CT GRANT NUMBER D039-1V L GEF GRANT NUMBER TF0190 : Financing Agreement (MAURITYNIA West Africa Regional Fisheries Project under th4 West Africa Regional Fisheries Program) between ISLAMIC REPUBLIC OF MAURITANIA and INTERNATIONAL DEVELOPMENT ASSOCIATION Dated April 17,2015 GRANT NUMBER D039-N 1 GEF GRANT NUMBER TF0190!V FINANCING AGREEMENT AGREEMENT d ted April 17, 2015, entered into between the ISLAM C REPUBLIC OF MAU UTANIA ("Recipient") and the INTERNATIONP [ DEVELOPMENT ASSOC ATION ("Association"). WHEREAS (A): t ae Recipient and the Republic of GUINEA have agreed c participate in a the first phase of a program designed under series of projects ("Program' as further defined in the Aj ppendix to this Agreement) to sustainably increase the oven wealth generated by the exp oloitation of the marine fisheries resources of West Africa aic the proportion of that wealt. captured by West African countries, by: (i) strengthening the ii respective capacity to susta inably govern and manage their fisheries; (ii) reducing illeg .1 fishing; (iii) increasing the value and profitability generated by fish resources and tle proportion of that value captured by the respective countries; and (iv) ensuring tl e redistribution of the benefits derived from fishery resources to the national economy. (B) the Recipie it, having satisfied itself as to the feasibility and priority of tf i project ("Project", as descr bed in Schedule 1 hereto), has requested the Association 1:> assist in the financing of the Project; (C) the Internalional Bank for Reconstruction and Development ("Bank" , acting as Implementing Age ncy of the Global Environment Facility ("GEF"), shall exten 1 to the Recipient a grant in an amount not to exceed seven million United States Dollai ; (USD 7,000,000) ("GEF Gra nt") to assist the Recipient in financing part of the cost of th: Project on the terms and cotditions set forth in the grant agreement of even date herewit i entered into between the Re cipient and the Bank, acting as Implementiig Agency of th GEF ("GEF Trust Fund Gra it Agreement"); (D) Parts A.1(b and C.2 of the Project will be carried out by the Commissio. I Sous-R6gionale des Peches i"CSRP"), with the Recipient's assistance and, as part of suc. assistance, the Recipient wil [ make a portion of the proceeds of the Credit provided for i: i Article II of this Agreement ivailable to CSRP as set forth in this Agreement; and (E) WHEREAS the Association has also agreed, on the basis, inter alia, of th foregoing, to extend the cred it provided for in Article H of this Agreement to the Recipien upon the terms and conditior s set forth in this Agreement and in the Project Agreement o even date herewith between he Association and CSRP ("Project Agreement"); NOW THEREFORI the Recipient and the Association hereby agree as follows: -2- ARTIC LE I - GENERAL CONDITIONS; DEFINITIONS 1.01. The General Conditions (as defined in the Appendix to this Agreement) c i is I tute an integral p. irt of this Agreement. 1.02. Unless the context requires otherwise, the capitalized terms used in this Aj r,o aent have the me; anings ascribed to them in the General Conditions or in the ) pp adix to this Agret ment. ARTICLE H - FINANCING 2.01. The Associe tion agrees to extend to the Recipient, on the terms and cond ti s set forth or refirred to in this Agreement, a grant in an amount equivalen o ight million six hundred thousand Special Drawing Rights (SDR 8. 51' 000) ("Financing '), to assist in financing the project described in Schedule I i this Agreement "Project"). 2.02. The Recipit nt may withdraw the proceeds of the Financing in accords r with Section IV )f Schedule 2 to this Agreement. 2.03. The Maxir ium Commitment Charge Rate payable by the Recipiei t : 1 the Unwithdrai in Financing Balance shall be one-half of one percent (1/2 c .) per annum. 2.04. The Payme at Dates are August 1 and March I in each year. 2.05. The Paymc nt Currency is Dollar. ARTICLE III - PROJECT 3.01. The Recipient declares its commitment to the objective of the Proje..i1 id the Program. Fo this end, the Recipient shall: (i) carry out Parts A (except k 1 i)), B, and C.1 of the Project through the Ministire des Piches et tie 11 c nomie Maritime; and (ii) pursuant to the Subsidiary Grant Agreement, cause P i"t k. 1(b) and C.2 cf the Project to be carried out by CSRP, all in accordanc ., -th the provisions of Article IV of the General Conditions and the Project Agr :7v: mt. -3- 3.02. Without limitation upon the provisions of Section 3.01 of this Agreement, arl except as the Recif ient and the Association shall otherwise agree, the Recipie it shall ensure that th.- Project is carried out in accordance with the provisions < f Schedule 2 to this I.greement. ARTICLE IV - REMEDIES OF THE ASSOCIATION 4.01. The Additional Eve ats of Suspension consist of the following: (a) The CSR:' Treaty has been amended, suspended, abrogatei, supplement -d, replaced or waived so as to affect materially and adverse] , the ability )f CSRP to perform any of its obligations under the Projei t Agreement or to achieve the objective of the Project. (b) The Fisheries Legislation has been amended, suspended, abrogate(, repealed, supplemented, replaced or waived so as to render it i I contradiction with the Recipient's applicable international obligations ( i so as to (therwise affect materially and adversely the ability of tl.: Recipient or CSRP to perform any of its obligations under this Agreemei t or the Proj -ct Agreement, as the case may be, or to achieve the objectix: of the Proj -ct. ARTICLE V - EFFECTIVENESS; TERMINATION 5.01. The Additional Con litions of Effectiveness consist of the following: (a) The Subsidiary Grant Agreement, in form and substance satisfactory to th- Association,.has been executed on behalf of the Recipient and CSRP. (b) The Recipiont has adopted the Project Implementation Manual, in forn and substan -e satisfactory to the Association. 