management Department Development, and the Bank to contract the consulting services ·.1487/SF-GY - 2 - of the Bank the requirements Second.
(a) Prior to the first disbursement of this Individual Agency shall fulfill to the satisfaction items (a), (b), (e) and (I) of Article which form Annex C-2 to pursuant in its entirety the Executing Agency shall submit one final audited final disbursement.

statement.

the Line of Credit to paragraph The Auditor General Eighth 4.01 of the General of this Letter Agreement the Executing exclusively Conditions"), Operation, indicated Conditions (the "General (as such Annex C-2 has been amended of Agreement).
statement In relation 90 days after the date of agency) shall audit this to item (I), in financial (or an official auditing (b)The Executin listed g Agency shall comply with the requirements above within the entry into effect of this Letter of Agreement, or in such greater period thirty as (30)days following the parties may agree upon.

Third.
Third.

The period of execution of this Letter of this Individ of Agreement, ual Operation and the period for disbursement shall be six (6) months of the from the entry into effect resources, shall be eight ( 8) months from the same date.

Fourth.

(a) The amount actually disbursed to the Line of Credit in the terms set forth in Annex B to the Line of Credit is financed with its resources prepared restored the project project, to the Line of Credit, subject mentioned Regulations.
said amount shall be paid by the National in the terms set forth in the Operative to the amount of the respective Individual pursuant to this Letter by the Bank.
If the Bank does not finance Agency to the Bank and restored Regulations, of Agreement shall be if Agreement the by the Bank the periods within in the above­ are established Operaation, that, (b)The interest and commission payments that shall be deposited of this Letter shall be paid in the same manner and at the same time as described Fifth, Sixth and Seventh to in paragraphs accounts in the general of in the of the Bank, referred Agreement, previous paragraph.

Fifth.
Fifth.

As of the date of each disbursement, interest balances of the loan and shall be payable shall accrue at the rate of I% per with the in accordance annum on the daily outstanding of paragraph provisions Fourth, above.

Sixth.

In addition to the interest, of Article 3.02 of the General with the provisions (12)months from the date of the Bank's approval payable Conditions, of the Individual Fourth, above.
with the provisions in accordance of paragraph which shall begin to accrue twelve Operation, and which shall be the Borrower shall pay a credit fee in accordance dollars Seventh.

The Borrower shall pay to the Bank the amount of fifteen thousand and to meet expenses of Conditions, of general for credit inspection to the income the United States of America (US$15,000) supervisio accounts n as established of the Bank.

in Article 4.05 of the General Eighth.


For purposes Annex C-2 of the Agreement Projects of this Letter for the Establishment in of is replaced of Guyana and the Bank (PPF/010-GY) the General of a Line of Credit the Co-Operative for the Preparation of Agreement, contained Conditions Republic between 1487/SF-GY - 3 - ... by the attached Counsulting mentioned Letter of Agreement.

Line of Credit Agreement.

respectively.

General Conditions.


Experts) Firms or Individual Annexes D (Selection Procedures), and E (Tender Likewise.

and Contracting of are replace d by the attached the above­ contained in Annexes 8 and C to this The signature of this Letter to participate of Agreement in the financing neither constitutes nor implies an obligation on of the project that will be prepared with its the Bank· s behalf resources.

I hereby request that you express Georgetown, of the National Agency, within a ma.
"Ximum representation Bank's office in receipt original considered for either there shall be no responsibility Should said period expires offers the provisions, thereof.

of this letter, as non-existent party.
your acceptance by sign ing and delivering of the tenns of the present letter in one of the originals to the (30) days from the date of period of thirty without the and expectations of rights, Bank having recei\'ed one duly executed contained required herein shall be and, therefore, for all legal purposes without notice being This letter of Agreement shall enter into effect on the date of signature of equal validity, in two (2) originals one for the Bank and the other by the National Agency and shall be si-gned for the National Agency.
Yours Faithfully.

Inter-Americ an Development Bank \: 1 1, '\A,lhUC :, '\.,, v<_,;U..e,.

(., a Marco Nicof in Guyana Deputy Representative '\..._ AGREED: Ministry of Finance ryj,_ ... � � Saisnarine Minister Kowlessar of Finance 1487/SF-GY ; + LEGIIVGY-2485-03 PART TWO GENERAL CONDITIONS CHAPTER I Application of the General Conditions ARTICLE 1.01.

Application Loan Contracts accordingly entered the provisions hereof into by the Inter-American forrn an integral Development pall of this Contract.
of the General Conditions.

These General Conditions Bank with its Borrowers, apply to the and CHAPTER II De fin itioos ARTICLE 2.01.

Definitions.

are adopted: the following definitions For the purposes of the obligations contracted between the pallies, (a) "Bank" means the Inter-American Development Bank.

(b) "Board" means the Board of Executive Director s of the Bank.

(c)"Borrower" means the pally to which the Financing is made available.

(d)"Contract" the Annexes.


means the entirety of the Special Conditions, the General Conditions and (e) "Executing Agency/ Agencies" means the entity/entities responsible for executing all or pall of the Project.

(f) "Financing" Borrower to assist in carrying out the Project.

means the funds which the Bank has agreed to make available lo the (g) "General Contract Contracts.
Conditions" and reflect means the entirety of anicles which comprise Pan Two of this of the Bank uniformly applicable to its Loan the basic policies 1487/SF-GY (h)"Guarantor" means the pany which guarantees the fulfillment contracted in accordance with the Guarantee Contract by the Borrower and which assumes other obligations .. of the obligations for which it is liable - 2 - (i) "Loan" means the funds disbursed from the Financing.
(j) "Project" means the Program or Project for v,:hich the Financing has been extended.

(k)"Revolving Fund" means a fund that the Bank may establish 4.07 of these General Project expenses chargeable to the Financing.

Conditions, for the purpose of advancing as provided in Anicle to defray resources year.
( I) "Semester" means the first or second six months of a calendar (m)"Special this Contract Conditions" and contain means the entirety the panicular of the provisions which comprise tenns of the operation.

Part One of CHAPTER Ill Amortization, Interest and Credit Fee on the same dates as those designated ARTICLE 3.01.

Dates of Amortization.

installments The date for the first principal next immediate interest payment elapsed.
disbursement have amortization The Borrower shall amortize in the Special Conditions the Loan in semi-annual for payment of interest.

installment shall coincide with the date on which the is due, once six months from the scheduled date of the last ARTICLE 3.02. Credit Fee.

(a) The Borrower shall pay on the undisbursed Financing which shall begin to accrue twelve Directors Executive of the Borrower's ( I 2) months after the date of the Resolution which is not in the currency the Financing.
country a credit approving of the Board of fee of l /2 of 1 % per annum, balance of the (b)This fee shall be paid in United of America States for the payment of interest United pursuant the same dates as those specified Conditions.
States of America dollars on to the provisions of the Special (c)This fee shall cease to accrue in full or in part, as the case may be, to the extent (i)the respective partially provisions of the Special pursuant disbursements have been made; or (ii) the Financing to Anicles 3.12, 3. l 3 and 4.02 of these General Conditions.

that: or totally has been canceled Conditions and the relevant 1487/SF-GY ,.. >- - 3 - ARTICLE 3.03.
Computation calculated according to the exact number of days in the respective Semester.

of Interest and Credit Fee.

The interest and credit fee shall be on the date of ARTICLE 3.04.

Obligations applied, equivalency in by the Bank, pursuant each respective States to the provisions disbursement, States of Article 3.05. of America United Relating United against the Financing of America dollars in accordance with the as reasonably determined lo Currencies.
(a) Amounts which are disbursed shall be (b)The Borrower shall owe, in the respective currencies disbursed, from the date of the corresponding disbursement: (i)The amounts for Special may be considered disbursed Operations, in any of the currencies in respect and freely convertible; which form part of the Fund of which the Bank has indicated that they (ii)Amounts equivalent in United States of America United States to the sums disbursed dollars subparagraph (i) which form part of the Fund for Special in currencies not included of America in the preceding Operations.
(c)On the due dates, and interest amortization on: the Borrower shall pay, in the respective currencies disbursed, (i)The amounts disbursed in the currencies referred to in subparagraph (b)(i) above;and (ii)Amounts dollars (b)(ii) to the sums disbursed above.
equivalent in United States of America in the currencies United States of America referred to in subparagraph (a) For the purposes set in relation of other currencies on the date on which the disbursement set forth in paragraphs and (b)(i) forth in paragraph (a) of America States is made, the foreign to the United shall be calculated the equivalency by applying, ARTICLE 3.05.

Rate of Exchange.
Rate of Exchange.

the preceding Article, dollar market exchange the preceding dollar rate agreed upon by the Bank with the respective maintaining the Agreement Article, shall be calculated the value of its currency Establishing the Bank.

the equivalency by applying, rate in effect on that date.
For the purposes of other currencies on the date on which the disbursement in relation member country for the purpose of 3, of with Article V, Section held by the Bank, in accordance (a) and (b)(ii) of America to the United States is made, the exchange issuing of of (b)For the purposes of payments to the Bank pursuant to paragraph ( c)(ii) of the preceding Article: 1487/SF-GY - 4 - ... (i) The equivalency America dollar the rate of exchange of other currencies in relation shall be calculated on the date of payment, to the United States of in accordance with referred to in paragraph (a) of this Anicle.
(ii)Should there be no agreement in force between the Bank and the respective for the value of its currency held by member country with regard to the rate of exchange to be applied the Bank, the to be applied monetary member country to sell United States of America by the corresponding that the rate of exchange of maintaining shall have the right to require issuing the purpose latter shall be that which on the due date is utilized of the issuing authority United States of America dollars government agencies, principal capital capital.
for the following due; (b) transfers and interest investments in the respective of such country, other than (a) payments of or other income from of investment transactions: country; and of dividends to residents (c) transfers (iii)If, on the date on which the payment is due, the foregoing the operations referred to do not exist, applied because made on the basis of the most recent thiny (JO) days preceding the respective due date.
rule cannot be payment shall be in effect within the rate of exchange ( iv) If, notwithstanding the application of the foregoing exchange for the purpose of determining discrepancies of the Bank shall prevail, exchange payment thereof, into consideration country concerned.
arise in the determination market of the issuing taking the reasonable the realities determination of the foreign rules, the effective rate of cannot be asccnained, or if (v) If, due to non-compliance with the foregoing any payment made in the respective advise the Borrower immediately difference within the notification.

Bank is higher than that due, it no greater a period no greater If, on the other hand, it appears than thiny (30) days from the receipt thereof.
shall return the excess amount within that the sum received by the a period the Bank considers rules, has been insufficient, that it shall so currency in order that the latter than thiny (JO) days from the receipt shall pay the of (vi)In case of a delayed payment the Bank may require that the rate of exchange in effect at the time of payment be applied.
(c)For the purpose of determining of America dollars ofan expenditure the equivalency in United States which is applicable incurred of the Borrower's in the currency on the date of payment of such expenditure shall be utilized, of America United country, the to paragraph (a) above.

To that end, the date of payment of such expenditure shall mean the States rate of exchange pursuant 1487/SF-GY date on which the Borrower, the Executing power to incur expenditures or supplier.
contractor has been vested makes the respective Agency or any natural or juridical person in whom the payments to the order of the -5- ARTICLE 3.06.

Participations.

the form of participations, the rights this Contract.

The Bank shall promptly corresponding to the Borrower's pecuniary notify the Borrower of each assign ment.
(a) The Bank may cede to other public or private institutions, in under obligations (b)Participations may be granted in respect of the following: (i) amounts of the of the participation or (ii) amounts of the Financing of either agreement; Loan disbursed which are still undisbursed prior to execution at the time of the participation agreement's execution.

ARTICLE 3.07.

Place of Pa\·ments.


Bank in Washington, another place or places for this purpose District of Columbia, All payments shall be made at the principal office of the United States of America, unless the Bank designates by written notification to the Borrower.

ARTICLE 3.08.

Transactions transaction, which pursuant is a banking holiday considered validly effected whatsoever case no penalty according Falling Due on Public Holidays.
Any payment or other on Saturday, Sunday or a day which to this Contract should be effected to the law of the place where it is required day immediately to be made, shall be thereafter, and in such if carried out on the first business shall apply.

and Promissory to the Bank, upon the completion ARTICLE 3.09.

Receipts sign and deliver amounts disbursed.

promissory Loan with the interest by the Bank taking into account the applicable notes or other negotiable instruments agreed upon in the Contract.
Likewise, the Borrower shall sign and deliver of disbursements, a receipt to the Bank, at its request, or receipts for the representing the Borrower's obligation to repay the Such documents shall be in the form prescribed Notes.

At the request of the Bank, the Borrower shall legal provisions of the country of the Borrower.

ARTICLE 3.10.

Application unjustified exists, of Pavments.

of funds, then to fees and interest of principal to the amortization of installments advances due.
All payments shall be applied first to returns of due on the payment date, and if a balance ARTICLE 3.11.

Advance Pavments.

fifteen (15) days, the Borrower may pay, on the date indicated Loan prior to its maturity, provided Unless otherwise installments agreed in writing, each partial that no sum is owing in respect order of their maturity.

Upon advance notice in writing of principal in the inverse to the Bank of at least in the notification, any part of the of the credit fee and/or interest.
advance payment shall be applied to unpaid ARTICLE 3.12.

Renunciation the Guarantor, if any, may renounce, of Part of the Financing.

The Borrower, with the concurrence of by written notice to the Bank, its right to utilize any part of the 1487/SF-GY Financing not subject which has not been disbursed to any of the circumstances before the receipt of the notice, provided that such part is set forth in Article 5.03 of these General Conditions.

- 6 - ARTICLE 3.13.
- 6 - ARTICLE 3.13.

Automatic Borrower disbursements, the corresponding and the Guarantor, Cancellation if any, expressly term, shall automatically that portion of the Financing not committed be canceled.

of Part of the Financing.

Unless the Bank and the agree in writing to extend the term for making as the case maybe, within or disbursed, CHAPTER IV Conditions Relating to Disbursements ARTICLE 4.01.

