"соглашение между правительством российской федерации и международным банком реконструкции и развития о гранте для финансирования проекта поэтапного сокращения потребления озоноразрушающих веществ (gef trust fund number tf028314)" [англ.](заключено в г. вашингтоне 29.09.1996)
of invitation, proposals, evaluation reports and contracts, shall not apply to:
(a) contracts for the employment of consulting firms estimated to cost less than
100,000 usd equivalent each; or (b) contracts for the employment of individual
consultants estimated to cost less than 50,000 usd equivalent each. However,
said exceptions to prior Bank review shall not apply to: (a) the terms of
reference for such contracts; (b) single-source selection of consulting firms;
(c) assignments of a critical nature, as reasonably determined by the Bank; (d)
amendments to contracts for the employment of consulting firms raising the
contract value to 100,000 usd equivalent or above; or (e) amendments to
contracts for the employment of individual consultants raising the contract
value to 50,000 usd equivalent or above.
SCHEDULE 4
SPECIAL
ACCOUNT
1. For the purposes of this Schedule:
(a) the term "eligible
Categories" means Categories (1), (2), (3) and (4) 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 Grant allocated from time to time to the eligible Categories in
accordance with the provisions of Schedule 1 to this Agreement; and
(c)
the term "Authorized Allocation" means an amount equivalent to 1,000,000 usd to
be withdrawn from the Grant Account and deposited into the Special Account
pursuant to paragraph 3 (a) of this Schedule, provided, however, that unless the
Bank shall otherwise agree, the Authorized Allocation shall be limited to an
amount equivalent to 500,000 usd until the aggregate amount of withdrawals from
the Grant Account plus the total amount of all outstanding special commitments
entered into by the Bank pursuant to Section 5.02 of the General Conditions
shall be equal to or exceed the equivalent of SDR 6,860,000.
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 Bank 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 Recipient shall furnish to the
Bank 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 Bank shall, on behalf of the
Recipient, withdraw from the Grant Account and deposit into the Special Account
such amount or amounts as the Recipient shall have requested.
(b) (i) For
replenishment of the Special Account, the Recipient shall furnish to the Bank
requests for deposits into the Special Account at such intervals as the Bank
shall specify.
(ii) Prior to, or at the time of each such request, the
Recipient shall furnish to the Bank 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 Bank
shall, on behalf of the Recipient, withdraw from the Grant Account and de posit
into the Special Account such amount as the Recipient 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 Bank from the Grant 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 Recipient out of the Special Account, the Recipient shall, at such time
as the Bank shall reasonably request, furnish to the Bank 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 Bank shall not be required to make further deposits into the
Special Account:
(a) if, at any time, the Bank shall have determined that
all further withdrawals should be made by the Recipient directly from the Grain
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 Recipient
shall have failed to furnish to the Bank 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 Bank pursuant to said Section in respect of the audit of the
records and accounts for the Special Account;
(c) if, at any time, the
Bank shall have notified the Recipient of its intention to suspend in whole or
in part the right of the Recipient to make withdrawals from the Grant Account
pursuant to the provisions of Section 6.02 of the General Conditions; or
(d) once the total unwithdrawn amount of the Grant allocated to the eligible
Categories for the Project, minus the total amount of all outstanding special
commitments entered into by the Bank 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 Grant
Account of the remaining unwithdrawn amount of the Grant allocated to the
eligible Categories for the Project shall follow such procedures as the Bank
shall specify by notice to the Recipient. Such further withdrawals shall be made
only after and to the extent that the Bank 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 Bank 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 Bank, the Recipient shall, promptly upon notice from
the Bank (A) provide such additional evidence as the Bank may request, or (B)
deposit into the Special Account (or, if the Bank shall so request, refund to
the Bank) an amount equal to the amount of such payment or the portion thereof
not so eligible or justified. Unless the Bank shall otherwise agree, no further
deposit by the Bank into the Special Account shall be made until the Recipient
has provided such evidence or made such deposit or refund as the case may
be.
(b) If the Bank 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 Recipient shall, promptly upon notice
from the Bank, refund to the Bank such outstanding amount.
(c) The
Recipient may, upon notice to the Bank, refund to the Bank all or any portion of
the funds on deposit in the Special Account.
(d) Refunds to the Bank made
pursuant to paragraphs 6 (a), (b) and (c) of this Schedule shall be credited to
the Grant Account for subsequent withdrawal or for cancellation in accordance
with the relevant provisions of this Agreement including the General
Conditions.
SCHEDULE 5
IMPLEMENTATION PROGRAM
1. The SCEP
shall be responsible for overall Project coordination and supervision.
2.
An interagency commission (Inter-Agency Commission), established pursuant to
Government of Russia Resolution No. 875 "On Approval of Resolution on
Inter-Agency Commission Within the MEPNR for Protection of the Ozone Layer, and
Staffing of Such Commission" (dated August 30, 1993), shall be responsible for
coordinating the implementation of the Project with the Recipient"s agencies
within the framework of the Country Program.