5.02. The Additional Leg. il Matter consists of the following, namely, that the Subsidiar,, Agreement has beei duly authorized or ratified by the Recipient and the Projet i: Implementing Entity and is legally binding upon the Recipient and the Projet : Implementing Entit, r in accordance with its terms. 5.03. The Effectiveness Deadline is the date one hundred and twenty (120) days aft r the date of this Agrcement. 5.04. For purposes of Section 8.05(b) of the General Conditions, the date on which th.: obligations of the R -cipient under this Agreement (other than those providing fc r payment obligation;) shall terminate is twenty (20) years after the date of th Agreement. -4- ARTICLE VI - REPRESENTATIVE; ADDRESSES 6.01. The R,-cipient's Representative is the Minister responsible for fina wc. 6.02. The R -cipient's Address is: Minis er of Economic Affairs and Development Minis ry of Economic Affairs and Development BP 238 Noual :chott Maun tania Facsim aile: 222-4 5-25-33-35 6.03. The Association's Address is: Inten ational Development Association 1818 H Street, N.W. Wastington, D.C. 20433 Unitt d States of America Cablo: Telex: Facsimile: INDEVAS 248423 (MCI) 1-202-477-6391 Wasi ngton, D.C. -5- AGREED at Washitgton DC, USA, as of the day and year first above written. ISI AMIC REPUBLIC OF M k>1ANIA By Authorized RepresentatiN Name: H.E. Sidi Ould TA1 I Title: Minister of Economic Affairs and Developme t INTERNATIONAL DEVELOPMENT ASSOCIATION By rized Representativ Name: Vera Songw Title: Country Director for Mauritani i -6- SCHEDULE 1 Project Description The obje tive of the Project is to strengthen the governance and ma: i 12 ment of targeted fisheries and improve the handling of landed catch at selected sites. The Proj ct consists of the following parts: Part A: !trengthening Good Governance and Sustainable Manage r of the Fisheries Building the institutional and human capacity to develop and impler :r policies and systems fcr environmentally sustainable, socially equitable and cii )mically profitable use of fishery resources, in particular: 1. Developing the legal and operational policy framework, and strenr 1 i ning the institutional capacity for sustainable management of fisheries resourc s, ,cluding: (a) revit:w of relevant national legal and regulatory framework; (I1) 1. SRP led monitor ng of initial activities to ensure harmonization of fisheries lc cies and regulatory frameworks with those of other countries under the Progn n i, acluding the recn itment and the coordination of the Independent Verifiers; (c a i cying out institutional reforms of the Ministry of Fisheries and Aquacultu v nd other relevant ministries, departments and agencies responsible : i: fisheries manage nent policies and functions; and (d) coordinating the implei i ii ation the fisherie: strategic vision. 2. Strengtl hening the vessel registration systems for accurate assessment a a. effective control f fishing capacity, including: (a) strengthening of the registr:L i i systems for vess -ls and boats in all segments, to allow for accurate assessment cf ie fishing capacit- within the EEZ; and (b) introducing access management 1. ir ugh tight control over the fishing capacity. 3. Introdu ing new fisheries management schemes in target fisheries, e ments, or commu nities to align fishing capacity and effort to sustainable cal :h levels, includi ig, implementing measures to regulate access to fish res ,ij es in the artisan .l and coastal segment as envisaged in the pertinent managi '.i; lan of the segmer t. 4. Strengi hening the system of fisheries-related data collection, co r p ation and manag..ment, including transparency in dissemination and c n ci unication, including: (a) establishing and operationalization of an economic pl I:i: -g unit for the fish Leries sector; and (b) strengthening the integration of the fist e:i1 s sector in the Ex ractive Industries Transparency Initiative. -7- 5. Carrying out a prof ram of activities to promote result-based approach in fisheri : management, including a system of incentives for identified institutions, units ai d individuals for achi,-vement of results under Parts A.2, A.3 and A.4 of the Projet r. through an eligible expenditure program (Eligible Expenditure Program). Part B: Increasing he Contribution of the Fish Resources to the Local Economa 1. Improving physica infrastructure to facilitate proper fish handling, includin': (a) carrying out a rmsettlement action plan for the fish market site; (b) fencing tt e perimeter of the proposed fish market site for security purposes; (c) carrying o t construction and s mitation works for the fish market; and (d) carrying oit construction of war -houses and administrative buildings associated with the fi,I market. 2. Carrying out manal ement plans and strengthening the capacity for fish handlin,,, including the devel,)ping a management plan and land use plan for landing. sit s (Tanit PK93m, PK '14 and N'Diago), and demarcation of boundaries of said site Part C: Project Managemen t, Monitoring and Evaluation, and Regional Coordination 1. Strengthening the capacity of the Project Implementation Unit for managemet ir and coordination ol project activities, monitoring and evaluation of the projec , communication of "roject activities, and fiduciary (procurement and financia ) management, and r ianagement of the social and environmental aspects of th. Project. 