Conditions Financing Bank: shall be subject Precedent to fulfillment to First Disbursement.
The first disbursement to the satisfaction requirements of the following of the of the (a)The Bank shall have received one or more well-founded establish, provisions, of the Guarantor, opinions deem relevant.

with citations that the obligations of the pertinent undertaken if any, in the Guarantee by the Borrower in this Contract, and those Such Contract, that the Bank may reasonably shall also refer to any other legal question constitutional, are valid and enforceable.
which legal opinions legal, and regulatory (b)The Borrower, directly or through to represent Agency, the Executing it in all acts relating one or more officials Contract said representatives.

indicate such officials whether and shall have furnished the Bank with authentic Should two or more officials may act separately be designated, or must act jointly.
if any, shall have designated of this to the implementation of copies of the sign atures shall the designation (c)The Borro;er, either directly or through to the Bank that sufficient Agency, if any, shall have the Executing resources have been allocated in accordance to cover, at with the of the Project year, the execution demonstrated least during the first calendar investment constitutes which the Bank is financing, applicable.
schedule referred a continuation of the same lending to in the following paragraph.

the earlier If this Financing stage or stages the obligation operation, of set forth in this paragraph shall not be (d)The Borrower, either directly or through the Executing to the Bank an initial presented which shall serve as the basis for the preparation referred to in Article 7.03(a)(i) information and evaluation Conditions.
of these General as the Bank may reasonably request pursuant reports to such other In addition of this to the provisions by the Bank, of the progress report prepared Agency, in the form indicated if any, shall have 1487/SF-GY - 7 - with respect report shall set forth: (i) a plan for implementation of credits, or schedule to a program ry by the Bank; (ii) a calendar of the Project the plans and of work or for the granting deemed necessa as the case may be; and (iii) schedule of investments in Annex A of this Contract a table of the source in accordance and use of funds with the categories of the annual and an indication of established needed from the various If this Contract or to that of the Resolution sources permits the recognition will be of funds from which the Project of expenditures the initial the Financing, authorizing made prior to its of the investments and, in accordance report shall of the with the objectives the initial Contract, including, except specifications of credits, granting setting forth a detailed investment contributions financed.
signature include Financing.

credits a statement granted, a description of works carried out under the Project as the case may be, up to a date immediately or a statement as to the report.

preceding to (e) The Borrower or Executing or code of accounts referred Agency shall have presented to in Article 7.01 of these General to the Bank the plan, catalog Conditions.
(f) The official auditing foreseen perform the auditing and in the Special Conditions, agreed with the Bank with respect perform the above functions.

agency referred function to in the Special in Article 7.03(b) Conditions shall have agreed to Conditions of these General or the Borrower or the Executing public to a firm of independent Agency shall have to accountants one hundred ARTICLE 4.02.
Period for Fulfilling eighty within period as the parties established fulfilled, in Article 4.01 of these General the Bank may terminate may agree in writing, the Contract Conditions by giving ( 180) days from the effective the Conditions Precedent to First Disbursement.

If date of this Contract, precedent the conditions and in the Special Conditions to the first disbursement have not been or within such longer notice to the Borrower.

ry that: Ca) the Borrower, for All Disbursements.


For the Bank to make any disbursement, if any, shall have submitted in to the Bank such pertinent Agency, or the Executing shall have supplied thereof, as the Bank may have required.

days in advance must be Requests of the date of expiry of the term for it and, in support and other background materials no later than thirty (30) calendar or of any extension thereof which the Borrower and the Bank may have agreed to; (b) request a disbursement ARTICLE 4.03.
Requisites shall be necessa writing documents presented disbursement none oft he circumstances and (c) the Guarantor, days with any obligation described 5.0 l of these General if any, shall not be in non-compliance in Article Conditions shall have occurred; twenty (120) for more than one hundred to make payments to the Bank on any Loan or Guarantee.

ARTICLE 4.04.

Disbursements contemplate made once the conditions Conditions for Technical of expenses for technical established have been fulfilled.
the financing in Article Cooperation.

If the Special Conditions cooperation, 4.01 (a) and (b) and in Article may be therefor the disbursements 4.03 of these General 1487/SF-GY - 8 - ' of the Financing ARTICLE 4.05.

Charges for the Inspection from the resources amounts require once the conditions the first pa�rnent request precedent date for the Credit a disbursement to the first disbursement Fee, whichever for inspection Borrower or the Executing Conditions in the Special occurs first.
specified by the and Supervision have been fulfilled and allocate to the Bank's general account the amount or shall not and supervision.

Such action Agency and may be undertaken or upon the occurrence of Fee.

The Bank shall withdraw Procedures.

The Bank may make disbursements the on behalf (a) by transferring (b) by making payments (c) by establishing ARTICLE 4.06.

Disbursement Financing: Contract; institutions; and (d) by utilizing such expenses Borro\\ er.
Unless the parties otherwise less than the equivalent each.

(USSS0,000) of fifly thousand that may be charged by a third party in to the order of the Borrower the sums to which it is entitled or replenishing of and in agreement the Revolving with the Borrower Fund referred to in Article to other banking other method as the parties may agree upon in writing.
with disbursements connection disbursements shall be made only in amounts of America States shall be home by the of not dollars agree, United States of America United 4.07 below; Any banking against under this set forth in Articles established ARTICLE 4.07.

Revolving requirements requirements Financing costs pertaining eligible for Financing to the execution Fund.

(a) By charge to the Financing 4.01 and 4.03 of these General Conditions, increasing in the Special with such resources.
for the purpose of establishing, or replenishing a Revolving the Bank may advance Conditions and the pertinent of the resources Fund to defray of the Project which, pursuant to provisions of this Contract, are and upon fulfillment of the (b)Except by express agreement between the amount of the Revolving Fund the parties, Upon justified are used, provided the Revolving Fund as the resources shall not exceed 5% of the amount of the Financing.

or replenish 4.03 of these General been fulfilled.


resources through and the replenishment this Contract.

of the Revolving Fund the Revolving Conditions provided The Bank.may also reduce or cancel the Revolving the Bank may increase request, of Article that the requirements have d in the Special Conditions that the fund should it deterrnine ment The establish of for the purposes + fund exceed the needs of the Project.
shall be regarded as disbursements and those which may be establishe or code of accounts that the Borrower of Executing Agency must (c)The plan, catalog to the Bank in accordance with Article 4.01 ( e) of these General present method used by the Borrower to verify the transactions accounting Fund.
Revolving Conditions and statements shall indicate of account the of the (d)Not later than thirty (30) days prior to the date agreed upon for the final disbursement of the Financing, return any unused portion thereof.

the Borrower shall present a final justification of the use of the Revolving Fund and 1487/SF-GY , - 9 - ARTICLE 4.08.

Availabilitv disbursements the Bank has placed such currency at its effective disposition.

of Local Currency.
of Local Currency.

The Bank shall be obliged to make to the Borrower in local currency only to the extent that the respective depository of CHAPTERV Suspension of Disbursements and Accelerated Maturitv ARTICLE 5.01.

Suspension suspend disbursements if any of the fo11owing The Bank, by written notice occurs and to the Borro\ver, so long as it continues: circumstances of Disbursements.
may (a)Delay in the payment of any sums owed by the Borrower to the Bank for principal, fees, interest, or any other Loan Contract return of advances entered of funds or for any other reason, under this Contract into between the Bank and the Borrower.

(b)Nonfulfillment by the Borrower of any other obligation entered any other Contract into with the Bank for the financing set forth in the Contract or in of the Project.

(c)Withdrawal Project is to be executed.


or suspension from membership in the Bank of the country in which the (d) The Project or the purposes of the Financing or alteration of the legal capacity, may be affected by: (i) any restriction, Agency� or (ii) any modification of the Bank of the basic conditions functions or assets or change made without fulfilled before of the Contract.
of the Borrower or the written of the the approval In such cases, Agency to the Borrower and the Executing or the signature modification the Executing concurrence Resolution authorizing the Financing the Bank will have the right to require provide Executing Borrower and the Executing disbursements substantially Agency and weighing and unfavorably if it considers and detailed reasoned inforrnation.
the inforrnation Only after hearing the Borrower or the or if the received, or clarification Agency fail to respond, that the modifications may the Bank suspend made affect the Project or make its execution impossible.

(e)The non-compliance set forth in on the part of the Guarantor, if any, of any obligation the Guarantee Contract.

(f) When the Borrower is not a member country government, which, in the opinion circumstance will be able to comply with purposes for which it was entered into.
of the Bank, makes it unlikely established in this Contract the obligations any extraordinary that the Borrower or to fulfill the 1487/SF-GY -10 - Maturitv, this Contract Accelerated the entire and commissions (a) The Bank may tem1inate or may declare ARTICLE 5.02.

Termination, Balances.

disbursed with interest forth in paragraphs (a), (b).

(c) and (e) of the preceding days; or (ii) the infonnalion or additional satisfactory referred presented to in paragraph loan or a portion infonnation to the BanJc.
or Partial Cancellation of Un disbursed to the part of the Financing not yet with respect thereof immediately due and payable, together set for more than sixty (60) Article (d) of the precedin continues gAr1icle, or the clarifications accrued up to the date of payment if: (i) any of the circumstances by the Borrower or the Executing Agency, if any, are not (b)The Bank may cancel the part of the Financing to the procurement of certain services, or consulting to such items imme<liately was carried out without services, due and payable, following of the Borrower or a beneficiary goods, works or related pertaining procurement (ii)representatives either contract, guarantees and the Borrower has not taken timely legislation, of the Borrowing of selecting in the process the supplier country's pertaining or may declare if it detennines the portion at any time that: (i) the set forth in this Contract; of the loan or the procedures of the grant ha\'e committed or contractor and remedial measures, and acceptable or in the execution observing to the Bank.
corrupt practices, of the respective the due process (c)For the purposes of the above paragraph, the act of unduly, corrupt practices giving, offering, the process of procuring goods or services, meaning (i) bribery, (ii) extortion include acts of: of value to influence anything executing contracts; of procuring injury to person, facts for the purpose of influencing or executing meaning competitive.
contracts, an agreement between goods or services, property bidders (iii) or reputation; the process to the detriment selecting or coercion, or executing meaning consultants, fraud, meaning the act of attempting contracts the misrepresentation selecting goods or services, of the borrower or other participants; designed of procuring to result shall be understood receiving, selecting to of or soliciting consultant s, or the process to influence by means of threats of information of or in bids at artificial prices that are not consultants, and (iv) collusion, - not Affected.
Notwithstanding the provisions of the foregoing 5.01 and 5.02, none of the measures set forth in this Chapter which the Bank by specific \vritten to the guarantee of agreement ARTICLE 5.03.

Obligations Articles the Bank of: (a) any amounts amounts if any, has agreed goods or services.

dctennines contract that corrupt practices for, the goods or services.
to provide subject from the resources of the Financing The exceptions set forth in subparagraph by the disbursement of credit; an irrevocable shall affect and (b) any letter with the Borrower or the Executing to make payments (b) shall not apply if the Bank of the to the procurement of, or the execution Agency, to a supplier of occurred with respect ARTICLE 5.04.

Non-waiver pursuant or failure of any such rights have empowered to exercise nor as acquiescence in events it to exercise them.
to this Contract, of Rights.

Any delay by the Bank in the exercise not be construed them, shall as a waiver by the BanJc of its rights or circumstances which, had they occurred.

would 1487/SF-GY - 11 - ARTICLE 5.05.

Provisions this Chapter except remain in full force and effect, only the pecuniary obligations of the Borrower shall not affect the obligations .not Affected.
The application of any of the measures provided for by shall in this Contract, ,vhich of the Borrower established that in case the entire Loan has been declared due and payable shall conitinue in force.

CHAPTER VI Execution of the Project ARTICLE 6.0.J.

Genera'I Provisions that the Project sh.all be practices, and other documents shall be fulfilled and in accordance approved to the satisfac'lion with the plans, executed of the Bank.
for Execution with due diligence in conformity specifications, regulations, that its obligations by the Bank.

The Borrower further undertakes investment schedule, budgets, of th,e Project.

(a) The Borrower undertakes with sound financial and technical (b)Any important modification in the plans, or other documents or contracts regulations the ·contract execution Bank.
of the ProjeC't, for goods or services or in the categories which the Bank has ap1proved, investment specifications, which may be funded with the resources t, sha11 require of investmen schedule, change in as well as any substantial devoted to the of the consent the written budgets, ARTICLE ·6.02.

Pl"ices and rendering goods, be the lowest generally factors.

and Public Tender.
and Public Tender.

of servkes for the Project for execution (a) Contracts sha.ll int·o account be undertaken quality, of works, at a reasonable procurement cost which shall and any other pertinent efficiency, of markret price, taking (b)In the acquisition ofmachinery, equipment and in the and other goods for the Project, of contracts for the execution awarding case in which the value of such acquisitions IV of the Special Conditions.

of this Contract.
of this Contract.

The procedures of works, is equal to or exceeds for tendering the system of public tender the amounts shall be set forth in the relevant set forth in Chapter Annex B in each shall be utilized ARTICLE 6.03.

Use of Goods.

Exc,ept with the ,express ·1the resources of the Financing ,vith acquired Once 'lhe Project has been completed, execution machinery may be used for other purposes.
the construction of the Project of the Bank, the goods authorization for the purposes and equipment utilized of the Project.

in the shall be used exclusively ART1CLE 6.04.

Additional Resources.

the re.sources uninterrupted Conditions.
in addition ,execution If during the process lbe estimat of disbursement to those of lhe Project, (a) The Borrower shall contribu 'Of the Loan which may be necessary ed amount of which is specified of,the Financing an increase in the Special in the estimated cost te in a timely manner all and for the complete 1487/SF-GY - 12 - of the Project Article 4.0l(d) arises, the Bank may require the modification of the investment of these General Conditions in order that the Borrower shall schedule meet such increase.
referred to in (b)Beginning of its execution, period calendar contribution with the calendar year following the Borrower shall demonstrate to of the Project the initiation and during the Bank in the first sixty (60) days of each necessary to make the local the year that it will have available when needed the resources to the Project during that year.

