Page 1 CONFORMED COPY CREDIT NUMBER 3007 AM Development Credit Agreement (Education Financing and Management Reform Project) between REPUBLIC OF ARMENIA and INTERNATIONAL DEVELOPMENT ASSOCIATION Dated February 4, 1998 CREDIT NUMBER 3007 AM DEVELOPMENT CREDIT AGREEMENT AGREEMENT, dated February 4, 1998, between REPUBLIC OF ARMENIA (the Borrower) and the INTERNATIONAL DEVELOPMENT ASSOCIATION (the Association). WHEREAS (A) the Borrower, having satisfied itself as to the feasibility and priority of the Project described in Schedule 2 to this Agreement, has requested the Association to assist in the financing of the Project; and (B) in order to assist in the financing of the Project, the Borrower: (i) has obtained from the United Nations Development Program (UNDP) a grant (the UNDP Grant) in an amount equivalent to $500,000 on the terms and conditions set forth in the agreement between the Borrower and UNDP (the UNDP Grant Agreement) dated June 30, 1997; and (ii) has obtained from the United Nations Children’s Fund (UNICEF) a grant (the UNICEF Grant) in an amount equivalent to $75,000 on the terms and conditions set forth in the agreement between the Borrower and UNICEF (the UNICEF Grant Agreement) dated June 30, 1997. WHEREAS the Association has agreed, on the basis, inter alia, of the foregoing, to extend the Credit to the Borrower upon the terms and conditions set forth in this Agreement; NOW THEREFORE the parties hereto hereby agree as follows: Page 2 ARTICLE I General Conditions; Definitions Section 1.01. The "General Conditions Applicable to Development Credit Agreements" of the Association, dated January 1, 1985, with the modifications set forth below (the General Conditions) constitute an integral part of this Agreement: (a) The last sentence of Section 3.02 is deleted. (b) The second sentence of Section 5.01 is modified to read: "Except as the Association and the Borrower shall otherwise agree, no withdrawals shall be made: (a) on account of expenditures in the territories of any country which is not a member of the Bank or for goods produced in, or services supplied from, such territories; or (b) for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Association, is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations." (c) Section 6.03 is modified to read: "Section 6.03. Cancellation by the Association. If (a) the right of the Borrower to make withdrawals from the Credit Account shall have been suspended with respect to any amount of the Credit for a continuous period of thirty (30) days, or (b) at any time, the Association determines, after consultation with the Borrower, that an amount of the Credit will not be required to finance the Project’s costs to be financed out of the proceeds of the Credit, or (c) at any time, the Association determines, with respect to any contract to be financed out of the proceeds of the Credit, that corrupt or fraudulent practices were engaged in by representatives of the Borrower or of a beneficiary of the Credit during the procurement or the execution of such contract, without the Borrower having taken timely and appropriate action satisfactory to the Association to remedy the situation, and establishes the amount of expenditures in respect of such contract which would otherwise have been eligible for financing out of the proceeds of the Credit, or (d) at any time, the Association determines that the procurement of any contract to be financed out of the proceeds of the Credit is inconsistent with the procedures set forth or referred to in the Development Credit Agreement and establishes the amount of expenditures in respect of such contract which would otherwise have been eligible for financing out of the proceeds of the Credit, or (e) after the Closing Date, an amount of the Credit shall remain unwithdrawn from the Credit Account, the Association may, by notice to the Borrower, terminate the right of the Borrower to make withdrawals with respect to such amount. Upon the giving of such notice, such amount of the Credit shall be canceled." Section 1.02. Unless the context otherwise requires, the several terms defined in the General Conditions and in the Preamble to this Agreement have the respective meanings therein set forth and the following additional terms have the following meanings: (a) "Microproject" means a specific school project, under SIP (as hereinafter defined), selected and approved in accordance with the eligibility criteria and procedures set forth in the Operational Manual (as hereinafter defined) and eligible for financing under Part B.3 of the Project; (b) "MOES" means the Borrower’s Ministry of Education and Science; (c) "Operational Manual" means the manual for SIP (as hereinafter Page 3 defined) defining, inter alia, eligibility criteria and appraisal, approval and supervision rules and procedures for Microprojects to be financed under Part B.3 of the Project, as the same may be amended from time to time upon the agreement with the Association; (d) "PMU" means Project Management Unit established within MOES; (e) "Project Account" means the account referred to in Section 3.01(c) of this Agreement; (f) "Project Preparation Advance" means the project preparation advance granted by the Association to the Borrower pursuant to an exchange of letters dated December 9, 1996 and January 7, 1997, between the Borrower and the Association; (g) "SIP" means School Improvement