2. Strengthening the C SRP Regional Coordination Unit for effective coordination c F the Project activitie at the regional level. -8- SCHEDULE 2 Project Execution Section I. Implemental ion Arran2ements A. Institutional Arrang ements I. At the National Level 1 The Project Impleme itation Unit (a) The Recipiei nt, through the Ministere des Peches et de 1'Economie Maritime (M nistry of Fisheries and Maritime Economy), shall establish not later than one (1) month after Effective Date and maintain, throughout Project imple nentation the Project Implementation Unit (PIU) and within its structure, inder terms of reference satisfactory to the Association. The PIU shall be I Leaded by the Project Coordinator and shall be composed of, inter alia: (ii an environmental and social safeguard specialist; (ii) a monitoring a: id evaluation expert; (iii) a procurement specialist; (iv) an administrativ. and financial management specialist; and (v) an internal auditor, all with terms of reference, experience and qualifications satisfactory to the Association. The Recipient shall, not later than four (4) months aftei Effective Date, recruit the environmental and social safeguard spocialist referred to in paragraph (a)(i), in accordance with Section III.C :f Schedule 2 to this Agreement. (b) The PIU sha11 be responsible for day-to-day Project coordination and implementati m, including: (i) prepari ig proposed Annual Work Plans for inclusion in the Project, and ul dating the Procurement Plan and related budgets and consoli lated Project Reports; (ii) develop ing a communication and outreach strategy; (iii) establiEhing and maintaining of the Project management informa,tion system; (iv) carryin), out Project financial management; and (v) monito ing and evaluating the Project and preparing Project progres s reports and monitoring and evaluation reports for the meetings of the National Steering Committee. -9- 2. National Steering C )minittee (a) The Recipiont shall maintain throughout Project implementation, th! National Stc ering Committee with a composition, mandate, functions an4 resources satisfactory to the Association, as set forth in the Projec. Implementa ion Manual. (b) Without lim tation to Section I.A. 2(a) of immediately above, the Nationa Project Stee ing Committee shall be responsible for, inter alia: (i) reviev ing the proposed Annual Work Plans for the Project, as wel as rel ited budgets prepared by the PIU; (ii) oversc eing overall performance of the Project and providing polic guidar ce; and (iii) identifying necessary Project adjustments based on monitoring anc evalua ion results. H. At the Regional Leve 1 1. Regional Steering Committee (a) The Recipiei it shall: (i) at al times during the implementation of the Project, maintain high level representation and active participation in the Regional Stee ing Committee; and (ii) appc int to the Regional Project Steering Committee, and maintain, a rc presentative at the level of the Permanent Secretary responsible for fisheries or other senior official with sufficient deci. ion making authority from its designated Ministry responsible for fisheries. (b) Without limitation upon the provisions of Section I.A. 1(a) immediately above, the Regional Steering Committee shall be responsible for, inter alia: (i) revie wing activities proposed to be carried out by CSRP, and the relatod budgets; (ii) prov ding overall policy guidance on the Program; -10- (iii) developing mechanisms designed to strengthen the collaboralion of tht Participating Countries in respect of the Program; and (iv) ident fying necessary Program adjustments based on monitoring and e valuation results. 2. Regional Coordinatio a Unit The RCU shall be res )onsible for coordinating the implementation of CSRP's and the Participating Countries' activities, including facilitating the Participating Countries to: (a) access to high level exp(rtise to support fisheries policy, legal and regulatory and institutional reform process; (b) linkages to a regional fishing vessel register and dashboard; (c) exchange visits and study tours with other countries under the Program; and (d) ongoing fiduciary and moi itoring and evaluation. B. Project Implementa ion Manual 1. The Recipient shall carry out Parts A (except A.1(b)), B and C.1 of the Project in accordance with the provisions of the Project Implementation Manual, containing, inter alia, detailed an angements and procedures for: (a) institutional coordination and day-to-day exei ution of A (except A.1(b)), B and C.1 the Project; (b) procedures and guidelines for budgeting, disbursement and financial management; (c) procurement; (d) environmental and social safeguards requirements; (e) monitoring, evaluation, reporting and communication; and (f) such other admini, trative, financial, technical and organizational arrangements and procedures as sha .1 be required for A (except A. 1(b)), B and C. 1 of the Project. 2. The Recipient shall not amend, abrogate, waive or fail to enforce any provision of the Project Implemer tation Manual, without the prior written agreement of the Association; provide d, however, that in case of any conflict between the arrangements and prc cedures set out in any of said manual and the provisions of this Agreement, the p -ovisions of this Agreement shall prevail. C. Subsidiary Agreeme at (a) For the purpc ses of carrying out Parts A. 1 (b) and C.2 of the Project, the Recipient sha 11 make the proceeds of the Financing allocated from time to time to Categ )ry (3) available to CSRP on a grant basis under a subsidiary grant agreemcnt to be entered into between the Recipient and CSRP, under terms and :onditions approved by the Association ("Subsidiary Agreement"). (b) The Recipien: shall exercise its rights and carry out its obligations under the Subsidiar, Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the -11- Financing. except as the Association shall otherwise agree, the Recipien. shall not as, ign, amend, abrogate or waive the Subsidiary Agreement o any of its pr )visions. D. Anti-Corruption The Recipient shall ensure that the Project is carried out in accordance with th< provisions of the An i-Corruption Guidelines. E. Annual Work Plan: 1 . The Recipient shall prepare, under terms of reference satisfactory to the Association, and fur aish to the Association not later than November 30 in eact calendar year, for Ithe Association's consideration, a proposed work plan ol activities to be inclu(.ed in the Project for the following calendar year, such plan tc include an implementation schedule and budget and financing plan therefor. 