Page 1 December 6, 1999 Mr. M. Kurtovic Minister of Foreign Trade and Economic Relations Musala 9 71000 Sarajevo Bosnia and Herzegovina Re: Dutch Grant for Procurement Monitoring and Auditing Project Grant Number TF024779 Dear Mr. Kurtovic: I am writing on behalf of the International Development Association (IDA) to indicate IDA ’s agreement, as administrator of grant funds provided by the Netherlands, to make a grant in an amount not exceeding eight hundred thousand United States dollars (US$800,000) (the Grant) to Bosnia and Herzegovina (the Recipient). The Grant is made in response to the Recipient’s request for financial assistance and for the purposes and on the terms and conditions set forth in the Annex to this Letter Agreement. The Recipient hereby confirms its request that IDA carry out the activities described in paragraph 1 of the Annex to this Letter Agreement, and represents that it is authorized to contract the Grant for the said purposes and on the said terms and conditions. Please confirm your agreement with the foregoing, on behalf of the Recipient, by signing, dating, and returning to us the enclosed copy of this Letter Agreement. Upon receipt by IDA of the copy of this Letter Agreement countersigned by you, this Letter Agreement will become effective as of the date of the countersignature. Very truly yours, INTERNATIONAL DEVELOPMENT ASSOCIATION By /s/ Christiaan Poortman Country Director, Bosnia and Herzegovina Europe and Central Asia Region AGREED: BOSNIA AND HERZEGOVINA By /s/ M. Kurtovic Minister of Foreign Trade and Economic Relations Date: 12/9/1999 ANNEX Purposes, Terms and Conditions of the Grant 1. The purposes of the Grant are to assist in the preparation of the Procurement Monitoring and Auditing Project, which has as main objectives the consolidation of well-functioning budget, auditing and procurement systems; enhancement of the reliability, relevance and timeliness of financial information; improvement of transparency and accountability in government policies and strategies and procurement. (the Project). The activities (the Activities) for which the Grant is given are as follows: (a) development of policies and guidelines for (i) strengthening domestic and external resource management, (ii) introducing strategic public resource allocation, and (iii) improving financial planning and control capacity. Page 2 (b) development policies and guidelines for incorporating externally financed projects within the Entity budgets and for more strategic external aid management. (c) preparation of guidelines and training programs to strengthen economic policy and analysis capacity in Ministries of Finance and policy and programming capacity in line ministries. (d) preparation of legislative and budgetary frameworks for establishment of sound External Audit institutions and for creation of effective Internal Audit functions. (e) preparation of training programs and materials for auditors in analysis , presentation and publication of audit findings. 2. The Grant shall be used to finance consultants ’ services required for the Activities. 3. IDA shall carry out the Activities on behalf of the Recipient. The Recipient shall cooperate with IDA to the extent necessary to permit IDA to carry out the Activities promptly and effectively, and to evaluate the results of the Activities. The Recipient shall indemnify IDA against any costs or liabilities incurred by IDA as a result of claims against IDA in connection with the Activities, except those resulting from the gross negligence or willful misconduct of its staff or external consultants. 4. The Activities shall be completed by not later than June 30, 2000, or such later date as IDA may establish by notice to the Recipient (the Closing Date). After the Closing Date, IDA may at any time cancel the remaining balance of the Grant. 5. The engagement and supervision of the consultants (the Consultants) required to assist in the carrying out of the Activities shall be the responsibility solely of IDA and shall be governed, except as otherwise decided by IDA, by the provisions of the Attachment to this Annex. 6. The Recipient shall be responsible for the payment of any taxes levied by, or in the territory of, the Recipient on the Consultants or any of the Consultants’ personnel (other than nationals or permanent residents thereof) in connection with the Activities. 7. The Recipient may at any time request IDA in writing to terminate the Activities. Whether or not the Recipient has made such a request, IDA may at any time suspend or, after consultation with the Recipient, terminate the right of the Recipient to receive Grant funds for the Activities if any of the following events has occurred and is continuing: (a) the Recipient has failed to perform any of its obligations under this Letter Agreement; or (b) the right of the Recipient, or any other entity to which the International Bank for Reconstruction and Development (the IBRD) has made a loan with the guarantee of the Recipient, to make withdrawals under any loan agreement with the IBRD or any development credit agreement with IDA shall have been suspended. 8. The Bank is not an agent of, or trustee for, the Recipient and shall not have any fiduciary relationship with the Recipient. The Recipient shall have no right to any portion of the Grant that is not expended by the Bank pursuant to this Letter Agreement. Attachment Consultants' Services 1. Consultants' services shall be procured in accordance with the relevant provisions of Statement 15.00 of the Bank's Administrative Manual, dated July 1997 (the Administrative Manual), the Introduction and Section IV of the "Guidelines: Selection and Employment of Consultants by World Bank Borrowers" published by the Bank in January 1997 and revised in September 1997 and January 1999 (the Consultant Guidelines) and the following provisions of this Attachment. 2. Services for strengthening public resource management and economic and sectoral policy and analysis capacity, and establishment of external and internal audit capacity may be procured on a single-source basis, as permitted under paragraphs 3.8 through 3.11 of the Consultant Guidelines. Page 3 3. Services for development of financial planning and control capacity and support for undertaking audits shall be procured under contracts awarded to individual consultants in accordance with the provisions, which are consistent with the provisions of the Administrative Manual, of paragraphs 5.1 through 5.3 of the Consultant Guidelines.