Program to be financed from the proceeds of the Credit under Part B.3 of the Project; (h) "Special Account" means the account referred to in Section 2.02 (b) of this Agreement; and (i) "Textbook Fund" means the fund established pursuant to its Charter registered by the Borrower’s Ministry of Justice on August 29, 1997 (Registration Certificate No. 267). ARTICLE II The Credit Section 2.01. The Association agrees to lend to the Borrower, on the terms and conditions set forth or referred to in the Development Credit Agreement, an amount in various currencies equivalent to eleven million one hundred thousand Special Drawing Rights (SDR 11,100,000). Section 2.02. (a) The amount of the Credit may be withdrawn from the Credit Account in accordance with the provisions of Schedule 1 to this Agreement for expenditures made (or, if the Association shall so agree, to be made) in respect of the reasonable cost of goods, works and services required for the Project described in Schedule 2 to this Agreement and to be financed out of the proceeds of the Credit. (b) The Borrower may, for the purposes of the Project, open and maintain in Dollars a special deposit account in a commercial bank on terms and conditions satisfactory to the Association including appropriate protection against set-off, seizure and attachment. Deposits into, and payments out of, the Special Account shall be made in accordance with the provisions of Schedule 5 to this Agreement. (c) Promptly after the Effective Date, the Association shall, on behalf of the Borrower, withdraw from the Credit Account and pay to itself the amount required to repay the principal amount of the Project Preparation Advance withdrawn and outstanding as of such date and to pay all unpaid charges thereon. The unwithdrawn balance of the authorized amount of the Project Preparation Advance shall thereupon be canceled. Section 2.03. The Closing Date shall be June 30, 2002, or such later date as the Association shall establish. The Association shall promptly notify the Borrower of such later date. Section 2.04. (a) The Borrower shall pay to the Association a commitment charge on the principal amount of the Credit not withdrawn from time to time at a rate to be set by the Association as of June 30 of each year, but not to exceed the rate of one-half of one percent (1/2 of 1%) per annum. Page 4 (b) The commitment charge shall accrue: (i) from the date sixty (60) days after the date of this Agreement (the accrual date) to the respective dates on which amounts shall be withdrawn by the Borrower from the Credit Account or canceled; and (ii) at the rate set as of the June 30 immediately preceding the accrual date and at such other rates as may be set from time to time thereafter pursuant to paragraph (a) above. The rate set as of June 30 in each year shall be applied from the next date in that year specified in Section 2.06 of this Agreement. (c) The commitment charge shall be paid: (i) at such places as the Association shall reasonably request; (ii) without restrictions of any kind imposed by, or in the territory of, the Borrower; and (iii) in the currency specified in this Agreement for the purposes of Section 4.02 of the General Conditions or in such other eligible currency or currencies as may from time to time be designated or selected pursuant to the provisions of that Section. Section 2.05. The Borrower shall pay to the Association a service charge at the rate of three-fourths of one percent (3/4 of 1%) per annum on the principal amount of the Credit withdrawn and outstanding from time to time. Section 2.06. Commitment charges and service charges shall be payable semiannually on June 15 and December 15 in each year. Section 2.07. (a) Subject to paragraphs (b), (c) and (d) below, the Borrower shall repay the principal amount of the Credit in semiannual installments payable on each June 15 and December 15 commencing December 15, 2007 and ending June 15, 2032. Each installment to and including the installment payable on June 15, 2017 shall be one and one-fourth percent (1-1/4%) of such principal amount, and each installment thereafter shall be two and one-half percent (2-1/2%) of such principal amount. (b) Whenever (i) the Borrower's per capita gross national product (GNP), as determined by the Association, shall have exceeded for three (3) consecutive years the level established annually by the Association for determining eligibility to access the Association's resources; and (ii) the Bank shall consider the Borrower creditworthy for Bank lending, the Association may, subsequent to the review and approval thereof by the Executive Directors of the Association and after due consideration by them of the development of the Borrower's economy, modify the repayment of installments under paragraph (a) above by: (A) requiring the Borrower to repay twice the amount of each such installment not yet due until the principal amount of the Credit shall have been repaid; and (B) requiring the Borrower to commence repayment of the principal amount of the Credit as of the first semiannual payment date referred to in paragraph (a) above falling six (6) months or more after the date on which the Association notifies the Borrower that the events set out in this paragraph (b) have occurred, provided, however, that there shall be a grace period of a minimum of five (5) years on such repayment of principal. (c) If so requested by