2. The Recipient shall z fford the Association a reasonable opportunity to review and exchange views with the Recipient on such proposed plan. 3. Specific Allocation of Fishing Rights Covenant The Recipient shall, in a manner satisfactory to the Association, within thirty six (36) months after the Effective Date, ensure equitable allocation of fishing rights in the octopus indust y to respective qualified applicants. For the purpose of t his Section I.E.3, the term "equitable allocation of fishing rights" refers to the allocation of fishing rights that ensures the inclusion of existing participants and pro.ects the interests of vulnerable population in the fishing industry, in particular smaller players in the artisanal segment. F. Environmental and Social Safeguards 1 . The Recipient shall er sure that Part B of the Project is implemented in accordance with the Environment, 1 and Social Impact Assessment (ESIA) and the Resettlement Action Plan (RAP), ir a manner satisfactory to the Association, and the Recipient shall not amend or wq ive any provision of the aforementioned documents without the prior written agree nent of the Association. 2. Without limitation upon its other reporting obligations under this Agreement, the Recipient shall collec t, compile and furnish to the Association on a quarterly basis reports on the status of compliance with the ESIA and the RAP, giving details of: (a) measures tak n in furtherance of the ESIA and the RAP; -12- (b) conditions, if any, which interfere or threaten to interfere with the smooth implementation of the ESIA and the RAP; and (c) remedial me isures taken or required to be taken to address such conditions. 3. The Recipient shall p -omptly take all remedial measures referred to in paragraph 2 of this Section as sh all have been agreed by the Association. 4. The Recipient shall: (i) implement measures satisfactory to the Association to minimize and mitigate adverse social impacts, if any, especially those affecting poor and vulnerable g -oups, in accordance with the social assessment of the impact of the Project on the management of its fisheries resources, and (ii) adequately monitor and evaluate the carrying out of said measures in the implementation of the Project and mair tain the Association suitably and timely informed of the progress thereon, incl iding by means of information to be included in the quarterly reports referred to in paragraph 2 of this Section E. 5. Specific Covenants f >r Implementation of the RAP Without limitation to the provisions of Section I.E.1 and 2 above, the Recipient shall: (a) ensure appro-riate compensation, and other compensatory measures as may be neces:;ary, resettlement and rehabilitation of such Affected Persons in accordancc with the RAP; (b) not later than ne year after completion of the implementation of the RAP, conduct and submit an audit by an independent qualified resettlement expert to mc nitor the outcomes of the RAP, including a survey and consultation with Affected Persons, and which audit shall also recommend necessary act.ons to address shortcomings in the implementation of said RAP; (c) not later that six months prior to commencement of any works at the Marchi aux Poissons de Nouakchott: (a) open and maintain a Project account (Res:ttlement Project Account) in a commercial bank on terms and conditio is satisfactory to the Association, including appropriate protection ag tinst set-off, seizure or attachment; (b) make payments for the implemer tation of the RAP, out of the Resettlement Project Account in accordanc with the format and modality agreed upon with the Association, ind in accordance with the guidelines established in the RAP; and (c) ensurt that funds deposited into the Resettlement Project Account shall be exch sively used to finance payments of compensation made, or -13- to be made to the Affected Persons, or resettlement assistance to sait Affected Pe- sons; and (d) ensure effec ive and adequate oversight of the day-to-day implementatior of the RA3, adequate staffing and resources to ensure effectiv< implementaion, monitoring and supervision of the RAP. Section H. Project Moi titoring, Reporting and Evaluation A. Project Reports The Recipient shall nonitor and evaluate the progress of the Project and preparc Project Reports in a cordance with the provisions of Section 4.08 of the General Conditions and on the basis of the acceptable to the Association. Each Project Report shall cover th - period of six calendar months, and shall be furnished to the Association not later than forty five (45) days after the end of the period covered by such report. B. Financial Management, Financial Reports and Audits 1 . The Recipient shall naintain or cause to be maintained a financial management system in accordan -e with the provisions of Section 4.09 of the General Conditions. 2. The Recipient shall prepare and furnish to the Association not later than forty five (45) days after the end of each calendar quarter, interim unaudited financial reports for the Project cover ing the quarter, in form and substance satisfactory to the Association. 