3. The SCEP shall:
(a) enter into a project implementation agreement (Project Implementation
Agreement) with the CPPI, under terms and conditions satisfactory to the Bank,
including a provision regarding an agency fee (CPPI Agency Fee) of up to three
percent (3%) of the amount disbursed under Sub-grant Agreements;
(b)
cause the CPPI to appraise and select Sub-projects and ensure that Sub-projects
are approved in accordance with the procedures and eligibility criteria
satisfactory to the Bank, which shall include the procedures and eligibility
criteria set forth in Parts A and B, respectively, of Schedule 6 to this
Agreement;
(c) make available, through the CPPI, a part of the proceeds
of the Grant as sub-grants (Sub-Grants) to Participating Enterprises to finance
Sub-projects, under sub-grant agreements (Sub-grant Agreements) to be entered
into between the CPPI and each Participating Enterprise, under terms and
conditions satisfactory to the Bank, which shall include the terms and
conditions set forth in Part C of Schedule 6 to this Agreement;
(d)
exercise its rights and cause the CPPI to exercise its rights under the Project
Implementation Agreement and each Sub-grant Agreement in such manner as to
protect the interests of the Recipient, the Bank and the CPPI and to accomplish
the purposes of the Grant, and, except as the Bank shall otherwise agree, the
Recipient shall not, and shall not allow the CPPI to, assign, amend, abrogate or
waive the Project Implementation Agreement or any Sub-grant Agreement, or any
provision thereof;
(e) pursuant to the Project Implementation Agreement,
delegate the day-today technical and administrative responsibility for Project
implementation to the CPPI. The CPPI, through ODS project implementation units
(ODS PIUs) established within the CPPI, and other departments within the CPPI,
shall be responsible for: (i) procurement; (ii) accounting; (iii) disbursement;
(iv) auditing; (v) reporting and monitoring; (vi) evaluation of activities under
the Project; (vii) appraisal and supervision of Sub-projects on behalf of the
SCEP; (viii) entering into Sub-agreements on behalf of the Recipient; (ix)
implementation of activities related to the strengthening of the regulatory
capacity and ODS phase-out monitoring capacity of the Recipient; (x)
supplementary project preparation activities for ODS production and consumption
phase-out; and (xi) development of public awareness initiatives, all under Part
C of the Project; and
(f) cause the CPPI to engage consultants who shall
assist it in the area of procurement, financial management and information
systems, and Project performance and progress evaluation. The CPPI shall report
to the SCEP and liaise with the Inter-Agency Commission, and Recipient"s
ministries and agencies, and other parties regarding Project
activities.
SCHEDULE 6
SUB-GRANT PROCEDURES, ELIGIBILITY
CRITERIA AND TERMS
AND CONDITIONS OF SUB-GRANT AGREEMENTS
Part A.
Procedures
1. No expenditures for goods, works and services required for a
Sub-project shall be eligible for financing out of the proceeds of the Grant
unless: (i) the Bank has received and issued a no objection with respect to the
Sub-project; and (ii) expenditures under the Sub-grant for such a Sub-project
shall have been made not earlier than ninety (90) days prior to the date on
which the Bank shall have received the application and information required
under paragraph 2 of Part A of this Schedule in respect of such a
Sub-grant.
2. In addition to the general procedures described in
paragraph 1 of Part A of this Schedule, the following procedures shall be
followed in connection with any proposed Sub-project:
(a) a proposed
Participating Enterprise seeking a Sub-grant shall prepare and submit to the
CPPI an application and summary of the proposed Sub-project; such an application
shall include: (i) a description of the Participating Enterprise; and (ii) a
detailed description of the proposed Sub-project, including technical plan,
financial plan, cost and benefit analysis, environmental impact assessment and
other pertinent environmental information, financial projections, proposed
procurement arrangements, and status of authorizations and licenses;
(b)
the CPPI shall appraise the proposed Sub-project;
(c) after the proposed
Sup-project has been appraised and pre-approved by the CPPI, it shall be
submitted to the NPAF Supervisory Board for approval;
(d) after the
proposed Sub-project is approved by the NPAF Supervisory Board, the CPPI shall
submit to the Bank, for the Bank"s review and no-objection, the application, in
form and substance satisfactory to the Bank, together with any other relevant
materials requested by the Bank, related to the proposed Sub-project, including
a draft Sub-grant Agreement with the proposed Participating Enterprise, and a
description of how the proposed Sub-project meets the eligibility criteria set
forth in Part B of this Schedule; and
(e) upon the Bank"s no objection,
the CPPI shall, on behalf of the Recipient, enter into a Sub-grant Agreement
with the Participating Enterprise.
Part B. Eligibility Criteria
1. All
Sub-projects shall be selected in accordance with eligibility criteria
satisfactory to the Bank, and consistent with the following primary and
secondary eligibility criteria.
2. Primary eligibility criteria are: (i)
consistency with the Country Program priorities and objectives; (ii) strategic
implications of the proposed Sub-project to overall national ODS phase-out
objectives (related to phase-out of ODS consumption and production); (iii)
absolute reduction of ODS consumption to be achieved by the proposed
Sub-project; and (iv) cost-effectiveness of the proposed Sub-project.
3.
Secondary eligibility criteria are: (i) availability of grant funding; (ii)
proposed Participating Enterprise viability and long-term business prospects;
(iii) relationship between the proposed Sub-project and other related ODS
phase-out activities within the proposed Participating Enterprise and / or the
sector in which it operates; (iv) importance of the Sub-grant to permitting the
proposed Participating Enterprise to undertake ODS phase-out activities; (v)
likelihood that the proposed Sub-project will be replicable by other parties;
(vi) sustainability and innovation in technology selection; and (vii) local
social implications and benefits associated with the proposed
Sub-project.
Part C. Terms and Conditions of Sub-grant Agreements
1.
Each Sub-grant Agreement shall require the Participating Enterprise to, inter
alia:
(a) carry out and operate the Sub-project with due diligence and
efficiency under the supervision of qualified and experienced management
assisted by competent staff in adequate numbers, and in accordance with sound