CHAPTER \'II Records, Inspections and Reports and facilitate The records of shall be organized Control and Recor-ds.
system an appropriate so as to provide the timely ARTICLE 7.01.

Internal case may be, shall maintain The accounting system of transactions the verification the Project reports.

the sums received to identify catalogue approved of the Loan and with the other funds to be provided sufficient detail such goods progress granted, and (d) they show the cost of the to credit of the works.
With respect the recoveries to show the goods acquired and the utilization shall be maintained and services; of accounts obtained, from the various by the Bank, the investments sources� and the serYices The Borrow·er or the Executing Agency, as the of internal accounting the necessary preparation and administrative controls.
to permit documentation statements of financial in such a way that: (a) they make it possible and (b) they show, in accordance with the in the Project, both with the resources for its complete execution; as well as the utilization (c) they include contracted, investments of in each category and the programs.

the records shall also detail the credits of the funds recovered.

ARTICLE 7.02.

Inspections.

necessary to assure the satisfactory development of the Project.
(a) The Bank may establish such inspection procedures as it deems (b)The Borro�er and the Executing and materials as the Bank may deem pertinent.

the equipment time the Project, documents purpose shall receive transportation, if any, shall pennit the Bank to inspect at any therein.

examine and to Agency, involved The personnel of the respective such records which the Bank shall send for this authorities.

shall be borne by the Bank.


All the costs relating and to salaries, and other expenses of such personnel the complete cooperation ARTICLE 7.03.

Reports and Financial as appropriate, shall present respect to each: Statements.

to the Bank the following (a) The Borrower or the Executing the periods reports, within Agency, with specified (i) Reports on the execution end of each calendar agree, prepared of the Project, Semester, or within such other period the may rules agreed to with the Bank.
with the relevant in accordance sixty (60) days following as the parties within 1487/SF-GY - 13 - (ii)Such other reports as the Bank may reasonably of the sums lent, the use of goods acquired of the Project.

investment the progress request the with such sums, and regarding (iii)Three copies relating of the financial statements for the Agency, to such statements.
one hundred twenty Agency, of each fiscal year of the Executing information submitted within fiscal year of the Executing was initiated the Project Conditions.
Project as of the close entire and supplementary financial shall be statements the close of each with the fiscal year in which Such financial ( 120) days following beginning and during the period stipulated in the Special (iY) When the Special Conditions so require, three copies of the financial financial infomrntion statements supplementary financial Special initiated each fiscal year of the Borrower.
Borrower is the Republic of the Borrower as of the close of each fiscal year, and The in the was the close of shall not apply if the shall be submitted beginning one hundred statements Conditions, and within relating to such statements.

during the period stipulated year in which the Project This obligation twenty (120) with the fiscal days following or the Central Bank.
(v)When the Special Conditions so require, three copies of the financial of the Executing financial be submitted statements complementary statements shall Conditions, and within year of the Executing beginning one hundred twenty Agency.

information Agency as of the close of each fiscal year, and relating to such statements.
The during the period stipulated in the Special with the fiscal year in which the Project was initiated ( 120) days following the close of each fiscal (b)The statements with the opinion submitted and in accordance Agency, additional reports issued.

and documents described (a)(iii), (iv) and (v) shall be in paragraphs in the Special of the auditing entity specified of this Contract to the Bank.
The Borrower or the Executing Conditions with requirements satisfactory as the case may be, shall authorize entity it may reasonably request the auditing with respect to provide to the financial the Bank with any statements information and audit (c)In cases in which the audit is to be performed by an official auditing agency is unable within the periods services public of independent to perform the audit in accordance with requirements satisfactory mentioned above, the Borrower or the Executing Agency shall contract the ofa firm of independent acceptable public accountants accountants may also be utilized to the Bank.
The services ofa firm so agree.

parties if the contracting agency and such to the Bank or 1487/SF-GY - 14 - CHAPTER VIII Pro,·ision on Encumbrances and Exemptions on all or part of its assets on Encumbrances.

or revenues an encumbrance guaranteeing any to secure to the Bank.
equally If the Borrower should agree to create debt, it shall at the an external the shall not of the of debts of the unpaid balance and proportionally, operations the foregoing However, to secure pa}ment obligations arising on goods used as security from the Contract.

for payment price; and (b) to encumbrances created in banking of the pecuniary ARTICLE 8.01.
Commitment specific encumbrance same time create fulfillment apply: (a) to encumbrances purchase with maturities tenn "assets any of its dependent or revenues" agencies of not more than one year.

In the event that the Borrower is a member country, the or revenues entities '"foe h belong to the Borrower or with their own separate which are not autonomous shaJJ mean all types of assets capital.

ARTICLE 8.02.

Tax Exemption.


the interest whatsoever, laws of its country, execution and other charges exempt from any tax, fee, duty or charge of this Contract.

The Borrower undertakes to ensure that both the principal and of the Loan shall be paid without any deduction or restriction and to pay any tax, fee, or duty applicable to the signing, established or that may be established by the and negotiation, CHAPTER IX Arbitration Procedure manner: of the Tribunal.
in the following hereinafter arbitrators.

to be appointed called If the parties should.not ARTICLE 9.01.

Composition three members and a third, respective one of the parties either fails to appoint arbitrators or the Referee appointed functions designate General an arbitrator, party, by the Secretary is unwilling the "Referee", by direct or the arbitrators an arbitrator, of the Organizati one shall be appointed in the same manner as for the original and faculties as his predecessor.
(a) The Arbitration Tribunal shall be composed of one by the Banlc, another the parties between agreement fail to agree on who the Referee by the Borrower, their or through shall be, or if of at the request the Referee shall be appointed, States.

If either on of American by the Referee.

of the parties of the appointc�d If either or unable to act or to continue appointment.
The successor to act, his successor shall have the same shall be (b)If the controversy affects if any, both not only the Borrower but also the Guarantor, shall be considered arbitrator a single and for the other purposes of the arbitration proceedings.

party and consequently shall act jointly in the designation of the ARTICLE 9.02.

Initiation shall address claimant claim, the satisfaction of the Procedure.
In order to submit lhe controversy to arbitration, to the other party a written communication or compensation which it seeks, setting and the name of the arbitrator forth the nature it appoints.

the of the The 1487/SF-GY - IS - party receiving name of the person it appoints notification either appointment.

party may request to the claimant, shall, such communication within as arbitrator.
forty-five (45) days, notify If, within thirty (30) days after delivery partyofthe of such the adverse the parties have not agreed as to the person who is to act as Referee, the Secretary General of the Organization of American States to make the ARTICLE 9.03.

Convening District Washington, and.

once convened, of Columbia, States shall meet on the dates The Arbitrati of America, which the Tribunal of the Tribunal.
United on Tribunal shall be convened in on the date designated by the Referee, itself shall establish.

ARTICLE 9.04.

Procedure.

(a) The Tribunal controversy.

It shall adopt its own procedures experts it considers s. presentation necessary.
shall be competent to hear only the matters designate and may on its own initiative in whatever In any case, it shall give the parties the opportunity to make oral (b)The Tribunal shall proceed ex aeguo et bono, basing itself Contract, and shall issue an award even if either party should fail to appear on the terms of this its case.
or present (c)The award shall be in writing and shall be adopted It shall be handed down within es, such period by means of a communication signed by at least two members unless has been appointed, be extended.

the Tribunal should two members of the Tribunal.

the date on which the Referee and unforeseen parties complied not be subject circumstanc to any appeal.

with within thirty (30) days from the date of notification.
determines that, due to special to the The award shall be notified and shall be of the Tribunal, The award shall be final and will with the concurrent approximately sixty ( 60) days from vote ofat least him shall be paid by the party which appointed Prior to the convening who, by mutual they deem should take part in the arbitration proceedings.

in equal proportion.


shall be paid by both parties shall agree on the remuneration of the other persons shall determine If such agreement which may be the compensation is not the parties ARTICLE 9.05.

Costs.

The fees of each arbitrator and the fees of the Referee of the Tribunal, agreement, reached reasonable arbitration doubt regarding without manner, for such persons proceedings, the division by the Tribunal.

itself under the circumstances.


but the expenses of the Tribunal the Tribunal in a timely appeal, in the Each party shall defray its own expenses Any by the parties.

shall be borne equally of costs or the manner in which they are lo be paid shall be determined, ARTICLE 9.06.

Notification.

made in the manner provided in this Contract.

relative The parties All notifications to the arbitration or to the award shall be waive any other form of notification.
1487/SF-GY LEGIIUGY-2486-03 ANNEX A DOCUMENT OF THE INTER-AMERICAS DEVELOPMENT BANK NOT FOR PUBLIC USE GUYANA PREPARATION FOR THE GEORGETOWN SOLID WASTE MANAGEMENT PROGRAM (GY-LIOOI) PROJECT PREPARATION FACILITY MEMORANDUM OF ASSISTANCE FOR PROJECT PREPARATIO:\ A'.
',D EXECUTION (MAPPE) - 2 - ANNEX A PROJECT PREPARATION FACILITY GUYANA PREPARATION FOR THE GEORGETOWN SOLID \\'AST[ I\IA:°'i..\.GD1DiT PROGRA'1 (GY-LJOOJ) Prnjecl number-: GY-L1001 Bononer-: Government of Guyana (GOG) Executing agency: The GeorgetO\\in Management Department (MSWMD).

through Municipality the Municipal Solid Waste Amount: US$1.5 million from the Fund for Special Operation (FSO).
Objectives: at Mandela requirements of the Georgetown the GOG in completing: for the Eccles sanitary landfill the environmental and the for required To assist to close the old solid waste dumpsjte A venue, engineering designs the processing Program.

environmental providing and operation technical Mandela in the Georgetown through at Eccles of the old dumpsite of a new sanitary and environmental Avenue.
The objective quality by the construction a safe following at of this project is to improve the adequate solid waste disposal landfill closing Solid Waste Management and Environs Description: (ii) institut ional of final engineering s represented by the design and (i) the preparation landfill; of the new structure The PPEF will finance: designs for the Eccles sanitary strengthening act1v1t1e implementation Waste Department Project procurement activities support project implementation to close the dumpsite of a public awareness preparation of additional Execution and project at Mandela (MSWMD), training, Unit (PEU) providing supervision; Avenue.
(iii) and execution; and safety environmental of the Municipal Solid of the and establishment appropriate support on the implementation of to campaign and consultation and (iv) the measures Benefits: The resources from the PPF will ensure project.
start up of the proposed in the analysis has been invested since its entry into the Bank's pipelin the resources Municipality to continue the efficient A significant amount and preparation e on December of the Program I, 1998, and and timely of effort from the PPEF will enable the Georgetown to build momentum to achieve a safe 1487/SF-GY - 3 - ANNEX A of the Mandela closing Plan for project preparation use the 2003 FSO resources was agreed with the IDB in order to allocation.
's dumpsite and execute the tight Action I. SU :\IMA RV 1.1 This Memorandum of Assistance Preparation for Project in the amount of USS 1.5 million of the Georgetown Solid Waste (MAPEP) seeks to support as requested of a reimbursable operation approval the Government of Guyana in the preparation Management Program, (see Annex I).

The funds will be provide (PPEF) revolving credit Directors revolving cooperat borrowing country.

on July 1 S, 1993.
This request ion for the preparation line (PPF/010-GY), by the GOG through through approved complies credit line, which finances individual of operations included the Project Preparation Facility by the Board of Executive with the guidelines of the reimbursable in the pipelin e with the technical the Ministry of Finance II.OBJECTIVES OF THE OPERATION 2.1 The general objective of the program in Georgetown is to contribute and Environs living quality the improvement of life of of to a better through the population solid waste management in the area.
2.2 The purpose of the project is to improve by providing n and Environs Georgetow construction technical system will aim to be efficient, and protect the public and operation of a new sanitary and environmental cJosing of the dumpsite at Mandela be accepted and the environment.

pollution, prevent adequate health quality the environmental solid waste disposal in the the at Eccles following a safe A venue.
The new landfi11 through by the stakeholders 2.3 The proposed GSMP has the following components: (i) institution (ii) community strengthening participation solid waste management; and capacity building for and public awareness sanitary landfill EIA, site preparation, investments in healthcare wastes program; at Eccles including: construction, (iii) treatment.
design , construction final designs, and operation of the complementary studies and and (iv) studies and and closure; operation the GOG has indicated 2.4 In preparation of the operation, funds to execute critical contribute with funds, following Georgetown safe closure of the control1ed Board approval its desire during the preparation Bank procedures, to use the PPEF of the GSWMP, and to in the execution of the A Site Environmental Improvement (1052/SF-GY).
landfill at Mandela A venue is a requisite for the to be financed by the of the GSWMP.
Therefore, the activities Interim Disposal activities 1487/SF-GY - 4 - ANNEX A of the final designs studies (geotechnical, Impact Studies of the Environmental for the Eccles sanitary and soil topographic to attend the of (ii) initiation the design including Agency (EPA) requirements; building staff training, program and support biddings to select (iii) the necessary for Board approval; during the project the construction initiation of the public including Protection strengthening proposed PPEF are: (i) preparation complementary landfill surveys) and the preparation Environmental Guyana's the institutional of the new MSWMD structure, preparation contractor a\\'areness for the safe closure ( I 052/SF-GY) the EPA 's requirements period to conduct before submission and consultation to attend the expanded program; of the controlled and capacity and (iv) complement sanitary landfill the existing at Mandela Avenue resources scope of work deemed necessary to meet for such operations.
Ill.

SCOPE OF ACTIVITIES 3.1 The Georgetown the MSWMD will be the Executing Municipality of Finance through Agency (EA), the Minister Letter beneficiary of Understanding, to sign the on the lines of the attached draft (Annex JIJ), and the will be the official authorized will be the MSWMD of the GM and neighboring NDC's.
Table 3 Operation's Timetable Approval of PPEF Loan Committee Negotiations Board September 2003 October 2003 October 2003 October 2003 1487/SF-GY - 5 - ANNEX A IV.COl'iTRACTUAL ARRANG£ME�TS A.
Scope of work 4.1 With resources from this operation, consultancy sen·ices will be hired to execute the following activities: l. EIA and final engineering designs and studies consulting to upgrade studies for the Eccles sanitary 4.2 An international procedures characterization designs will also complete Based on the final designs construction support the MSWMD same contract, ultimately for EPA approval.

contractor, finn will be selected the existing finalized pre-feasibility in 2000. and produce designs.
to the IDB's according during prepared the final engineering a site landfill.