3. The Recipient shall I ave its Financial Statements audited in accordance with the provisions of Sectio i 4.09(b) of the General Conditions. Each audit of the Financial Statements shall cover the period of one fiscal year of the Recipient, commencing with the fiscal year in which the first withdrawal was made under the Preparation Advance for the Project. The audited Financial Statements for each such period shall be fi rnished to the Association not later than six months after the end of such period. 4. Specific Financial llanagement Covenants The Recipient shall, not later than four (4) months after the Effective Date: (a) appoint an internz auditor in accordance with Section Il.C of Schedule 2 to this Agreement, to carry out ex post reviews of the Project transactions; and (b) appoint an exterm I auditor for the Project in accordance with Section L.C of Schedule to this Agre -ment. -14- C. External Controls for Part A.5 of the Project 1 Independent Verific: ition (a) The Recipient shall, not later than three (3) months after the Effective Date, cause C SRP to appoint external monitoring and evaluation experts ("Independen: Verifiers"), to act as third-party verifiers of the proper fulfillment of the DLIs set forth in Schedule 3 to this Agreement. (b) The Recipien shall cause the Independent Verifiers to carry out, prior to each Withdra wal, an assessment of the level of fulfillment of DLIs set forth in Schelule 3 to this Agreement, and provide to the Recipient and the Associatic n, an Independent Verification Report containing, inter alia, said assessme nt on the fulfillment of the pertinent DLIs and a proposal for disbursement under each Withdrawal. 2. Independent Verification Reports (a) The Recipier t shall cause the Independent Verifiers to furnish to the Association c very calendar year starting ten months after the Effective Date, regular reports ("Independent Verification Reports") prepared in accordance with the provisions of the Project Implementation Manual. (b) The Recipien shall furnish to the Association every calendar year starting ten months a fter the Effective Date, report describing the status of all procurement ictivities under Part A.5 of the Project as described in the Procurement lan, as well as expected changes to the Procurement Plan. (c) The EEPs sha 11 comply with the eligibility criteria and procedures set forth in the Project Implementation Manual. (d) If, at any time, the Association determines that any portion of the financing under the Project: (i) was used for items improperly procured in violation of Section III of this Schedule; (ii) was not used for Eligible Expenditures; or, (iii) in case of the EEPs for Part A.5 of the Project, was not supported by evidence of actual spending by the Recipient under said EEPs and/or by evidence < f satisfaction of other criteria set forth in this Agreement or in the Project Implementation Manual, the Recipient shall refund any such portion to the Association as the Association shall specify by notice to the Recipient. -15- Section III. Procurem -nt A. General 1. Goods, Works ai id Non-consulting Services. All goods, works and no consulting services required for the Project and to be financed out of the procee 5 of the Financing sh ill be procured in accordance with the requirements set forth ii referred to in Sectiin I of the Procurement Guidelines, and with the provisions 'I this Section. 2. Consultants' Serv ces. All consultants' services required for the Project and a be financed out of i he proceeds of the Financing shall be procured in accordanc with the requiremer ts set forth or referred to in Sections I and IV of the Cons ultai t Guidelines, and wit i the provisions of this Section. 3. Definitions. The ca pitalized terms used below in this Section to describe part icul- r procurement methc ds or methods of review by the Association of particul .r contracts, refer to tl e corresponding method described in Sections II and Inl of tl., Procurement Guide! ines, or Sections I, III, IV and V of the Consultant Guideline;, as the case may be. B. Particular Methoc s of Procurement of Goods, Works and Non-consultin Services 1 . International Competitive Bidding. Except as otherwise provided in paragrap 2 below, goods, works and non-consulting services shall be procured undc contracts awarded o -i the basis of International Competitive Bidding. 2. Other Methods of Procurement of Goods, Works and Non-consultin: Services. The follo wing methods, other than International Competitive Bidding, may be used for pr curement of goods, works and non-consulting services fo those contracts spe,-ified in the Procurement Plan: (a) National Competitiv Bidding, subject to t ie procedures set forth under paragraph 3 immediately below (b) Shopping; and (c) Direct Contracting. 3. National Competiti fe Bidding may be used as set forth in paragraph 2(a immediately above, ;ubject to the following provisions: (a) Each biddin)r document and contract financed out of the proceeds of th, Financing o - funded from the funds pooled in Project Account A shal provide thi t: (a) the bidders, suppliers, contractors and thei subcontract( rs, agents, personnel, consultants, service providers, o suppliers sl all permit the Association, at its request, to inspect al accounts, re-.ords and other documents relating to the submission of bid: and contract performance, and to have said accounts and records auditec -16- by auditors appointed by the Association; and (b) the de i:n: ate and t -iaterial violation of such provision may amount to an obstruc i : practice as defined in paragraph 1.1 6(a)(v) of the Procurement Guidel r ot (b) I ligible bidders, including foreign bidders, shall be allowed tc a i icipate. (c) I'o domestic preference shall be given to domestic contra( Ioc and to d mestically manufactured goods. (d) Bidders shall be given adequate response time (at least fou: i eks) to si bmit bids from the date of the invitation to bid or the date of '. lability o:'bidding documents, whichever is later. (e) If bidders are