the Borrower, the Association may revise the modification referred to in paragraph (b) above to include, in lieu of some or all of the increase in the amounts of such installments, the payment of interest at an annual rate agreed with the Association on the principal amount of the Credit withdrawn and outstanding from time to time, provided that, in the judgment of the Association, such revision shall not change the grant element obtained under the above-mentioned repayment modification. (d) If, at any time after a modification of terms pursuant to paragraph (b) above, the Association determines that the Borrower's economic condition has deteriorated significantly, the Association may, if so requested by the Borrower, further modify the terms of repayment to conform to the schedule of installments as provided in paragraph (a) above. Section 2.08. The currency of the United States of America is hereby specified for the purposes of Section 4.02 of the General Conditions. ARTICLE III Page 5 Execution of the Project Section 3.01. (a) The Borrower declares its commitment to the objectives of the Project as set forth in Schedule 2 to this Agreement, and, to this end, shall carry out the Project with due diligence and efficiency and in conformity with appropriate administrative, financial, and educational practices, and shall provide, promptly as needed, the funds, facilities, services and other resources required for the Project. (b) Without limitation upon the provisions of paragraph (a) of this Section and except as the Borrower and the Association shall otherwise agree, the Borrower shall carry out the Project in accordance with the Implementation Program set forth in Schedule 4 to this Agreement. (c) Without limitation upon the provisions of paragraph (a) of this Section, the Borrower shall: (i) open a Project Account in a bank on terms and conditions acceptable to the Association and deposit therein an initial amount equivalent to $35,000; (ii) thereafter maintain and replenish said account at the beginning of each semester to ensure that adequate funds are available to meet expected local expenditures for the next eight (8) months; and (iii) use the funds so deposited on said Account exclusively for financing the Borrower’s contribution to Project expenditures. Section 3.02. Except as the Association shall otherwise agree, procurement of the goods, works, and consultants' services required for the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement. Section 3.03. For the purposes of Section 9.07 of the General Conditions and without limitation thereto, the Borrower shall: (a) prepare, on the basis of guidelines acceptable to the Association and furnish to Association not later than six (6) months after the Closing Date or such later date as may be agreed for this purpose between the Borrower and the Association, a plan for the future operation of the Project; and (b) afford the Association a reasonable opportunity to exchange views with the Borrower on said plan. ARTICLE IV Financial Covenants Section 4.01. (a) The Borrower shall maintain or cause to be maintained records and accounts adequate to reflect in accordance with sound accounting practices the operations, resources and expenditures in respect of the Project of the departments or agencies of the Borrower responsible for carrying out the Project or any part thereof. (b) The Borrower shall: (i) have the records and accounts referred to in paragraph (a) of this Section including those for the Special Account for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Association; (ii) furnish to the Association as soon as available, but in any case not later than six (6) months after the end of each such year, the report of such audit by said auditors, of such scope and in such detail as the Association shall have reasonably requested; and (iii) furnish to the Association such other information concerning said records and accounts and the audit thereof as the Page 6 Association shall from time to time reasonably request. (c) For all expenditures with respect to which withdrawals from the Credit Account were made on the basis of statements of expenditure, the Borrower shall: (i) maintain or cause to be maintained, in accordance with paragraph (a) of this Section, records and accounts reflecting such expenditures; (ii) retain, until at least one year after the Association has received the audit report for the fiscal year in which the last withdrawal from the Credit Account was made, all records (contracts, orders, invoices, bills, receipts and other documents) evidencing such expenditures; (iii) enable the Association’s representatives to examine such records; and (iv) ensure that such records and accounts are included in the annual audit referred to in paragraph (b) of this Section and that the report of such audit contains a separate opinion by said auditors as to whether the statements of expenditure submitted during such fiscal year, together with the procedures and internal controls involved in their preparation, can be relied upon to support the related withdrawals. ARTICLE V Remedies of the Association Section 5.01. Pursuant to Section 6.02 (h) of the General Conditions, the following additional event is specified: (a) Subject to paragraph (b) of this Section, the right of the Borrower to withdraw the proceeds of the UNDP Grant and/or the UNICEF Grant made to the