To perform this task, the consulting firm the necessary soil, geotechnical and topographic sun'eys.

the contractor will re\0ise the bidding prepared with resources along the correspondent bidding an EIA will be prepared and submitted from the ATN/6858-GY, forthe documents and under the and consultation Finally, process.

for public 2.
MSWMD's institutional strengthening 4:-J MSWMD has been assigned the role of Executing weaknesses, Agency responsible for the due to its institutional at of the Program's these two very important it is necessary Banlcs Procurement the services to retain to execute Procedures Program Solid Waste Management recently of the ATN/SF-6858-GY, tasks and preparation, Institutional it will be the beneficiary for the Georgetown With the execution Studies In order to execute project However, of this Program.
ning component.

implementation the same time Strengthe avoid interruptions during of ERM that has been hired following the Pre-Feasibility (ATN/SF-6858-GY).
completed, arrangement valuable that can not be matched assistance this Program� (ii) institutional incorporated execute the ATN/SF-6858-GY for a contract the GS-404 to MSWMD, as foilows: and existing extension experience has enabled the planned tasks, their by any other consulting strengthening� (i) support in the preparation finn, for delivering the critical and start-up of the newly by ERM to staff.

The comparative advantage under with the tasks executed required and objectives by .
provision of services complementarities under the continuation are in line with the conditions presented and (iii) training ERM gained an in depth knowledge for solid waste management with of Guyana's institutiona1 and deficiencies.

its strengths the company to be in an advantageous position, This 4.4 In order to retain the Executing Policies unique the services of ERM for eight additional months, as requested by Agency, it is necessary to secure a waiver from Banks Procurement and Procedures.
for the waiver is fully justified, due to the conditions described The request below.
1487/SF-GY - 6 - ANNEX A a) Supporting the MS\\'1\ID to prepare and start-up the GY-0055 4.5 ERM has a comparative advantage to provide and training, implementation during such as support of cost recovery the services the MSWMD staff (i) the institutional and assistance support for staff selection biddings, alternatives, to prepare As of July 2003, ERM completed including: waste management; bidding management provide the GY-0055.
Finally, tasks and the final product experience documents for private services.

valuable alternatives (ii) alternatives a set of studies to improve for cost recovery; sector participation The lessons learned during the execution in the provision the company performed was of good quality.

that can be used for the preparation of of these well in the execution of solid wastes of these tasks and start-up the Georgetown's solid and (iii) models and for project supervision.
for the ATN/SF-6858-GY b) Institutional strengthening of the new MS\VMD 4.6 of senior provided to transfer the delicate and Caribbean management a thorough of delivering solid waste services by the city of Georgetown for institutional the links with stakeholders, It would be difficult could establish strengthening to expect, on the present conditions, that any understand experts in solid \Vaste based subcontractors, and execution start-up without disrupting expertise to the MSWMD staff, which requested preparation to cope with project supported by and efficient ERM's of the ATN/SF-6858-GY.
ERM team, composed nationals support to the MSWMD in the context demonstrated ability further assistance and start-up.

other company operational difficulties and NDCs and insert an appropriate institutional strengthening project preparation operational the City Council to support the continues building, recruitment, trammg.

Specifically, (i) development includes; NDCs; (ii) planning of data collection in improving (iii)assistance for hiring the consulting component.
strengthening services to precise company ERM's participation to be delivered over and NDCs.

Under the contract establishment change in management in this 1ast task will be fundamental the five years of project execution.
of the TOR institutional the GY-0055's module during the trust and specially of waste management ; (iii) the institutional strengthening of the newly created schemes, procedures, component contracts that wiH execute systems and of the PPEF on commercial/industrial plans for two or three selected that has been established ; (iv) preparation and data management over the last year, waste collection waste generators; and implementation MSWMD with team mechanisms cost recovery it is proposed agreements specifics planning extension, that ERM with c) Training the newly incorporated staff and existing 4.
7 ERM experts have acquired the sensitivity to work with Guyanese professionals the necessary bonds that favor the success and established These experts have demonstrated and support.

and wiJI focus on: data collection, supervision efficiency to be on the job and through operations cost recovery, programs.

of training the needed expertise courses contract regular supervision, and other needs upon the MSWMD's demand.
in conveying is proposed Training 1 An�,,......_ - - 7 - ANNEX A 4.8 The execution of these institutional strengthening activities prior to project wi11 set the basis for to company that will be hired, of support to the MSWMD on project the project's activities throughout were identified and NDCs and represents duration.
and agreed with the full participation execution, supervision and the The selected finn will concentrate The institutional strengthening the basic operational expertise with contract and training guidelines and This new contract on: project supervision, of operational mechanisms.

development cost recovery above, the provision strengthening presented the new consulting continue extended activities, of the City Council needed under these new conditions.
the future coaching consolidation of the implemented will be based on the TOR prepared capabilities the new functions, consulting to execute Jet in place after the contribution by ERM and will build on the operational contract extension.

of the present 3.

Public awareness and consultation 4.9 Resources will be provided to implement program represented to explain by: workshops project the early stages and consultation communities, the necessary the short and long run.
TV and radio programs instruments to provide the public with the necessary scope and benefits, and information in of the public awareness with neighboring 4.

Mandela's additional environmental improvements 4.10 Resources will be made available to implement the EPA 's additional to close the Mandela site before Activities protection, establislunent include: of the existing of buffer zones between stabilization to be financed dumpsite, areas.
the residential the Eccles sanitary site preparation, landfill site lining, fencing, and the urbanization requiremen ts is operational.

aquifer T B.

Basic and technical 4.11 Technical responsibility responsibility within in Guyana will have the responsibility as �vell as disbursement operation, the Bank rests with RE3/EN3.

for supervision processing.


request Office The Country of the and monitoring accounting, (i) project control 4.12 The Executing Agency which includes: and internal this project financial, the sources transactions, (iii) financial corresponding disbursements supporting ex pen di lures.
(MSWMD) wil1 be responsible supervision; systems funds, provides preparation disbursement of expenditures; documentation and uses of project and permits the timely of financial requests for the implementation (ii) maintaining of adequate of to verify statements and other to the Bank and the documentation an adequate project filing system for eligible and (iv) maintaining justification submitting reports; that allow the identification 1487/SF-GY � 8 - ANNEX A 4.13 ccording to the Bank's Policy on the Audit of Entities of the project financial statements audited operations, submitted the project.
This statement shall accountants approved for PPEF to be submitted is to be 120 days after the end of the fiscal year, and a final statement of public a firm of independent previously to the Bank within 120 days after the date of the last disbursement to the Bank, based on the terms of reference be audited by acceptable are required by the Bank.

and Projects, annual C. Procurement 4.

14 Consultant sen·iccs for this PPEF will be contracted Specifically, procedures.

contracted following process.


quali fication international bidding alJ consultancy sen·ices procedures, Bank procurement following above US$200,000 will be which will include a pre­ V.FINANCING A.

Budget 5.1 The estimated as follows: cost is the equivalent of US$1.5 million, as presented in Table 5.1 TABLE 5.1 COST ,\NI> F1,....A�Cl1':G (US$ DOLLARS) CATEGORIES IDB TOTAL I.Consulting -Final Designs, and EJA studies 2.
Consulting -Institutional Strengthening 3.Consulting- Public Awareness program 560,000 560,000 150,000 150,000 250,000 250,000 4.Environmental improvements af Mandela 500,000 500,000 5.Consulting - Auditing 6.Contingency TOTAL 20,000 20,000 20,000 20,000 1,500,000 1,500,000 B.

Terms for execution and disbursement 5.2 Execution of the operation twelve months and fourteen of resources and disbursement months, of Understanding.
Considering it is recommended Fund be US$150,000, PPEF under the present from the date of respectively, will be that the maximum amount to to 10% of the which corresponds the disbursements will be ,vithin signature superior establish total estimated of the Letter to USS 150,000, a Revolving costs.
LEGIWGY-2487-03 ANNEXB SELECTION AND CONTRACTING FIRMS OR INDIVIDUAL EXPERTS OF CONSULTING Georgetown Solid Waste Management Program In the selection referred hereinafter and contracting to without of consulting distinction as "Consultants", necessary firms, specialized institutions for the execution and/or individual of experts, the Project, the following shall be applicable: I. DEFINITIONS The following definitions are established: t .01 A consulting consulting personnel, kinds.
and professional services firm is any legally for the purpose of offering of various association, services.

constituted composed technical primarily advice, of professional expert opinions, 1.02 A specialized institution is a non-profit semiautonomous autonomous or consulting firms.

institutions as services.


to consulting or an international For the purpose of this Annex, the same rules shall apply to specialized organization organization such as a university, organization foundation, which offers 1.03 An individual expert is any professional or technician specialized in some form of science, art or craft.

1.04 A Contracting Entity is the one with the authority to contract the consultants.

This entity may be, depending the Intermediate contract or agreement.
on each case, the Borrower, Institutions, Financial or any other entity the Executing Agencies, the Beneficiaries, as such in the respective mentioned t .05 The tenns Contract instrument or Agreemelll of which this Annex is a part.

shall be used interchangeably to refer to the legal 1.06 "Project" means, indiscriminately, the Project or Program which is the subject of the Contract.
1.07 "Financing" assigned means the resources, referred to as "Contribution", to Loan Operations, Technical Cooperations, Social "Credit" or any other term, etc.

Entrepreneurship Program, ... r 1487/SF-GY - 2 - ANNEX l:S II.ETHICAL STANDARDS AND CONFLICTS OF INTEREST 2.01 The Contracting these Procedures, corrupt practices, correspondin Entity, and entities shall adhere to the highest both during the contracting contracts.
g procurement or individuals ethical directly participating and refrain standards from engaging in of the stage and during the execution or indirectly under 2.02 The resources Individual or if such institution of the Bank shall not be used to contract the Financing, Experts; of the Borrower if: (a) they are part oft he regular receives by such Individual prior to one of the follmving dates: Financing; tenn given pre\'ious afonnentioned conditions therefore, and reasonable affiliations for the purpose of determining or temporary is the beneficiary Experts from the country staff of the institution to be provided of the services the six months within (i) that of the presentation of the application of the Individual for Expert.
The Bank may reduce this the Not,vithstanding other account and, of interest, Entity.

the Bank may also take into of a conflict or (b) they ha,·e belonged to such entities the incompatibi1ity or (ii) that of the selection or relationships, by the Contracting Expert.
of the Individual the existence declare request tenns, which Firms: by such (a) belong if the partners, Consultants; Bank resources the Financing, 2.03 In addition, of the Borrower of such Consulting shall receive provided months prior to one of the following Financing; Consulting Contracting the Bank may also take into account of a conflict existence Firm.

Consulting or (ii) that of the beginning Firm.

The Bank may reduce Notwithstanding Entity.
of interest, shall not be used to contract Firms from the country associates, directors or professional staff Consulting and other technical to the regular or if such institution or (b) they have belonged staff or temporary is the beneficiary to any of such entities of the institution dates: (i) that of the presentation of the application which to be of the services within the six for of the process by the request of the prequalification this tenn given prior and reasonable or selection the afonnentioned other conditions and, therefore, tenns, affiliations for the purpose of detem1ining declare the incompatibility the of the or relationships, 2.04 A fully-qualified equipment consulting supplier services contractor.
only if it agrees in writing and agrees, construction Project.

in the contract work, material company or holding nonnally to limit its role lo the provision itself to disqualify it signs, or equipment supply or financial firm which is a subsidiary or affiliate will be considered of a construction acceptable services consulting of professional and its associates from any in the same participation 1487/SF-GY Ill.
ELIGIBILITY AND NATIONALITY REQUIREMENTS - 3 - ANNEXB services are financed Entity the Contracting consulting Fund c·MIF"), 3.01 Except when the Investment the procedures the participation BanJc.

When the consulting Agency may Donor countries Bank.
not restrict services or prevent of the MIF or of regional set forth in this Annex, provisions that are nationals of Consultants shall not establish or conditions of any countries or impede of the which are members are financed with resources ing of the MIF, the Contract of the participation developing of Consultants countries which that are nationals are members of the which may restrict with resources of the Multilateral of in the implementation 3.02 Only Consultants that are nationals of countries of the Bank are eligible to with resources of the are financed of the MIF or of regional with resources Financing; however, of the MIF, only Consultants countries which developing are members that are nationals of Donor of the Bank, are that when consulting be contracted services countries eligible criteria to be contracted.
shall be considered: To detennine the nationality of a consulting finn, the fo1lowing that are members provided, (a) The country in which the consulting finn is duly establis hed or legally organized.

(b)The country in which the consulting firm maintains its principal place of business.

( c) The nationality of any finns or the citizenship or the bona fide residency of individuals ownership, possessing consulting finn, firm.
with the right to participate by the certification in profits, of a duly authorized of more than 50% of the officer of such as established ( d)The existence benefits tangible of arrangements whereby a substantial portion of the profits or other of the finn accrues to finns or individuals of a given nationality.
(e) A detennination by the BanJc that the consulting the economy of a country, substantial portion and (ii) that the firm has available elements of the executive, necessary to provide the services professional in the country part of as evidenced by bona fide residency in of the firm; personnel an integral the country of a finn (i) constitutes and technical to be contracted.
the operating equipment or other 3.03 The nationality requirements established by the Bank shall also be applicable to firms with or under sub-contract proposed to a qualified consulting finn.

to provide in joint venture part of the respective services 3.04 The nationality of an individual passport or other official document this ,ule in those cases in which the individual nationality: expert shall of identity.
(a) has established his domicile expert, not being eligible by reason of to work entitled in a member country, is legally be established The Bank, however, by means of the individual's may allow exceptions to 1487/SF-GY - 4 - ANNEX B there (as other than an international future; his country eligible in the immediate therein country and has resided oforigin civil servant) and has no known intention or (b) has established ofretuming to in an domicile permanent for at least 5 years.