authorized to submit an alternative bid with or w to it a bid for the base case, the bids offered for alternatives meeting th.: s: zcified re luirements shall be evaluated on their own merits. (f) Bi Is are awarded to the bidder with the lowest bid evaluated 1 r :r n this bidder is qualified. (g) If t he bid resulting in the lowest evaluated bid price appears to b i iously un alanced or front-loaded in the opinion of the Employer, the E i: >loyer mz y require that the amount of the performance security be in:: e sed at the expense of the Bidder at a level sufficient to protect the Fni >Ioyer agi inst financial loss in the event of defaults of the successi .i tidder under the Contract. (h) Prc visions related to the use of merit point shall not apply. (i) Less than three bids submitted shall not be considered as a reas . ir re- bid ling. (j) Tht evaluated lowest Bidder shall be authorized to :i plete adn inistrative statement proof. (k) The lack of anonymity of any offer shall not be a reason for rej .uti n of the ffer. (1) A n,-wly created firm shall not qualify based on the experien : - f its man Egement staff. (m) The evaluation committee should not include any Tender Cc i it i ittee Men ber. -17- C. Particular Methods f Procurement of Consultants' Services 1. Quality- and Cost-b ised Selection. Except as otherwise provided in paragraph 2 below, consultants' st rvices shall be procured under contracts awarded on the basis of Quality and Cost-b ased Selection. 2. Other Methods of Procurement of Consultants' Services. The following methods, other thar Quality and Cost-based Selection, may be used for procurement of consultants' services for those contracts which are specified in the Procurement Plan: a) Quality-based Selection; (b) Selection under a Fixed Budget; (c) Least Cost Selection; (d) Selection based on Consultants' Qualifications; (e) Si igle-source Selection of consulting firms; (f) Procedures set forth in paragraphs 5 2 and 5.3 of the Consultant Guidelines for the Selection of Individual Consultan.s; and (g) Single-source procedures for the Selection of Individual Consultant 3. D. Review by the Association of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Association's Prior R,.view. All other contracts shall be subject to Post Review by the Association. Section IV. Withdrawal Af the Proceeds of the Financing A. General 1. The Recipient may withdraw the proceeds of the Financing in accordance with the provisions of Article I [ of the General Conditions, this Section, and such additional instructions as the As ;ociation shall specify by notice to the Recipient (including the "World Bank Di 3bursement Guidelines for Projects" dated May 2006, as revised from time to time by the Association and as made applicable to this Agreement pursuant t such instructions), to finance Eligible Expenditures as set forth in the table in pz ragraph 2 below. 2. The following table s >ecifies the categories of Eligible Expenditures that may be financed out of the pr :ceeds of the Financing ("Category"), the allocations of the amounts of the Grant to each Category, and the percentage of expenditures to be financed for Eligible expenditures in each Category: -18- Category Amount of the Percentage of Grant Allocated Expenditures to be (expressed in SDR Financed (inclusive of Taxes) (1) Goods, works, ncn- 10% consulting services, consultants' services, 500,000 Operating Costs and 'raining for Parts A (except A 1(b)) and A.5) of the Project (2) Goods, works, n n- 6,570,000 99% consulting services, consultants' services, Operating Costs and 'raining for Parts B and C.1 P -oject (3) Goods, works, no 1- 450,000 75% consulting services, consultants' services, Operating Costs and 'raining for Parts A.1(b) and C.2 of the Project (4) Eligible Expendilure 230,000 32% of DLI values Program under Part P.5 of the for the pertinent Project for scheduled DLI Project Year disbursement set forth in the DLI Table (5) Refund of P -eparation 850,000 Amount payable Advance pursuant to Section 2.07 of the General Conditions TOTAL AMOUNT 8,600,000 For the purpose of the table set forth immediately above, the term "Operating Costs" means the incremental expenses incurred on account of Project implementation, based on the Annual Work Pl; ins approved by the Association pursuant to Section I.E.2 of Schedule 2 to this Agreement, including office equipment and supplies, vehicle operation -19- and maintenance, communication costs, office administration costs, utilities, travel andr diem, excluding the salarie. of the Recipient's civil servants. B. Withdrawal Conditions; Withdrawal Period 1. Notwithstanding tl e provisions of Part A of this Section, no withdrawal shall it made: (a) for paymer ts made prior to the date of this Agreement; or (b) for any scl Leduled DLI payment under Category 4 unless the Recipie Li shall have: i. sut mitted to the Association, in form and substance satisfactol to the Association, the applicable Customized Statement ,f Expenditure, and an Independent Verification Report for tle per inent Project Year, detailing the expenditures incurred und-!r the EEP up to the date on which the withdrawal application sha 1 be ;ubmitted; and ii. by to later than forty-five (45) days after the end of the pertinei t Pro ject Year, furnished evidence satisfactory to the Association ( f the achievement of all five (5) DLIs for the actions to be achieve .1 in t [he third Project Year, which actions are set forth in the DI I Tat le. 2. Notwithstanding th. provisions of Section IV.B.1(b) of this Schedule :2, n.> installment paymeni s shall be made under Category 4 unless, evidence satisfactor,, to the Association i has been furnished to the Association that the Recipient h ; achieved all but one DLI under the preceding Project Year, and that due t i unavoidable circum;tance beyond the control of the Recipient, the pending DL [ was/were no longer achievable by its/their due date(s) and/or by the Closing Dat( . 