Borrower for the financing of the Project shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the UNDP Grant Agreement or the UNICEF Grant Agreement, respectively; (b) Paragraph (a) of this Section shall not apply if the Borrower establishes to the satisfaction of the Association that: (i) such suspension, cancellation, or termination is not caused by the failure of the Borrower to perform any of its obligations under such agreement; and (ii) adequate funds for the Project are available to the Borrower from other sources on terms and conditions consistent with the obligations of the Borrower under this Agreement. ARTICLE VI Effective date; Termination Section 6.01. The following events are specified as additional conditions to the effectiveness of the Development Credit Agreement within the meaning of Section 12.01 (b) of the General Conditions: (a) the Borrower shall have adopted an Operational Manual satisfactory to the Association; and (b) the Project Account shall have been opened and an initial deposit of the amount equivalent to $35,000 shall have been made by the Borrower into said Account. Section 6.02. The date ninety (90) days after the date of this Agreement Page 7 is hereby specified for the purposes of Section 12.04 of the General Conditions. ARTICLE VII Representative of the Borrower; Addresses Section 7.01. The Minister of Finance and Economy of the Borrower is designated as representative of the Borrower for the purposes of Section 11.03 of the General Conditions. Section 7.02. The following addresses are specified for the purposes of Section 11.01 of the General Conditions: For the Borrower: Ministry of Finance and Economy 1, Government House Republic Square Yerevan 375010 Republic of Armenia Telex: 243331 LADA SU For the Association: International Development Association 1818 H Street, N.W. Washington, D.C. 20433 United States of America Cable address: Telex: INTBAFRAD 248423 (MCI) or Washington, D.C. 64145 (MCI) IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized representatives, have caused this Agreement to be signed in their respective names in the District of Columbia, United States of America, as of the day and year first above written. REPUBLIC OF ARMENIA By /s/ Ruben Shugarian Authorized Representative INTERNATIONAL DEVELOPMENT ASSOCIATION By /s/ Judy O’Connor Acting Regional Vice President Europe and Central Asia SCHEDULE 1 Page 8 Withdrawal of the Proceeds of the Credit 1. The table below sets forth the Categories of items to be financed out of the proceeds of the Credit, the allocation of the amounts of the Credit to each Category and the percentage of expenditures for items so to be financed in each Category: Amount of the Credit Allocated % of (Expressed in Expenditures Category SDR Equivalent) to be Financed (1) Civil works 73,000 80% (2) Textbooks (including 5,218,000 100% of foreign expendi- printing and delivery tures, 100% of local services) expenditures (ex-factory cost) and 80% of local expenditures for other items procured locally (3) Goods other than 1,911,000 100% of foreign expendi- textbooks tures, 100% of local expenditures (ex-factory cost) and 80% of local expenditures for other items procured locally (4) Consultants' services, 1,837,000 100% training, fellowships and studies (5) Incremental operating 588,000 100% costs (6) Refunding of 661,000 Amounts due pursuant Project Preparation to Section 2.02 (c) Advance of this Agreement (7) Unallocated 812,000 TOTAL 11,100,000 2. For the purposes of this Schedule: (a) the term "foreign expenditures" means expenditures in the currency of any country other than that of the Borrower for goods or services supplied from the territory of any country other than that of the Borrower; (b) the term "local expenditures" means expenditures in the currency of the Borrower or for goods or services supplied from the territory of the Borrower; and (c) the term "incremental operating costs" means the incremental costs relating to the operation of PMU, including PMU staff salaries and allowances (except for government officials) based on the salary scale acceptable to the Association, office rent and maintenance, minor office equipment and consumable supplies, communication and transportation. 3. Notwithstanding the provisions of paragraph 1 above, no withdrawals shall be made in respect of payments made for expenditures prior to the date of this Agreement. 4. The Association may require withdrawals from the Credit Account to be made on the basis of statements of expenditure for expenditures for: (a) textbooks, goods and works under contracts not exceeding $200,000 equivalent, (b) services provided by consulting firms under contracts not exceeding $100,000 equivalent; Page 9 (c) services provided by individual consultants under contracts not exceeding $50,000 equivalent; (d) training, fellowships and studies under contracts not exceeding $50,000 equivalent; and (e) operating costs, all under such terms and conditions as the Association shall specify by notice to the Borrower. SCHEDULE 2 Description of the Project The objectives of the Project are: (i) to help build the institutional framework at the central, local and school levels for more efficient and sustainable operation of the basic education system; and (ii) to facilitate improvements in school performance by promoting school-level initiatives, and by improving the supply of textbooks and teaching materials. The Project consists of the following parts, subject to such modifications thereof as the Borrower and the Association may agree upon from time to time to achieve such objectives: Part A: Textbook Production and Distribution 1. The purchase and distribution to schools of core general education textbooks for grades 1-10 over a four-year period. 