IV.
PROFESSIONAL QUALIFICATIONS 4.0J An analysis experience for projects inrnh·ed; in the region work load; (g) ability time; (h) high ethical relation (b) assigned of a consulting qualifications of the professional of the firm and that of its principals of a comparable in providing size, complexity and technical qualified number of professionally (d) language capability; sufficient (a) consulting services as those of the task previous personnel; (c) (e) financial capacity; to do the work within experience (f) present the required successful specialty finn shall include: and in foreign areas; to organize and professional persormel reputation, of interest.
conflict that could cause a potential of any link or and (i) the non-existence V. PROCEDURES FOR SELECTION AND CONTRACTING A.

Selection and contracting of consulting firms 5.01 In the selection and contracting of consulting firms: (a)Prior to initiating the selection procedure and once it has obtained local any necessary approval requirements , the Contracting Entity shall present of firms.
for the contracting the following for the Bank's approval (i) The procedure including: to be used in the selection and contracting of the finn, Entity (A)The role of the staff of the Contracting or the Selection Committee designated to: 1.Review and approve 2.Select 3.Determine 4.Approve a short list of firms; the order of merit of the short listed the firm finally selected.

firms; and documents; The Contracting Entity of the people it chooses positions processes.
selection shaJI furnish the Bank with the names and and to participate in the pre-selection (B)The specific points system to be used in preselecting the firms.

This system shall include, 1.General 2.Similar background work done; of the firm; as a minimum, the following aspects: 1487/SF-GY -5- ANNEXB 3.Prior experience in the country where services are to be rendered, or in similar countries; proficiency; 4.

Language oflocal 5.The utilization and consultants.
(C)The specific shall include point system to factors: at least the following be used as selection criteria.

This system d; of personnel (where applicable)� to be assigne of implementation; and experience methodology 1.Qualifications 2.Evaluation 3.Proposed plan 4.Execution 5.Language 6.Management execution etc.).
controls, schedule; proficiency; support systems of the consulting and to assure quality (regular during control budget reports, services (D)The specific may be relevant local laws, taxation to the selection requirements and procedures which and contrac ting of the consultant firm.
(E)If it is estimated that the cost of the services will exceed two hundred or its equivalent, and contracting of the United Nations to "Rate of relating the selection Business" United States dollars or Agreement, in "Development thousand (US$200,000) calculated in accordance with the provision Exchange" in this Contract sha11 be advertised and in the national intention of the services brief description interested firms and consortia information similar work, etc.
within of these advertisements and the name of the publication of contracting their technical regarding ability, press.

These announcements services d. These should also invite should state the along with a professional consulting require to apply and to furnish detailed 30 days of the date of publication.

Clippings the date shall be sent to the Bank specifying in which they have appeared.
prior experience with (ii)The terms ofreference firm, together (specifications) of the cost; and with an estimate describing the work to be done by the (iii)A list of at least three and no the work would be invited.

more than six firms from which proposals for (b)Once the Bank has approved the foregoing requirements, the pre-selected firms sha11 be invited reference selection to present approved.
procedure The pre-selected and evaluation with the procedures and terms of firms shall be informed regarding criteria adopted, in conformity proposals local laws, taxation specific the specific 1487/SF-GY - 6 - ANNEX B , requirements relevant names of the other finns invited and procedures to present proposals.
to the selection of consulting firms as well as the (c)In the im·itations to present proposals the use of one or the other of the foJlowing procedures shall be specified: (i) A single sealed envelope Entity shall be used.

The Contracting technical proposal, shall analyze the including only the a without price quotation, proposals case so requires, the Bank the proposals and shall classify them in order of merit.
If the complexity the Contracting Entity may resort, and at its own expense, and establish their order of merit.

to the use of consulting of the of with the prior approval to re..-iew services a contract.

to negotiate During these negotiations sha11 be reviewed completely of the terms of reference Once an order of merit has been established among the firms, the finn listed as first shall be invited details and mutual understanding requirements shall be developed.
terms of the contract, rejected until a satisfactory the full to assure with the fim1� the contractual shall be revie\ved; cannot be reached in writing that its proposal with the second firm and so on If agreement it shall be notified with the finn on the has been and legal costs detailed and negotiations shall be initiated has been reached; of the agreement agreement and finally, (ii)Two sealed envelopes shall be used for presenting containing containing the technical the proposed costs for the setvices.
proposal exclusive of costs and the first proposals, the second proposal proposal.

in the presence The second envelope Contract negotiations their and establish with the firm offering in the contract negotiations.

shall analyze the technical shall commence The Contracting Entity order of merit.
the best technical bt:opened uti1ized the other firms shall remain first firm, they shall be returned unopened agreement is not reached shall be notified with the second firm and so on until a satisfactory by this firm shall and shall be of one or more of its representatives presented All the second envelopes with the is reached to the respective firms.
If an with the first firm, it on the terms of the contract and negotiations and, if an agreement agreement is of its rejection presented in writing shall be initiated reached.

sealed by (d)Inability or compensation to agree on detailed costs part of the Contracting Entity shall be sufficient excessive, initiation of negotiations firm has been rejected it shall not be recalled with the that such costs or compensation cause for the rejection and for the firm which follows in the order of merit.
Once a of the proposal negotiations for services for further or a judgment on the are inappropriate on such contract.

or 1487/SF-GY - 7 - ANNEXB (e) Before initiating negotiations, Entity the Contracting with a copy of the report summarizing by the short listed firms identified in Section 5.0 l shall provide the Bank, for its the evaluation of technical of this ( a)(iii) non-objection, proposals Annex.
submitted {f) The final draft of the contract for the approval necessary text shall be promptly local approval, sent to the Bank.

negotiated of the Bank by the Contracting with the consulting Entity, is sign ed.
Once signed, before the contract once it has obtained any a true copy of the firm shall be submitted (g) Whenever that supervision Annex A provides in detem1ined for consulting onding contracts shall promptly Entity fim1s or individual experts, the corresp Tendering into and shall send to the Bank the basic data regarding Entity information contract on each consulting the contract.
so that the Bank may carry out its supervision, services notify the Bank each time a contract and in particular sha11 retain, has been entered The Tendering the background by the Bank of the hiring of consulting wiJI be carried out ex po.st, i.e., after into, the have been entered cases, the following documents: (i) the procedure criteria for pre-qualification and selection; used to hire the finns or experts, including, when relevant, the (ii) the name of the consultants selected� (iii)the reports that recommended prequalification and awarding of the contract; and (iv)the sign ed consultancy contract.
The Tendering the Bank may request.

Entity shall provide the Bank with any additional information which {h) Unless the parties agree otherwise, carried out ex po.st, the Tendering ante approval: notwithstanding in all cases Entity shall by the Bank is ex that supervision submit for the Bank's (i) the corresponding terms of reference; and (ii)the names of the firms included in the short list.
(i) T Before the first time that the procedures experts to be supervised shall submit for the Bank's concurrence, consulting prequalification firms and individual and selection.
experts, of consulting by the Bank ex po.st have been initiated, for the hiring firms or individual the procedure including, it intends for when applicable, the Tendering Entity to use for contracting the criteria 1487/SF-GY -8 - ANNEX b (j) The contracting of consulting finns or individual experts supervised ex post by the Bank is also subject to Bank policies.
The Bank reserves the right: (i) not to finance or to cancel resources procedure contracting s were not in accordance with Bank policies; for contracts whose selection and (ii)to request reimbursement.

with interest and commissions, of resources already disbursed for such contracts; and (iii)not to recognize assigned by the Borrower for such contracts.

as part of the local counterpart contribution, resources The Bank further reserves ante.

the right to require that future contracts be supervised ex B.
Selection and contracting of individual experts 5.02 In the case of the selection and contracting of individual experts: (a) Prior to initiating the selection procedure and once it has obtained local any necessary approval, Entity the Contracting shall submit the following for the Bank's approval: (i) The selection procedure; (ii)The tenns ofreference (specifications) to be and the schedule of the services perfonned in the respective study; (iii) The names of the experts nationality, domicile, and languages; tentatively selected, setting experience their of and knowledge forth in detail backgr ound, professional (iv)The model contract to be used in retaining the experts.
(b) Once the country's appropriate authorities Entity the Contracting and the Bank have approved shall proceed to contract requirements, to be entered contract which the Bank and the country authorities contract text of each contract copy of the signed shall be sent promptly into with each of them shall be consistent shall have agreed upon.

A true to the Bank.

the experls.


The with the fonn of the foregoing (c)When Annex A provides will be supervised and (j) of paragraph that the contracting in certain cases, by the Bank ex post, the rules set forth in subparagraphs of individual experts, (g), (h), (i) 5.01 of this Annex shall apply.

1487/SF-GY '· - 9 - ANNEXB paragraphs 5.03 Notwithstanding the Bank may assist contracts.
under tenns and conditions Entity Contracting It is understood however, of the Consultants that the final negotiation to the Bank, shall be the no commitment and that the Bank assumes in the selection acceptable as we)) as in drafting the pertinent and signing of such contracts, so1e responsibility of the on this matter.

5.01 and 5.02 above and at the request of the Contracting Entity, VJ.
CURRENCIES OF PAYMENT TO CONSULTANTS 6.01 In contracts entered into with Consultants, the following payment shall the rule established be established, with the understanding to that effect in this Contract or Agreement, shall be applied: l/ provisions that with respect to currencies to rate of exchange, related of (a) Pa,·ments reOect lo consulting one of the following firms: Contracts fonnulations, entered as the case may be: into with consulting finns shall finn is domiciled (i) If the consulting services, its compensation except country, or per diem expenses America dollars, Financing; abroad shaH be paid exclusively in foreign exchange which shall be reimbursed in other currencies in the country in which it is to perfonn the in the currency for expenses incurred or its equivalent for foreign travel in United States that fonn part of the of that of (ii)If the consulting finn is not domiciled in the country in which it is to perfonn the highest the rest in United States percentage in other currencies or the equivalent sha11 be paid of its compensation of America possible of such country and the services, in the currency dollars that the part corresponding with the understanding of the country or countries be paid in the currency to be performed.
In the event that the percentage services are the currency of the country th�n 30% of the total compensation shall be submitted detailed comments by the Contracting Entity approval; of the consuJting once it has obtained in which the services justification in which the respective to be paid in are to be performed is less that fonn part of the Financing, shall to per diem expenses firm, a complete the necessary local and to the Bank for its examination and (iii) In the case of a consortiu m composed of finns domiciled country and finns not domiciled therein, the part of the compensation in the respective which l!
Technical Cooperations financed with certain Consultants, should such as payment in only one currency such fonns of payment.

be modified to reflect funds may establish (e.g.

Yen).

other fonns of payment to In such cases, Paragraph VI 1487/SF-GY -10 - ANNEXE corresponds paragraphs (i) and (ii) above.
to each of the members shall be paid m accordance with (b) Pavments to indh'idual experts: (i) If the expert performed, country; is domiciled are to be in the country in which his/her services his/her honoraria in the shall be paid exclusively currency of that (ii)If the expert is not domiciilcd in the country in which hisJher performed and is hired to work for Jess than six months, per diem shall be paid totally in United States of America his!l1er honoraria are to be services and dollars; (iii)If the expert is not domiciled in the country in which hisll1er services are to be his/her honoraria and and is hired to work six or more months, perfom1ed post adjustment currency Per diem, installation compensation dollars; shall be paid in the following manner: ( 1) 40% in the of that country; and (2) 60% in United States and change of residence allowances when applicable, shall also be paid in United doHars.
of America and ,vi th.holding of of America States (iv)Fixed lump sum compensation for services, transportation dollars.

tickets and per diem, may be paid in United including States honoraria, of America VII.RECOMMENDATIONS OF CONSULTANTS 7.01 It is understood that the opinions and recommendations nor the Banlc, and that they reserve the obligate right to put of the Consultants other local entities, Entity, neither the Contracting forward such observations .

� ._.

or exceptions as they deem appropriate.


VIII.SCOPE OF COMMITMENT OF THE BANK 8.01 It is agreed that the Bank assumes no commitment to finance all or part of any program or project which, directly Consultant or indirectl s. y, might result from the sen·ices performed by the IX.SPECIAL CONDITIONS AND REQUIREMENTS 9.01 The final payment for services Entity by the Contracting Consultant's final report.
amount to be paid as fees in accordance with to the Consultants or other appropriate Such final payment shall consist the contract shall be contingent local authorities upon prior acceptance and the Bank of the of not Jess than 10% of the total agreed upon.

1487/SF-GY LEGIII/GY-2488-03 ANNEXC IENDEBPBQCEUJffiES Georgetown Solid Waste Management Program + I. APPLICABILITY These Procedures shall be used by the Tendering of goods and execution 1.01 .\mount and Q·pes of entities.
all procurement value of such goods or works is equal to or exceeds 3 and provided this Contract to be used shall be international corporations their capital.

and assembly installation governed by these Procedures.

are applicable these Procedures governed and other entities The contracting of related of equipment by different procedures.

competitive of works for the Project.


2 Whenever 4.01 of set forth in Section method the procurement sector are in the public 50 percent of exceeds in which government participation of goods, insurance, is part of the public bidding.

sector, Included services, and initial operation such as transportation and maintenance to the procurement services 4 Consulting shall also be of goods under however, I in the estimated The rules applicable to such services.
the amounts such Entity Entity are process the term "Tendering for the Project, This entity may correspond, Agency or to certain In these Procedures, out the bidding services.

the Executing granted only over the selection Other terms used are tenderer, depending official entities pursuant to local law, over the entire and adjudication offeror, authority, stages.
bidding Entity" refers to the entity charged both for works as well as for goods and related with carrying on the circumstances, or specialized agencies to the Borrower, to which may be bidding processes or the bid.

"Bidder" is the entity submilling public sector firm, contractor, supplier, etc.

2 3 4 "Project" means the Project or Program for which the Financing has been extended.
For nonreimbursable Contract technical " shall read as "the Special cooperations, Conditions any reference to "Section of this Agreement ".