3. In the event that the Association has withheld, or is entitled to withhold, part of th. Financing pursuant .0 paragraph 2 of this Section IV.B.2, the Association may, E I its sole discretion, a uthorize, at a later date, the full release of the amount(s) s : withheld, if and when the Association is satisfied that the respective target DLI(s I has/have been achie ied. 4. The Closing Date is December 15, 2020. -20- SCHEDULE 3 Disbursement Linked Indicators (DLIs) DLI 1: Number of Reliablo fisheries management data regularly available (IR Indic :C 1.1) Year 1 Year 2 Year 3 Year 4 Year 5 7o al (SDR) 6 out of li 7 out of 13 10 out of 13 12 out of 13 13 out of 13 N/A variables a -e variables are variables are variables are variables are made made made made made available available available available available DLI Value 3,750 3,750 11,250 7,500 3,750 ;0,000 (SDR) I I I The achiev,-ment of the DLI target will be measured by assessing the de j e. of reliable fish teries data that are made available. The fisheri,.s variables that will be made available include: 1. Li: t of valid fishing licenses from all segments (monthly) 2. List of infractions in artisanal and coastal segments (annually) 3. List of infractions in industrial segment (monthly) 4. Fecs from licenses (every trimester) 5. Fecs collected under fishing agreements (annually) 6. Fecs from infractions (annually) Description of 7. Est imate of octopus catch potential in the EEZ (metric ton estirr ie (annual) Achievement 8. Fis ing effort, in thousands of hours of industrial fleets (by cate 'r of ves sels) (annual) 9. Vo Lume in tons of fish production (pelagic, demersal cephalopo. I A cru staceans) (annual) 10. FOB value of frozen fish exports in thousands of US dollars (cu rii prices), by segment (artisanal and coastal) (annual) 11. FOB price of octopus exports in US dollars per ton (monthly) 12. Va ue of public and private investments made in the fisheries se :1: (in US do] lars) (annual) 13. Nu -nber of shipyard approved by the State serving fisheries unit; i nual) The DLI is not scalable. -21- Verificatioi. Entity: The achievement of DLIs will be verified on an ann ii I asis by the Indepen dent Verifiers referred to in Section H.C. 1 of Schedule 2 to t ; Agreement. Data sourc(: The independent entity will verify the achievement of this )U by Verification reviewing t ie annual report of the Comit Restreint sur les Statistiques ( e ' che Protocol (CRSP) to .ssess whether the fisheries data was made available. Procedure: rhe methodology used to assess the data availability is a sim e ount of the number of the 13 variables that are made available. DLI 2: Share of fisheries n ianagement data published regularly and made publicly c sible (PDO Indicator 1) Year Year 1 Year 2 Year 3 Year 4 Year 5 1 tal (SDR) 16% of 33% of 50% of 66% of 83% of N/A fisheries fisheries fisheries fisheries fisheries managemei Lt management management management management data data data data data Target published published published published published regularly regularly regularly regularly regularly and made and made and made and made and made publicly publicly publicly publicly publicly accessible accessible accessible accessible accessible DLI Value 10,000 10,000 10,000 10,000 10,000 50,000 (S D R ) a c h i v m e n otlrf i The achievment of the DL target will be measured by the degree of f - -I as manageme it data that are made publicly accessible so as to improve trai i r 1ency in the governance of fisheries. Six variabl.s constitute the fisheries management data that are expected to ie made publicly ac:essible: Description of 1. Li t of valid fishing licenses from all segments (monthly) Achievement 2. Li, t of infractions in artisanal and coastal segments (annually) 3. Li, t of infractions in industrial segment (monthly) 4. Fe,.s from licenses (every trimester) 5. Fe,-s collected under fishing agreements (annually) 6. Fe:s from infractions (annually) The DLI is not scalable. -22- Verification Entity: The achievement of DLIs will be verified on an anni z 1 I asis by the Independer t Verifiers referred to in Section II.C. 1 of Schedule 2 to this :11 ement. Data source : The website of the government agency responsible for fishi r e: managemei Lt. Verification Protocol Procedure: rhe methodology to compute the target value is as follows: ( Z I dation by division of -umber of accessible fisheries management variables in annL :i j uivalent by defined tot, I number of variables (6) x 100. For example, each monthly I. t, will be recorded b3 1/12. If this variable is published monthly during the year,: Is due will be 1. If this va -iable is published regularly for 6 months, its value will be 0.:; DLI 3: Number of fishing 7essels operating in the exclusive economic zones should n il: iceed the ceiling established for eact segment (PDO Indicator 3) Year Year 1 Year 2 Year 3 Year 4 Year 5 I7 tal (SDR) "Yes": "Yes": "Yes": "Yes": "Yes": N/A number docs number number number number not excee. does not does not does not does not ceiling of exceed exceed exceed exceed 7,661 ceiling of ceiling of ceiling of ceiling of artisanal 7,661 7,661 7,661 7,661 Target vessels, 261 artisanal artisanal artisanal artisanal coastal vessels, 261 vessels, 261 vessels, 261 vessels, 261 vessels, an i coastal coastal coastal coastal 245 vessels, and vessels, and vessels, and vessels, and industrial 245 245 245 245 vessels industrial industrial industrial industrial vessels vessels vessels vessels DLI Value 12,000 12,000 12,000 12,000 12,000 60,000 (SDR) I _ I _ I_ I This is a pr >xy measure of the fishing capacity with the intent that the n r it ir of vessels should not ncrease so as to