2. Provision of technical assistance and training in curriculum reform and preparation of publishers’ guidelines. 3. Provision of technical assistance, training and materials for bid administrators, bid evaluators, authors and publishers in the Borrower’s new competitive system of book procurement. 4. Training and information dissemination for school directors, teachers and parents in the management of school-based revolving funds for the purchase of textbooks and in the allocation of subsidies to poor students. 5. Provision of equipment, technical assistance and training to establish a computerized system for consolidation of textbook orders from individual schools. Part B: Capacity Building for Reform Management 1. Development and implementation of the strategy for reform of the education sector finance and management through: (a) Provision of equipment, technical assistance and training to MOES for the development of the strategy for reform of education finance and management. (b) Provision of assistance in carrying out surveys, public consultations and information dissemination about the reform process in the education sector. (c) Provision of equipment and technical assistance for the development of a database of school level data and establishment of a computer network at the central and regional levels for managing of such data. (d) Provision of assistance for carrying out of pilot projects for school consolidation in selected regions. 2. Capacity Building for School Autonomy Provision of technical assistance for the implementation of the Borrower’s policy on school autonomy, including: (a) defining new institutional Page 10 relationships and accountability mechanisms for autonomous schools; (b) training of principals and other school board members in school management, budgeting, accounting, and performance monitoring; and (c) building capacity at the regional level in monitoring of school performance. 3. School Improvement Program (SIP) (a) Carrying out SIP through financing of goods, works, and services under Microprojects. (b) Provision of technical assistance and training to the regional education authorities for the promoting of SIP and supervising of its implementation. Part C: Support for Project Implementation Provision of equipment, technical assistance and institutional support to the PMU. * * * The Project is expected to be completed by December 31, 2001. SCHEDULE 3 Procurement Section I. Procurement of Good and Works Part A: General Goods and works shall be procured in accordance with the provisions of Section I of the "Guidelines for Procurement under IBRD Loans and IDA Credits" published by the Bank in January 1995 and revised in January and August 1996 (the Guidelines) and the following provisions of this Section. Part B: International Competitive Bidding 1. Except as otherwise provided in Part C of this Section, goods and foreign language textbooks shall be procured under contracts awarded in accordance with the provisions of Section II of the Guidelines and paragraph 5 of Appendix 1 thereto. 2. The following provisions shall apply to goods and foreign language textbooks to be procured under contracts awarded in accordance with the provisions of paragraph 1 of this Part B: (a) Grouping of contracts To the extent practicable, contracts for computers and office equipment shall be grouped in bid packages estimated to cost $200,000 equivalent or more each. (b) Preference for domestically manufactured goods The provisions of paragraphs 2.54 and 2.55 of the Guidelines and Appendix 2 thereto shall apply to goods manufactured in the territory of the Borrower. Part C: Other Procurement Procedures Page 11 1. National Competitive Bidding Textbooks in the Armenian language may be procured under contracts awarded in accordance with the provisions of paragraphs 3.3 and 3.4 of the Guidelines. 2. International Shopping Goods estimated to cost less than $200,000 equivalent per contract, up to an aggregate amount not to exceed $950,000 equivalent, may be procured under contracts awarded on the basis of international shopping procedures in accordance with the provisions of paragraphs 3.5 and 3.6 of the Guidelines. 3. National Shopping Goods estimated to cost less than $30,000 equivalent per contract, up to an aggregate amount not to exceed $1,100,000 equivalent, may be procured under contracts awarded on the basis of national shopping procedures in accordance with the provisions of paragraphs 3.5 and 3.6 of the Guidelines. 4. Direct Contracting Goods which are of proprietary nature and costing $50,000 or less in the aggregate, may, with the Association’s prior Agreement, be procured in accordance with the provisions of paragraph 3.7 of the Guidelines. 