4.01 of this nationalit As an exception, criteria paragraph 2.08.

In this Procedure construction services as those used for determining the related the nationality the term "service" y of firms rendering (works).

services of construction is governed by the same firms, as set forth in is not used as a synonym of 1487/SF-GY - 2 - ANNFX, 1.02 J.ocal law.
The Tendering may apply.

Entity formal requirements or procedural these Procedures, not included guarantees or relevant Bank policy.

5 in these Procedures, when their application does not contravene details prescribed under local law and basic bidding in supplementary fom1, to the pro,isions of This Contract 1.03 I egal celatioosbips.

by this Contract.
by this Contract.

The legal relationship bef.\veen related contracts derive rights or demand payments those parties; services bef.\veen bef.\veen The legal relationship the Bank and the Borrower is go,emed also regulates the Tendering important Entity and the suppliers of works, goods and aspects of the procurement process.

is governed by the bidding no supplier documents and the pro,·isions or entity that is not a party to this Contract of the respective can on the basis of this Contract.
104 Basic responsibilities.

Borrower and, for this reason, management of the procurement of the Bank.

The responsibility such Borrower contracts, of the Project is also responsible prejudice for the execution with the remains for the award and the to the supervisory all without authority 5 Because bidding procedures its basic guarantees free access) supplement details, registration the minutes forth.
are uniform�v these Procedures from country legislation varies employed to country by the borrowing countries, and because in both form and detail, guidelines of the bidding the ndes and process.

established herein set forth only the general (such as publicity.

equality.

competition.

formality.

confidentiality, as well as the relevant the provisions such as the membership of these procedures of bidding policies boards or technical or procedural in regard to certain practices for commillees.
formalities of of bids, formal requirements for the award or evaluation of the Bank.

For this reason, of firms, periods of the meeting lo publicly open bids, formal requiremems to award, and so and local laws may 1487/SF-GY -'- II.GENERAL RULES ANNFXC: 2.01 Ethical standards individuals Procedures, corrupt practices, procurement or entities shall adhere to the highest both during the bidding contracts.

The Bidders, participa ting directly the Tendering Entity.
or indirectly standards the Borrower or any other in procurement under these and refrain from engaging in ethical process and the execution of the corresponding 2.02 International competitiw bidding.

The system of international competitive bidding be used whene,·er be partially cost of such goods, 4.0l(a) of this Contract.
the acquisition of goods or the execution of works or related services or totally financed with foreign exchange works or services is equal to or exceeds set forth in Section from the Financing the amounts and the estimated shall is to 2.03 1 In restricted participation used, the procedures participation of bidders that would preclude related imposed.

of bidders.

When foreign exchange and specific requirements from member countries or restrict the offer of works, for the bidding of the Bank.
Consequently, goods, shall permit the unrestricted no conditions including those or related services, from the Financing is to be to any mode of transport, or the participation of bidders from such countries, may be 2.04 Public bidding which ma)'.

be restricted locally.


The acquisition of goods or execution of financed with local currency from the Financing, or with local works to be totally counterpart exceed those indicated public bidding funds, or with a combination in Section 4.01 (a) of this which may be limited to the national Contract, market.

of both, the amounts of which are equal to or shall be accomplished through T es agreed upon with the supplie r of such resources.
Nevertheless, the 2.05 Other procedures for execution of works or prncnremeot or of the Borrower 6, the Tendering of goods or the execution of works is financed exclusively procurement than those of the Financing procedur must comply, diligently Project and works to be procured requirements of the project; at market prices.

information on the applicable to the Bank's satisfaction, Furthermore, and efficiently.
with the Borrower's obligation to carry out the shall be: (a) of satisfactory (b) delivered The Bank may request or completed that the Tendering in timely the Bank must be satisfied quality that the goods and meet the technical fashion; and (c) procured Entity provide it with procedure and the results obtained therefrom.

of goods.

Whenever the by resources other Entity may follow procedures 6 Such as resources institutions.
from commercial banks, suppliers or other international financial 1487/SF-GY 2.06 Procedures applicable to bids in amounts less than the limits indicated in Section 4 DI (a).

- 4 - ANNFX (' f as a general 4.01 (a) shall, of goods or the execution local law.

Insofar as possible, a.

The procurement indicated in Section the respective procedures permitting consideration to economy, from the Financing exchange in addition, countries.
efficiency is to be utilized, of bidders the participation the participation less than those of works for amounts by the provisions rule, be governed establish the Tendering Entity shall and give appropriate of of several bidders and reasonable the procedures price.

Whenever employed foreign shall permit, member for goods or works from the Bank's b.
Whenever Annex A provides that certain procurement Bank ex post, that is, subsequent contracts, the Tendering procurement relating carry out its supervision, particular the following contract to the contract.
documents: has been entered to the signing will be supervised by the of the corresponding notify the Bank each time a into and will send to the Bank the basic data Entity shall promptly procurement The Tendering the background Entity information so that the Bank may and in on each procurement shall retain, (i)the pertinent tendering documents; (ii)tender notices and letters relative to the publicit y given to the bidding; (iii)reports on tender evaluation and contract; and on the recorrunendation to award the (iv)the corresponding signed contracts.
The Tendering which the Bank may request.

Entity shall also provide the Bank with any additional information c. Procurement supervised ex post is also subject to Bank policies.
The Bank reserves the right: (i)not to finance or to cancel resources for contracts whose procurement procedures were not in accordance with Bank policies; (ii)to request reimbursement, with interest and commissions, of resources already disbursed for such contracts; and 1487/SF-GY -'; - ANNFX (' (iii)not to recogn ize as part of the local counterpart assign ed by the Borrower for such contracts.

contribution, resources The Bank further reserves the right to require ante.
that future contracts be supervised ex 2.07 Participants and eligible goods.

Goods and works to be procured to be financed by proceeds tries.

7 The following from the Financing must originate rules shall be followed in determining such origin: for the Project that are in the Bank's member coun­ J.ln the case ofbiddi11gfor works: 2.08 Criteria for deterroioiog gatiooality.

bid on works.
To determine the nationality verify the following criteria: Only firms from the Bank's member countries Entity must firm, the Tendering of the bidding may a. that the firm be constituted and in operation, with the laws of the member country in which the firm has its principal in accordance domicile; b. that the firm have its principal place of business located in a member country; c. that more than 50% of the firm's capital of one or more member countries entities such eligible countries; be owned by one or more persons or legal of or bona fide residents or by citizens d. that the firm be an integral part of the economy of the member country where it is located; e. that there be no arrangement whereby any substantial part of the net profits or other tangible fide residents accordance benefits of the firm will accrue or be paid to persons of member countries or to legal entities not citizens or bona that are not eligible in with the nationality requirements set forth in this paragraph; The goods and services resources or regional developi11g of the Multilateral countries /0 be contracted Investment which are members of the Bank.
Fund, shall come from Donor countries of the MIF for the Project, and which are financed with 1487/SF-GY .,.

7 - 6 - ANNF.X (' f. for the execution of works, not less than 80% of all that in the case of a contract persons carried out, whether citizens from a country permanent residents not be counted; and who will perform services in the country where the construction directly of a member country.
In making this computation by the contractor employed other than that in which the construction is to be be or by a subcontractor, with respect or citizens site is located, to a firm of the country where the construction is to be carried out will g. that the foregoing criteria apply to each member of a joint venture or consortium effort of two or more fim1s) and to every firm which is proposed (a to collaborative part of the work.
subcontract set forth in this paragraph these shall submit to the Tendering The requirements parties; determinin the forms to register, g their nationality, as the either case may be.

must be made known to all interested Entity the necessary infom1ation or bidding fonns for or in in the prequalification 2. ill the case of bidding for goods.

2.09 Criteria for determining the origin of goods.

Only goods whose country of origin is a .. Bank member country may be acquired.
The term "country of origin" means: a. that country in which the material or equipment has been mined, grown, produced, manufactured or processed; or b. that country manufactur in which, through recognized commercially characteristics from any of its imported origin of_ the firm that produces, equipment shall not be relevant article results assembles, their origin.

to determine ing, processing another which differs substantially or assembly, in its basic or country of The nationality components.
distributes or sells the goods or 2.10 National and regional of pn:Cerenre margins may apply the following for bidding margins on the procurement of goods.

of preference in public international The Tendering Entity bidding on the procurement of goods: 2.11 National margin of preference.

When suppliers participate preference in public bidding, the Tendering in favor of such local suppliers.

Entity The following from the country may apply criteria of the Borrower a national margin of shall be utilized: a.
A good shall be considered to be of local origin if the cost of the local materials, labor and services cost.

used to produce the item constitutes not less than 40% of its total 1487/SF-GY - 7 - ANl\:FX r b.

In comparing local and foreign offers, the bid or offered price of goods of local raw materials and value-added Proof of the amounts origin shall be the delivered paid on sign ificant duties sales, consumption items being offered.

provided excluding handling the project by the local bidder.
import duties in question.
charges price at the Project site, with deductions for: (i) import or manufactured taxes incorporated components; into the cost of the item or and (ii) local under (i) and (ii) shall be The foreign bid or offered price shall be the CIF price, to be deducted or consular and port fees, to which will be added port and any local transportation from the port or frontier to the site of c. The conversion of currencies to provide price comparisons shall be made on the basis of the exchange rate utilized by the Bank itself in this Contract.
d. In adjudicating bids, the Tendering duty, whichever may add a 15% margin of preference to the CIF price of the foreign offers Entity or the actual expressed import in their local currency is the lesser, equivalent.

2.12 Begiooal margin of preference a.

For purposes of this Contract, the Bank recognizes (i) Central agreements: Cartagena Agreement; American Common Market; and (iv) Latin American the following regional or integration Community; (iii) Association.
subregional (ii)Caribbean Integration more than one integration the regional be procured.

If the country where the Borrower is located agreement, the subregional on the country of origin has signed margin of.preference of the article either or to margin may apply depending b.
Where suppliers from a country party to an integration party, participate margin of preference agreement in a bidding, utilizing the following criteria: (other than the country of the Borrower) that is a is also a to which the country of the Borrower to a regional of goods are entitled such suppliers (i) A good shall be considered country that is a party to an integration the Borrower is also a party and if it complies origin and other matters in the respective to be of regional agreement integration agreements.
relating with the standards to trade liberalization origin if it originates to which the country of governing in a programs established (ii) The local value added shall not be less than that stipulated margin of preference.
for the national 1487/SF-GY - R - ANNF.X C (iii)In comparing foreign offers, the Tendering offers of goods originating in countries agreement integration to such goods when they originate applicable agreement integration in countries originate and that which is applicable which are parties to the agreement, 15% or the difference between in countries the import duty not parties to the to those goods when they Entity may add to the price of not parties to the respective whichever either is lower.
2.13 ,Joint ventures.

The Bank encourages the participation of local manufacturers and to aid development contractors contractors may shall be established participation.

bid independently requiring of local industry.

Manufacturers, industrial firms and local or in joint venture with foreign firms, but no conditions mandatory joint ventures or mandatory percentages of Ill. INTERNATIONAL COMPETITIVE BIDDING PUBLIC/TY General Proc11reme11t Notice 3.01 General rule and specific requirements.
of a General parties to give interested shall require the publication Procurement timely notification Except as the Bank may otherwise agree, the This notice, Notice ("GPN").

of acquisitions for works or a tentative schedule for such Project which is intended goods that may result shall include biddings.
from the Project, the following information: as well as to provide a. the name of the country; b. a referency to the Inter-American Development Bank loan; c. the name of the Project, amount and purpose of the loan; d. a brief description or group of biddings that would take place in which quarter or half of each year the biddings as are part of the Project, to take place; likely of each bidding indicating e. a brief description of the Bank's policy on publicity for specific biddings, with an indication of the type of publication to be used� and f. the name of the Tendering address, at which interested parties may obtain additional its postal Entity, information.
and telephone and fax numbers 1487/SF-GY - 9 - ANNFX (' 3.02 Method of pnhlicatioo.

When the GPN is not in the process of being published the Bank will arrange on behalf or has not of the of this Contract, prior to the signature to ha\'e the GPN published Entity been published Entity, Tendering Business."
For such purpose, publication, the requirements published, been agreed upon, the Bank shall carry out its publication, official languages date of this Contract, of paragraph "Development and shall send to the Bank, for its review the text of the GPN to be 3.01, above.

Once the final text has in the United Nations Journal within 30 days from the which may be in any of the the Tendering following of the Bank.

3.03 PuhJirit)' requirements for specific biddings a. Cooleol of the public notice to pceqnalif.y.
The public notice of prequalification or registration have been previously following information: of prospective bidders, approved as the case may be, the text of which shall at a minimum, by the Bank, shall include, the (i)a general description of the Project the bidding, on goods, its site and its principal and special their description and of the work which is the subject In the case of bidding if any; characteristics.
characteristics, of (ii)the proposed method of prequalification; (iii)approximate dates for issuance of the invitations to bid, opening of tenders, initiation of construction; of the works which are the subject of the bidding, and completion (iv)the fact that the project for which bidding is being carried out is being partially contracting pr�visions of this Contract; financed by the Bank and that the procureme11t of goods or to the shall be subject for works covered by said Financing (v)the place, time and date at which firms may obtain forms agreed upon by the Tendering Entity and the Bank, as or the prequalification registration well as the cost of these forms; and (vi)any other requirements which must be fulfilled they qualify and are subsequently invited biddings.
so that parties by interested in public or are able to participate b.
Content of tbe notices of tbe call to hjd and jnyjtatjons to hid Calls to bid published in the press when prequalification has not taken place or 1487/SF-GY -10 - ANNFX (' invitations to bid delivered shall have been previously following: or forwarded approved to prequalified by the Bank, must specify, !inns, the texts of which the as a minimum, (i)the description destined of the Project, purpose of the bidding and source of funds to finance the cost of the procurement of goods or works; (ii)the fact that the project for which bidding is being carried out is being partially contracting provisions of works payable of this Contract; financed by the Bank and that the procurement from said Financing of goods or to the shall be subject (iii)the general description of the equipment, machinery and materials required, as well as of the works, the volume or quantity and the deadline for its completion; of work, its principal parts (iv)the office or place, the bidding obtained; date and time at which the bidding specifications plans, guidelines, and draft contra,cts, may be documents, including .. (v)the office where the bids are to be submitted and the authority responsible for their approval and award; and (vi)the place, date and time at which the bids will be opened in the presence of the bidders or their representatives.
c. Publicity.