curb the trend of resource degradation. In the indu, trial segment, the number of vessel is measured with referen, e t: the Description of number of :ishing licenses in annual equivalent. In the artisanal segmen , ti- number of Achievement vessels will be calculated based on the number of registered boats arid it ii Ic ides the dormant ca )acity. The numbe - of fishing vessels includes foreign vessels. -23- The indic itor will be considered achieved (= "Yes") if the fleet siZe is tc below the following values: * 7 661 artisanal vessels and 261 coastal vessels as indicated in li agistry of the L irection de la Piche Artisanale et Ctidre (DPAC), and * 2.t5 industrial vessels as indicated in the registry of the Direct, ,i e la Piche Ii dustrielle (DPI). The DLI is not scalable. Verificati m Entity: The achievement of DLIs will be verified on an ar :mi.t basis by the Independi:nt Verifiers referred to in Section II.C. 1 of Schedule 2 to thi . A reement. Data sour -e: For artisanal vessels and coastal vessels, the information :ir >e verified in Verification the registi y of the Direction de la Piche Artisanale et C6tijre (DPAC, u I for Protocol industrial vessels, the information can be verified in the registry of the D 'i ction de la Pgche Inc ustrielle (DPI). Procedur : The indicator will be considered achieved (= "Yes") if the 1!( capacity is at or below 7,661 artisanal vessels, 261 coastal vessels, and 245 industri I v ,sels. DLI 4: Share of fishing v -ssels registered (IR Indicator 1.2) Year Year 1 Year 2 Year 3 Year 4 Year 5 'otal.(SDR) 100% of 100% of 100% of 100% of 100% of N/A Industria l, Industrial, Industrial, Industrial, Industrial, 60%of 70%of 80%of 85%of 90%of Coastal, Lnd Coastal, and Coastal, and Coastal, and Coastal, and Target 0% of 0% of 25% of 50% of 90% of Artisan d Artisanal Artisanal Artisanal Artisanal fleet i, fleet is fleet is fleet is fleet is register'd registered registered registered registered DLI Value 6,000 6,000 6,000 6,000 6,000 30,000 (SDR) ____ I -- L The achic vement of the DLI target will be measured by verifying the 1 es: ntage of registerec vessels in industrial, coastal and artisanal segments of the fi lli 4 fleet. Description of Although the artisanal and coastal vessels are already registered, Mau itL a will Achievement develop z new secured registration system with an unforgeable identif cil n device. The DLI .s not scalable. -24- Verificatio:i Entity: The achievement of DLIs will be verified on an ann i, 1 asis by the Independet t Verifiers referred to in Section II.C.1 of Schedule 2 to Ihis k :ement. Data sourco: There are two sources for data verification. The first is locz I tc it the Direction c e 1'Aminagement et de la Recherche Oceanographique (DA ! which Verification manages th - registry information for both DPI (for the industrial segmer i id DPAC Protocol (for the co stal and artisanal segments). The second is located at the Dir ' )rks and Non-con sulting Services under IBRD Loans and IDA Credits and G z r by World Bank Borrowers" dated January 2011 (revised July 2014). 21. "Procurement Plan" means the Recipient's procurement plan for the Proje :1,: ited February 6, 2015 and referred to in paragraph 1.18 of the Procurement Gt . I ines and paragrap 11.25 of the Consultant Guidelines, as the same shall be upda i:1: om time to time: n accordance with the provisions of said paragraphs. 22. "Program" n eans the West Africa Regional Fisheries Program of th4 C RP member countries endorsed by the Conference of Ministers of Fisherie o I the member stati s of the CSRP, the Republic of Ghana and the Republic of L il ria, on October 2 5 - 27, 2007 and December 5, 2008, and set forth in the mi:i it i of the respectiv meetings of said Conference. 23. "Project Implementing Entity" means the CSRP. 24. "Project Imp ementation Manual" or "PIM" means the manual adoptec : the Recipient pm suant to Section 5.01 (b) to this Agreement and referred to in S ion I.B. 1 of Sche iule 2 to this Agreement. 25. "Project Imp*ementing Unit" or "PR' means the implementing unit est li !ied within the Recipient's Minist re des P&hes et de l'Economie M2riti:v 'And referred to in Section I.A.I. 1 in Schedule 2 to this Agreement. 26. "Project Yea " means a period of twelve (12) calendar months, the fi s ich Project Year commencing on the Effective Date and ending twelve le i dar months after ,uch date. 27. "Resettlemen: Action Plan" or "RAP" means the resettlement plai c ted November 2014, and disclosed in country on December 8, 2014, anc r the Association's InfoShop on December 4, 2014, for the resettlement of / 1 c ted Persons in the area around the Marchi aux Poissons de Nouakchott in the 1. r ory of the Recipicnt. 28. "Regional C(ordination Unit" means the unit referred to in Section I.A .1 of Schedule 2 to this Agreement. 29. "Regional O erational Manual" means the "CSRP" manual for Parts A. 1 [b)) md C.2 of the P oject referred to in Section I.C of the Schedule 2 to the [': ect -29- Agreement, as the same may be amended from time to time with prior writtei agreement of the As ociation. 30. "Regional Annual Work Plans and Budgets" means the CSRP annual work plan, for Parts A. 1(b) and 2.2 of the Project approved by the Association in accordanc( with the provisions of Section I.D of the Schedule to the Project Agreement; an( "Regional Annual HX ork Plan" means any of the Regional Annual Work Plans. 31. "Subsidiary Agreem nt" means the agreement referred to in Section 5.01(a) anc Section I.C of Sched ile 2 to this Agreement pursuant to which the Recipient shall make part of the pro,.eeds of the Financing available to the Project Implementing Entity. 32. "UNCLOS" means t le United Nations Convention on the Law of the Sea, United Nations Convention )n the Law of the Sea, December 10, 1982 as ratified by the Recipient.