5. Procurement of Small Works Works may be procured under lump-sum fixed-price contracts awarded on the basis of quotations obtained from three (3) qualified domestic contractors in response to a written invitation. The invitation shall include a detailed description of the works, including basic specifications, the required completion date, a basic form of agreement acceptable to the Association, and relevant drawings where applicable. The award shall be made to the contractor who offers the lowest price quotation for the required work, and who has the experience and resources to complete the contract successfully. Part D: Review by the Association of Procurement Decisions 1. Procurement Planning Prior to the issuance of any invitations to prequalify for bidding or to bid for contracts, the proposed procurement plan for the Project shall be furnished to the Association for its review and approval, in accordance with the provisions of paragraph 1 of Appendix 1 to the Guidelines. Procurement of all goods and works shall be undertaken in accordance with such procurement plan as shall have been approved by the Association, and with the provisions of said paragraph 1. 2. Prior Review With respect to each contract for goods and textbooks estimated to cost the equivalent of $200,000 or more, the procedures set forth in paragraphs 2 and 3 of Appendix 1 to the Guidelines shall apply. 3. Post Review With respect to each contract not governed by paragraph 2 of this Part, the procedures set forth in paragraph 4 of Appendix 1 to the Guidelines shall apply. Section II: Employment of Consultants Page 12 Part A: General Consultants’ services shall be procured in accordance with the provisions of the Introduction and Section IV of the "Guidelines: Selection and Employment of Consultants by World Bank Borrowers" published by the Bank in January 1997 (the Consultant Guidelines) and the following provisions of Section II of this Schedule. Part B: Quality- and Cost-based Selection Except as otherwise provided in Part C of this Section, consultants’ services shall be procured under contracts awarded in accordance with the provisions of Section II of the Consultant Guidelines, paragraph 3 of Appendix 1 thereto, Appendix 2 thereto, and the provisions of paragraphs 3.13 through 3.18 thereof applicable to quality- and cost-based selection of consultants. Part C: Other Procedures for the Selection of Consultants 1. Selection Based on Consultants’ Qualifications Services for providing training and fellowships under Parts A and B of the Project may be procured under contracts awarded in accordance with the provisions of paragraphs 3.1 and 3.7 of the Consultant Guidelines. 2. Individual Consultants Services for the preparation of the rationalization plan under Part B.1 of the Project, for curriculum development and implementation of school autonomy under Part A.2 of the Project, and for carrying out SIP under Part B.3 of the Project shall be procured under contracts awarded to individual consultants in accordance with the provisions of paragraphs 5.1 through 5.3 of the Consultant Guidelines. Part D: Review by the Association of the Selection of Consultants 1. Selection Planning Prior to the issuance to consultants of any requests for proposals, the proposed plan for the selection of consultants under the Project shall be furnished to the Association for its review and approval, in accordance with the provisions of paragraph 1 of Appendix 1 to the Consultant Guidelines. Selection of all consultants’ services shall be undertaken in accordance with such selection plan as shall have been approved by the Association, and with the provisions of said paragraph 1. 2. Prior Review (a) With respect to each contract for the employment of consulting firms estimated to cost the equivalent of $100,000 or more, the procedures set forth in paragraphs 1, 2 (other than the second subparagraph of paragraph 2(a)) and 5 of Appendix 1 to the Consultant Guidelines shall apply. (b) With respect to each contract for the employment of individual consultants estimated to cost the equivalent of $50,000 or more, the qualifications, experience, terms of reference and terms of employment of the consultants shall be furnished to the Association for its prior review and approval. The contract shall be awarded only after said approval shall have been given. 3. Post Review With respect to each contract not governed by paragraph 1 of this Part, the procedures set forth in paragraph 4 of Appendix 1 to the Consultant Page 13 Guidelines shall apply. SCHEDULE 4 Implementation Program 1. The Borrower shall maintain the PMU within MOES with staff and other resources and terms of reference, satisfactory to the Association, which shall be responsible for the overall implementation of the Project. 2. The Borrower shall maintain a Project Steering Committee, during the execution of the Project which shall include, inter alia, representatives from MOES, the Ministry of Finance and Economy and regional education administration, and which shall be responsible for overseeing the Project implementation and approval of annual work programs for the Project. 