(i)I oral pnbliricy.

Every bidding Said publicity local publicity.

include prequalilication invitation two occasions Tendering widely Entity, circulated.
is not restricted in a widely circulated on one occasion services and that of the for goods, works requires or related shall that the public notice of invitation to bid, when !inns, shall be published on al least or at the election of the which are newspapers newspaper, in 1,110 different or registration, to prequalilied (ii))nternatjonal pnbfirity.
In the case of biddings with a value estimated in addition be equal to or above the amounts set forth in Section Contract, (i)above, the Tendering such cases, submission to the local publicity referred to in subparagraph shall carry out international In publicity.
and that of shall be the public notice of prequalification of bids, when there has been no prequalification, or registration 4.0l(a) Entity to of this 1487/SF-GY '( -11 - ANNFX r published applicable, Section 4.0 I. in the United Nations in any additional journal "Development Business" and, if in the cited medium which may be specified BIDDING DOCUl'r/ENTS 3.04 B.a.o.k'.s apprn\'31.

The bidding documents shall be approved by the Bank prior to their to interested parties.
These documents shall conform to the requirements, set forth release in paragraphs 3.05 to 3.16.

3.05 Clarity rontent• documents.

The bidding shall be clear and coherent.
They should describe works or services to be provided; prepared documents and in they should carefully and price of tbe bidding Entity what is required, that is, the goods, which make it difficult requirements by the Tendering full detail not include they should clearly indicate The detail bidding, bidders; specifications; If a price is fixed for purchase cost of those documents but in general bid forms; guarantee and complexity the criteria to be used in evaluation of the documents may vary according for qualified contractors to participate and and comparison of bids.
to the nature of the for a model contract; the call for bids; instructions technical or bond requirements; the documents shall include: a list of goods or a bill of quantities and, when applicable, of the bidding documents, it should and in no case be so high as to discourage a table of prices.

reflect the reproduction competiti on.

3.06 Frcc access ID tbe Tendering Entity.


The Tendering Entity shall be available, documents have been collected to answer questions bidding bids are opened, inquiries known to the other interested parties Bank.

The names of the firms which requested by bidders or clarify the bid documents by the Tendering that have acquired Entity, the bidding shall be answered promptly clarification for bidders.

These and clarifications documents made and to the and up to an appropriate shall not be made known.
once the time before the 3.07 Standards equipment complying mentioned of qnalil)'.

If the bidding or materials with other recognized standards documents must meet, the specifications mention standards of quality should also indicate equal or higher which the that goods than the quality standards which assure shall also be acceptable.

3.08 Specifications or types of equipment brand names.
Specification s should not refer to brand for equipment; numbers that this is necessary names, catalog it has been decided design or charact essential the references should determining equipment equal to that specified.

In special such equivalence.


with similar be followed eristic of functioning, by the words "or equivalent" should together with the criteria for of offers for characteristics The specifications and which provide and service at least cases and with the prior approval of the Bank, permit the acceptance performance when from a particular manufacturer, except of a particular In these cases, the inclusion or fabrication.
in order to guarantee construction 1487/SF-GY specifications may require the furnishing of an article from a designated manufacturer.

- 12 - ANNFX (' 3.09 Cucceocy prnvj,jons.

The bidding documents shall include the following currency prov1s10ns: a.
Currency of the bid in a currency selected by may express the price of its Entity in the bidding that the bidder or, at its option, documents should establish of its own country and indicated The bidding offer in the currency the Tendering selected currency to incur expenses same currencies price of its offer to be paid in each currency.

express be paid in other currencies documents bidding conversion.
is widely used in international in more than one currency stated and the exchange indicate its offer in a single should indicate and indicate shall clearly and desires in its offer, currency commerce.

documents, A bidder to receive that the provided who expects payment in the and justify the por1ion of the the bidder may of the total price to As an alternative, the percentage the rules and procedures for making the rate used in the calculations.

The b.
The b.

Currency fnr eyaluation and comparison of bids • in the bidding or currencies in which the Tendering to a single documents currency as the currency to be used in the evaluation The currency works shall be converted identified rate of exchange currency, The effective date of the rate of exchange documents, date specified for the opening as published provided of bids.

shall be the selling in an official source and applicable rate of the selected transactions.
to similar should be stated in the bidding that such date should not be earlier than thir1y days prior to the Entity selected is to pay for the goods and by the Tendering Entity and of all bids.

The for comparison c. Cucceocy for payments the currency used in payments to a contractor should be the same as that should require that the amounts the bidding be stated documents separately In general, quoted in the bid.
When payments are to be made in local currency foreign exchange, in each currency one currency percentage payments of the foreign currency or gain.
It is the Borrower's documents and in the contract, of its bid price remains responsibility that the bidder and the bidder has also requested of the bid price, the exchange shall be those used by the bidder in its bid, so as to ensure that the value any loss to be paid When the bid price is stated payments in other currencies rates to be used for the purpose of the same, without and justified.
portions clearly, as well as in to establish must comply with the requirements in the bidding as a in 1487/SF-GY '( -11 - ANNF.X I stated different above, and that the bidder shall not be able to obtain payment in a currency from that specified in the bidding documents, the bid and the contract.

3.10 Excbaogc risk.

When a payment to be made to a contractor is based on the the exchange risk may not be charged or supplier to the conversion contractor or supplier.
of Jocal or foreign currency, 3.1] guarantees'' over such long periods, or "bid securities") Rid bonds.

("Tender nor their validity from tendering.

executed be returned to the second and third-place bidders, months from the date of the award or upon execution prior to such deadline.

the award.
the award.

following , bidders extended is Bid bonds shall be returned to the winning party once the contract Bid bonds shall within a period of no more than three occurs Bid bonds should not be set so high 8 as to discourage Bid bonds shall be returned to other bidders and the party's performance bond or guarantee has been accepted.

of the contract, responsible within five days if the latter 3.12 bonds.

protection.
for construction Specifications Performance works should require bonds or other forms of guarantee to ensure that the works will be carried out Even though the amount of the bond will vary with the type and magnitude should be defined in the bidding documents adequate the work, at no increase contractor sufficiently necessary, with contracts percentage beyond completion performance may be required may consist The amount of the bond should be sufficient of the total payment during a warranty period.
of the work.

The life of the bond or guarantee bonds or other forms of guarantee in expense to the Tendering for the supply of equipment.

to cover a reasonable of the contract and be sufficient in the performance This guarantee Entity, to afford the Tendering Entity of to ensure completion in case of default by the should extend warranty period.

If in connection of a of the retention performance to completion.
of the work, it 3.13 for cvaluatjon Criteria most advantageottS account lowest evaluated in the comparison of hids.

Contracts wi 11 be awarded to the bidder whose offer is the in tenns of price, and in terms of other factors that should be taken into the bid."

In order to select of bids.

This is the "lowest evaluated bid, the bidding documents should clearly establish the factors, in addition 8 limit the amount of bid bonds (tender guaramees) of the price of each offer.
In general it is recommended to a certain that the Executing practices Some bidding percentage Agency establisl1 bidders.

disclosure bids, should the amoum of the guarmuee percentage 3% for small con a set percemage This is to al/oid mries between tracrs.

related 10 the esrimated of the price of each tender prior to rhe opening or bid bond become public knowledge.
to cost of the works common for all of rhe This set ranging 1%/or very large comracts of over US$100 million, 1487/SF-GY -14 - ANNFX (' in the evaluation preferably be expressed and the weight which is to be in monetary terms or, as should These factors a relative that can be taken into account to each factor.

gi\'en to price, which are to be taken into account gi\'en a minimum, Factors site; payment schedule; efficiency pans; and proposed should reflect e,·aluation documents.

evaluation.
evaluation.

the costs and benefits of bids, no consideration of delivery of equipment; and compatibility Price adjustment schedule method of construction.

weight in the evaluation are, among others: costs to the project of the works or goods; operational costs; criteria of the bidding transportation documents.

of maintenance availability The relative service and spare assigned to each factor weights that the factors would bring to the project.
In the may be given to factors not described in the bidding pro,·isions in the bid are not taken into account in the 3.14 Reparable errors or omissions.

that are properly documents to correction The bidding subject and of presentation complete documents in the bidding of bids.

A bidder information, were not clear.
for not having presented the requirements should errors and those that are not, in the stages distinguish between in question relating to is subject data or information to correction --generally a situation to promptly of a factual provide the missing or historical Provided arising nature-- information that the error in the context the Tendering or correct the should not be automatically unintentionally or either are not traditionally subject there are certain basic errors or omissions to correction.
the bidder of its offer or improve it.

Exaniples of these are failure shall not be permitted which, because of their to sign a to correct a guarantee.

Furthermore, that alter the substance errors and omissions both of prequalification disqualified because or omission of omissions Entity mistake.

gravity, bid or present or omissions shall pem1it However, the bidder 3.15 Rejection of an bids.
The bidding documents shall provide that the Tendering Entity may reject all bids, pursuant to the criteria set forlh in Section 3.43.

3.16 Model eontracf-The form of contract between must be consistent the most economical shall include general with the type of bidding distributing the obligations be drawn up and risks related price and efficient execution of the project.
Such of particular application or special and conditions to the operation conditions bidder with the objective so as lo obtain contract conditions.

of equitably should the Tendering used.

The contract Entity and the successful a.


General conditions of contract should include general of the contractor, penalty The contract obligations insurance, termination, appropriate, requirements relating and conditions which comprise, inter alia, general to bonds, indemnities of payment to be retained, and bonus clauses, percentage advances, the general and the manner and currency conditions should also cover the duties of payment.
When and responsibilities 1487/SF-GY - 1 S - ANNFX (' of the consultant(s), site that may affect the works.

The following clauses of the general additional reYisions, conditions: funds, and any special requirements situation at the job apply to some frequent (i)EligibUity of expenses for payment with Dank financing shall provide that the contractor The contract expenditures for the purpose of the contract.
loan resources, in the territories of any country which is not eligible procurement under the Project.

shall not make any to be financed with or supplier which are for (ii) Payments as for example for materials into the works, should be clearly Entity to the supplier or which may be authorized analyzed.

Other advances delivered to the site expenses, should be carefully contractor goods delivered for mobilization documents.
When appropriate, Use of advance payments by the Tendering construction upon signature of the contract, which may be authorized, but not yet incorporated contract performed or excessively capital the Bank may make disbursements construction disbursement reimbursement goods, or to contractors; Bank to reimburse a commercial of credit to a supplier of the contractor or contractor.

or supplier.
should be provided for the acquisition services financed under the Financing: to the Tendering of expenditures; (2) by disbursement to suppliers Entity in the form of an advance or of goods and ( 1) by direct of imported and (3) by means of an irrevocable agreement of the high bids which might result from the high cost of working At the request of the Tendering Entity, progress described in the payments for work for in order to avoid bank which has issued or confirmed a letter (iii)Price adjustment clauses in the contract or deflation In appropriate downwards) of inflation components of the contract, basis for such adjustments documents and in the contract.
cases, provisions may be made for adjustments price in the event changes occurring of the economy affecting prices of the major cost (upwards as a result or such as labor, materials should be clearly and equipment.

in the bidding indicated The (iv)Retention of payment When appropriate, the bidding documents and the contract may provide for a 1487/SF-GY - 16 - ANNF.X, of the total payment percentage perfom1ance reimbursement by the contractor, and ultimate payment.
to be held as retention money to secure full as well as the conditions for its (\') Penalty and boons clauses for a penalty, Pro,·isions in the contract included loss of revenue, expense, Entity.
Tendering bonus to the contractor date specified established in the contract --sometimes called liquidated when delays damages-- may result in completion should be Similarly, the contract may stipulate for completion of the contract in extra or inconvenience to the the pajment of a before the completion loss of production, in the contract, or for otherwise exceeding minimum criteria regarding performance.
(vi)force Majenre conditions that the general It is desirable stipulating obligations perfom1ance event of force majeure (to be defmed in the general contract).
contain of one of the parties to perform any or all of its a default in the shall not be considered is the result of an insofar as such failure conditions of the that failure under the contract of such obligations of the contract clauses (vii)BesoJntjon of disputes It is advisable applicable to include in the contract, law and the forum for the settlement provisions of disputes.

with respect to the b.


Conditions of particular application The conditions include goods) be purchased; such as currency; amendments of particular application (for works) or special of the works to be constructed conditi or the goods to ons (for a detailed the source description of financing; special requirements to matters pertaining as well as any payment; and bonus for early completion; conditions.

to be made to the general Prequalification and registration of bidders 3.17 Applicability General rule.
In bidding conducted for the execution Entity Tendering case of large or prequalification shall utilize complex or registration civil works.

The Tendering conducted in bidding may also Entity for the procurement of works, the in the of bidders use a system of of goods, if the system of prequalif1cation or registration 1487/SF-GY deemed appropriate by such Entity .

-17 - ANNFX r 3.18 Two-envelope procedure.

Entity may agree to utilize circumstances established it advisable.
documents: render in the bidding Unless prohibited a two-envelope by local Jaw.

the Bank and the Tendering procedure By means of this procedure, in their judgment, which must be clearly whenever, a.
Every bidder shall submit, at the time the bids are opened, two sealed envelopes containing the following: (i) Envelope ] - Information on the financial, of the firms, such as: financial solvency, specific contracts experience, executed, contracts, key personnel ongoing and machinery legal and technical capacity to contract, and available general for the project, and litigation.

and current obligations qualifications (ii) Eonlope 2 -The bid itself, with the respective price quotation.

b.
b.

At the opening of bids, which shall take place in a public meeting at the set day and time, Envelopes have included Envelopes the minutes information, bidders.

and Envelopes sealed.

shall remain No.