3. For the purposes of carrying out Part B.3 of the Project, the Borrower shall: (a) adopt the Operational Manual and shall not amend, abrogate or waive the provisions of the Operational Manual without prior consent of the Association; and shall thereafter, follow the procedures and criteria set forth in the Operational Manual for selection of Microprojects; (b) maintain a SIP Unit within the PMU which shall be responsible for management of SIP, including: (i) promotion of SIP and dissemination of information on the purpose and operation of SIP; (ii) assistance to schools in preparation of proposals for Microprojects; (iii) appraisal of Microprojects and submission of the selected Microprojects to the SIP Steering Committee for approval; (iv) preparation and signing of framework agreements for selected Microprojects with the schools; (v) assistance in procurement of small equipment and consumables for selected Microprojects; (vi) monitoring Microprojects implementation; and (vii) maintaining the SIP accounts and monitoring the overall progress of SIP; and (c) maintain a SIP Steering Committee within MOES which shall be responsible for approval of Microprojects selected by the SIP Unit and for the supervision of SIP implementation. 4. (a) The Borrower shall maintain a Working Group on Education Management and Finance within MOES which shall be responsible for: (i) reassessment of norms and standards for allocation of resources for general education; (ii) liaison with the regional education authorities in preparation and implementation of pilot rationalization plans and of new management information systems; (iii) liaison with the Minister of Finance and Economy and the regional education authorities concerning the legal, managerial and financial framework for autonomous schools, training of school principals and monitoring of pilot implementation of the autonomous status for schools; and (iv) design and coordination of information dissemination and consultation programs to support the education sector reform process. (b) Not later than July 31 of each year during the Project execution, the Working Group on Education Management and Finance shall prepare and submit to the Association an evaluation report on policy development in the education sector, including the proposed work program for the next 12-month period, and thereafter take all measures to implement the conclusions and recommendations of the said report and the Association’s comments on it. 5. The Borrower shall maintain a Working Group on Textbooks within MOES which shall be responsible for: (i) coordination of the preparation of the curriculum for grades 1-10 with the schedule for textbook publishing; (ii) provision of necessary technical specifications and curriculum, syllabus and methodological guidelines for incorporation in bidding documents for textbooks; (iii) dissemination of information to parents and schools on management of the textbook rental scheme and revolving funds; (iv) liaison with the regional education authorities to consolidate the textbook requirements of individual Page 14 schools; and (v) establishment of a computerized system for future coordination of orders from schools. 6. The Borrower shall maintain the Textbook Fund referred to in Section 1.02 (i) during the Project execution. 7. Not later than February 28, 1998, the Borrower shall submit to the Association the guidelines for allocation and administration of subsidies for textbooks to vulnerable groups, satisfactory to the Association. 8. Not later than September 30 of each year, the Borrower shall provide its cash contribution to the Textbook Fund in the amount equivalent to at least ten percent (10%) of the total requirements of the Textbook Fund for the next nine-month period, as such annual requirements are estimated by MOES. 9. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the indicators agreed upon between the Borrower and the Association, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about October 31, 1999, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, by December 31, 1999, or such later date as the Association shall request, the report referred to in subparagraph (b) of this paragraph, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter. 10. The Borrower shall ensure that during the execution of the Project: (a) no revisions shall be made to the schedule on textbook publishing and curriculum development for grades 1-10 without prior consultation with the Association; and (b) no revision shall be made, without an approval by the Association, to the curricula/syllabi for those subjects for which the textbooks are financed under the Project after the bidding process for said textbooks shall have been initiated by the Borrower. SCHEDULE 5 Special Account 1. For the purposes of this Schedule: (a) the term "eligible Categories" means Categories (1), (2), (3), (4), and (5) set forth in the table in paragraph 1 of Schedule 1 to this Agreement; (b) the term "eligible expenditures" means expenditures in respect of the reasonable cost of goods, works and services required for the Project and to be financed out of the proceeds of the Credit allocated from time to time to the eligible Categories in accordance with the provisions of Schedule 1 to this Agreement; and Page 15 (c) the term "Authorized Allocation" means an amount equivalent to $600,000 to be withdrawn from the Credit Account and deposited into the Special Account pursuant to paragraph 3 (a) of this Schedule, provided, however, that unless the Association shall otherwise agree, the Authorized Allocation shall be limited to an amount equivalent to $300,000 until the aggregate amount of withdrawals from the Credit Account plus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions shall be equal to or exceed the equivalent of SDR 2,000,000. 2. Payments out of the Special Account shall be made exclusively for eligible expenditures in accordance with the provisions of this Schedule. 3. After the Association has received evidence satisfactory to it that the Special Account has been duly opened, withdrawals of the Authorized Allocation and subsequent withdrawals to replenish the Special Account shall be made as follows: (a) For withdrawals of the Authorized Allocation, the Borrower shall furnish to the Association a request or requests for deposit into the Special Account of an amount or amounts which do not exceed the aggregate amount of the Authorized Allocation. On the basis of such request or requests, the Association shall, on behalf of the Borrower, withdraw from the Credit Account and deposit into the Special Account such amount or amounts as the Borrower shall have requested. (b) (i) For replenishment of the Special Account, the Borrower shall furnish to the Association requests for deposits into the Special Account at such intervals as the Association shall specify. (ii) Prior to or at the time of each such request, the Borrower shall furnish to the Association the documents and other evidence required pursuant to paragraph 4 of this Schedule for the payment or payments in respect of which replenishment is requested. On the basis of each such request, the Association shall, on behalf of the Borrower, withdraw from the Credit Account and deposit into the Special Account such amount as the Borrower shall have requested and as shall have been shown by said documents and other evidence to have been paid out of the Special Account for eligible expenditures. All such deposits shall be withdrawn by the Association from the Credit Account under the respective eligible Categories, and in the respective equivalent amounts, as shall have been justified by said documents and other evidence. 4. For each payment made by the Borrower out of the Special Account, the Borrower shall, at such time as the Association shall reasonably request, furnish to the Association such documents and other evidence showing that such payment was made exclusively for eligible expenditures. 5. Notwithstanding the provisions of paragraph 3 of this Schedule, the Association shall not be required to make further deposits into the Special Account: (a) if, at any time, the Association shall have determined that all further withdrawals should be made by the Borrower directly from the Credit Account in accordance with the provisions of Article V of the General Conditions and paragraph (a) of Section 2.02 of this Agreement; (b) if the Borrower shall have failed to furnish to the Association, within the period of time specified in Section 4.01 (b) (ii) of this Agreement, any of the audit reports required to be furnished to the Association pursuant to said Section in respect of the audit of the records and accounts for the Special Account; Page 16 (c) if, at any time, the Association shall have notified the Borrower of its intention to suspend in whole or in part the right of the Borrower to make withdrawals from the Credit Account pursuant to the provisions of Section 6.02 of the General Conditions; or (d) once the total unwithdrawn amount of the Credit allocated to the eligible Categories, minus the total amount of all outstanding special commitments entered into by the Association pursuant to Section 5.02 of the General Conditions with respect to the Project, shall equal the equivalent of twice the amount of the Authorized Allocation. Thereafter, withdrawal from the Credit Account of the remaining unwithdrawn amount of the Credit allocated to the eligible Categories shall follow such procedures as the Association shall specify by notice to the Borrower. Such further withdrawals shall be made only after and to the extent that the Association shall have been satisfied that all such amounts remaining on deposit in the Special Account as of the date of such notice will be utilized in making payments for eligible expenditures. 6. (a) If the Association shall have determined at any time that any payment out of the Special Account: (i) was made for an expenditure or in an amount not eligible pursuant to paragraph 2 of this Schedule; or (ii) was not justified by the evidence furnished to the Association, the Borrower shall, promptly upon notice from the Association: (A) provide such additional evidence as the Association may request; or (B) deposit into the Special Account (or, if the Association shall so request, refund to the Association) an amount equal to the amount of such payment or the portion thereof not so eligible or justified. Unless the Association shall otherwise agree, no further deposit by the Association into the Special Account shall be made until the Borrower has provided such evidence or made such deposit or refund, as the case may be. (b) If the Association shall have determined at any time that any amount outstanding in the Special Account will not be required to cover further payments for eligible expenditures, the Borrower shall, promptly upon notice from the Association, refund to the Association such outstanding amount. (c) The Borrower may, upon notice to the Association, refund to the Association all or any portion of the funds on deposit in the Special Account. (d) Refunds to the Association made pursuant to paragraphs 6 (a), (b) and (c) of this Schedule shall be credited to the Credit Account for subsequent withdrawal or for cancellation in accordance with the relevant provisions of this Agreement, including the General Conditions.