I shall be opened and it shall be verified the documents required by the bidding documentation, do not contain the required that fact will be recorded specifications.
whether the bidders If the in or incomplete to the respective of the session and Envelopes Upon completing along with a description No.2 shall be returned of the missing unopened the first ceremony these procedures, shall be adjourned, No.2 of bidders that have presented all the required information c. Based on this information, set forth in the bidding periods documents.
prequalification of bidders shall take place within the d. Once the� prequalification Entity has been completed with appropriate In this second public to the firms not prequalified.

shall set, Tendering the second public meeting.

returned unopened did prequalify record of the prices minutes.

shall then be opened, Envelopes No.2 shall be meeting, No.
2 of the firms that Envelopes the price of each olTcr shall be read aloud, and a shall be made in the of the tenders and approved the place, by the Bank, the date and time of and most relevant prior notice, details e. The final evaluation of the proposals and the award shall be made within the time set forth in the bidding periods to the proceedings.

documents, and once the Bank has given its consent 3.19 Begistrafjog of bidders.
The registry is a form ofprequalification to acceptable of bidders 1487/SF-GY • .,..

- 18 - ANNFX r or be opened on a frequent basis, whether for updating the Bank.

In order to be acceptable pennanently registere projects difficult d !inns or adding new !inns; (b) be open for each bidding financed by the Bank; and (c) include the panicipation on to be carried out for that would impede or render of bidder equality.
(a) be open infonnation of foreign bidders that the registers: no requirements it is necessary the principle or ,·iolate 3.20 Term for preqnalifkation.

The Tendering Entity shall conclude the prequalilication within a time period compatible Entity and the Bank.

with the timetable of investments agreed upon by such 3.21 Content of the preqnaJificatjon form.
The prequalilication or registration fonn, as the case may be, shall contain, the following data: or bidder registration inter alia, a. the legal background on the creation, !inn.

A copy of the !inn's by-laws attached.

h .
9 erem ; The infomiation regarding juridical and respective nature and nationality constituting nationality shall comply documents with paragraph shall be 2.08 of the bidding b. the technical background of the !inn; c. the financial condition of the !inn; d. available staff and equipment; e. experience in the construction, to those which are the subject similar of the bidding; manufacture and installation of goods or works f. g. work under way or present obligations assumed by the !inn; that the !inn has sufficient evidence the works contemplated equipment are located; by the project and staff and equipment and an indication to satisfactorily carry out of where such staff and h. a description, in broad tenns, of the systems the the !inn would use to execute 9 In the instances procurement subparagraph 2.
08. paragraph in which prequa/ification of goods, the information 10 (a) musr include information to bidding is made in this on the origin of the goods, pursuant to which re.ference is cond11c1ed wi1h respect for the 1487/SF-GY • works -19 - ANNFX r 3.22 Deadline for delivecy of the forms.

Interested from the final publication deadline may days parties shall have at least 45 calendar forms.

This or registration market.


to file prequalification is restricted be reduced to 30 days when bidding to the domestic of the notice Selection of Prequalijied Firms 3.23 Qualified firms.

Only firms that have demonstr ated, pursuant the necessary technical, to carry out the works may be prequalified to requirements set forth in and financial, legal or entered in the registry errors may be obvious in form or which contain documents, or registration the bidding administrative capacity of bidders.
accepted 3.14.

Forms which are defective and corrections requested, in accordance with the principles included in Paragraph 3.24 Iecbnical shall prepare The Tendering Entity indicating which were prequalified a technical or duly qualified report on firms that in the register report.

themselves, presented and which were not, together so that it may express promptly with the grounds thereof.

The report shall be sent to the Bank its approval or reservations.

3.25 Notification of rewlts.


shall be simultaneously Once the Bank approves of the results.

notified the technical report, all participating firms 3.26 J.ater disqnalificatjnn.

Once prequalified, a firm may not be disq ualified from the corresponding information decision bidding unless prequalification or registration circumstances was based on incorrect that would justify such a filed by the firm or unless compelling arise after the date of prequalification or registration.
3.27 Qnratjon of eligibili�·.

If one year has elapsed since prequalification or registration, invitation prequalification firms already provided.

for bidding has not been issued, or registration prequalified or registered The new call shall meet the requirements so that prospective new bidders may update the information established in these Procedures.

and those they originally may be admitted the Tendering Entity shall issue and an a new call for 3.28 Absence of prospective bidders a.
If fewer than two prospective bidders a second call shall be made, following limited Bank authorizes subparagraph bidding the direct or authorizes on the terms set forth in the following hiring of the contractor or supplier.

were prequali the same procedure, in the first call, as in the first, unless lied or registered the .. 1487/SF-GY -20 - A.NNFX f' b.
If, after the second call, there are not two or more firms that have qualified, i fication prequal Bank, limited bid, including may be declared null and voi<l and with the prior approval may be conducted bidding the firm previously prequalified.

if there was one.

with at least three fim1s being invited to the of the 3.29 Prequalificatjon for multiple biddings a.
The Ten<lering may agree with the Bank to call for a single prequalification Entity for multiple of contractors for the construction biddings time, several place and when, due to the geographical ations bidding.

acceptable biddings when it is anticipated of a group of similar that.

in a short period of works will take location of such works or other consider­ to the Bank, such works may not he carrie<l out through a single by the bidding documents, contractors thus prequalified may b.
If so established participate Tendering changed execute in one or more of the scheduled biddings.

Entity for bids, the In each invitation that may have update infomrntion may request that the bidders and in particular, since prequalification, the work continues to be that required demonstrate that their capacit y to documents.

by the bidding c. The duration one year.

of the validity of prequalifications for a group of bids sha11 not exceed BIDDING J,1vitatio11 to Bid 3.30 Following preqnalificatjon.
If prcqualification has taken place, the Tendering Entity shall send or deliverinyitations or delivering approval, not transmitted the text of the invitatio At this stage, such invitations, Entity the Tendering n to bid, together to bid only to those fim1s that were prequali shall transmit with the bidding need not be published.

fied.

Prior to sending to the Ban1c, for its if they were documents earlier.

notices In the absence as set forth in paragraph prequalification.
3.31 \Vithont publicized minimum prerequisites goods involved.

content parties interested to the form specified and submitted which would qualify bidders For this purpose, the documents in paragraph shall include 3.21 of this Chapter, documents shall clearly the invitation to bid shall be specify the to carry out the works or supply the in which is to be filled out by a questionnaire similar of prequalification, by them along with their 3.03.

The bidding offers.
The bidding offers.

respective Deadlines for Suh mission of Bids 1487/SF-GY - 2 l - ANNF.X r. 3.32 Normal term.

The nom1al deadline for filing offers shall be not less than 45 calendar bidding or the date of availability days from the date of the last publication of bidding documents, whichever is later.

in international competitive of the notice of bidding 3.33 Term for large or complex dyil works.
Where large or complex civil wmks are involved, a minimum of 90 calendar days shall be allowed for contractors to submit their bids.

3.34 Deadline for filing of domestic bids.

When the bidding may reduce the Tendering the period Entity for filing offers to 30 calendar to the domestic days.

is limited market, and preqnalification documents.


prequalification by the tenderer containing are delivered of bidding the envelopes 3.35 Confidentialit)' receiving verify that such en\'elopes shall be kept in a safe place until the day scheduled copies the contrary, announcement clarification be communicated in the respective only to those officials process.
of the contract and evaluation shall be made of the documents award, information of bids or relating after the public bidding opening of bids and reading in the envelopes.

relating or registration The officials in charge forms or tenders of shall properly sealed.

for their opening.
for their opening.

These envelopes Once opened, no to Except as the law may require of the bid prices, and before the to the examination, concerning awards may to recommendations tabulation, of the Tendering Entity who are officially involved 3.36 Modification nr amplification of the bidding documents.

d the bidding of the bidding guidelines by the Bank and communicated documents.
of either or specifications to all interested In the event that such modification Entity in the opinion of at least 30 calendar the Tendering days between the date of notice is or the Bank, there must be an parties to interested amplification approved receive substantial, interval date bids are opened.

or the filing date and the parties who have officially or amplification Any modification or must first be - 3.37 Consultations shall not modify bidding documents interpretation.
of bidding may not be used to modify or expand the bidding Consultations presentation of bids.

addressed and replies thereto shall in no case cause a suspension of the term for Consultations documents.

to the Tendering Entity guidelines regarding the parties by interested and specifications.

3.38 Single hid.

When only a single Tendering Entity may not award the contract bid is received without to bid, the to an invitation of the Bank.

consent in response the prior 3.39 Opening of bids.
Offers shall be submitted in writing in sealed envelopes.

signed by the legal representatives of the bidders and comply with the prerequisites TI1ey must be set forth 1487/SF-GY - 22 - ANNF.X (' ,.

documents.

of the bidders They shall be opened in public on the scheduled and of the Bank may attend the bid opening in the bidding Representatives entitled to inspect unopened.
guarantees, principal minutes Entity and by any bidders the bids� bids received The names of the bidders, the and any substantial change submitted after the filing date and time shall price of each bid, the lem1 and amount of but after the before the deadline in the of the above shall be recorded separately bid is submitted, shall be read aloud.

All of the proceedings, which shall be signed present who wish to do so.

date and hour.
date and hour.

and shall be be returned by the representative of the Tendering 3.40 Clarification of bids.

The Tendering Entity with respect the offer or its price, nor shall they violate to their offers.

Clarifications may request requested bidder the principle of clarifications or given shall not alter the essence equality.

from the bidders of Analysis and Comparison of Rids 3.41 Purpose.
Bids shall be analyzed terms and conditions fixed for the purpose stipulated of selecting to determine and evaluated with the whether in the bidding documents, and the value of each bid shall be bid.

the winning they comply 3.42 Eyaluation of hids.

The evaluation of bids shall be carried out fo1Jowing the criteria set forth in paragraph 3.13.

3.43 Rejection of bids.


Bids that do not substantially fulfill the requirements errors or omissions pursuant to the criteria set forth in of the bidding without having the been evaluated.

with the Bank, reject al] bids where no bid Additionally, with the bidding or that contain 3.14, above, shall Entity irreparable be returned may, after consultation documents, CaJls for new bids for reasons documents paragraph Tendering complies collusion.
and/or bids are only sli�tly however, after consultation by amounts official estimate such cases new bids should be requested submit bids in the first instance, submission so much lower than the official not be able to complete offered.

the job or supply of new bids.

Individual to provide estimate higher than the original cost estimates.
or where there is evidence of lack of competition ged in cases where may, Entities with the Bank, reject all bids if the lowest bids exceed the reasonable sufficient of price are discoura justification Tendering from, at the least, and a reasonable amount bids may be rejected in cases where In for such action.
to all those who were invited for of time should be allowed bid is the particular that the bidder will at the price to conclude the time specified that it is reasonable the goods within 3.44 Bid evaluation and comparison evaluated report.

The Tendering sha11 prepare a detailed report on the analysis of bids, describing bid.

The report shaJI be submitted the reasons to the Bank for consideration of the lowest prior to the for selection Entity precisely 1487/SF�GY • -21 - ANNF.X r. that the proposed award.
If the Bank determines it will promptly contract terms of these Procedures, therefor.

and state the reasons unless may cancel expenditures declared the inconsistencies an amount of the Financing ineligible.

inform the Tendering will not be eligible giving rise to the Bank's objections Such contract which, in its opinion, award is not consistent with the of its determination Entity for financing by the Bank, can be corrected.

The Bank to the amount of corresponds Award of Contract 3.45 Rank approval.
The award shall be made to the bidder whose bid has been determined to be the lowest has approved evaluated the draft notice of award.

bid and in conformity with the bidding documents, once the Bank 3.46 Award notification Entity bidder days from the invalid, signature the bidding shall no longer they have provided shall notify all bidders which could materially Entity three working award to of becomes aware of facts not known to it at the time of to preform or declare or the Borrower .
The Tendering and within the Tendering unless and contract of the award, at the addresses date of the award.

Once this has taken place, another illegality, prequalification the contract.

contract winning bid or the tenns and conditions stipulated Bank approves the draft contract, send a copy of the signed contract Tendering of the contract.

in the bidding and the Tendering to the Bank.


The successful send to the Bank, for its approval, to be signed of the successful bidder a copy of the draft of the shall not modify the Once the promptly Entity shall shall furnish the bidder set forth for the sign ing there has been fraud or other forms the same period as security within affect the ability It shall promptly a performance for signature it shall be signed documents.

The contract by the winning bidder.

Entity 3.47 Modification of the award.


If for any reason the winning bidder does not sign the contract .... or furnish the perfom1ance Entity may award it, without which they have been evaluated security a new invitation .

within the period set for that purpose, to bid, to the other bidders the Tendering in the order in Ridding Declared Null and Void 3.48 Report to the Rank.
Whenever null and void, it shall request the Tendering Entity has justified ·the prior favorable opinion by sending it a complete report, including the reasons and grounds grounds for declaring of the Bank for such such for proposing the bidding action a measure.

3.49 Effects of the declaration.

Once the bidding is declared null and void, the Tendering Entity shall issue a second invitation to bid following the provisions set forth in these 1487/SF-GY - 24 - AJ,iNFX r Procedures.
Bank shall agree on the procedure If the second bidding is declared to be followed null and void, the Tendering and the Entity involved.

for the procurement IV.DUE PROCESS 4.01 Bniew mecbaoisms.

must guarantee necessary to guarantee such protection.

Regulations the legal protection applicable of bidders, to bidding permitting the carried use of the review out under these Procedures mechanisms 4.02 Snbmis•ioo of protests.
The Tendering Entity shall not impose conditions which would impede, bidding restrict for the acquisition or increase the cost of submission of protests of works with by firms panicipating of the Project.

resources in of goods or execution 4.03 Notifkatioo of protests.

The Tendering in writing Entity shall notify by panicipating firms and of any responses the Bank promptly of any to or claim that it has received protest such protests or claims.
V.NONOBSERVANCE OF THESE PROCEDURES 5.01 Effects of nonrnmpliaoce.

The Bank reserves the right not to finance any acquisition of goods and services there has been noncompliance or contracting for works with respect to which, in the Bank's opinion, with the provisions set forth in these Procedures.

• 1487/SF-GY •