Common use of Other Undertakings Clause in Contracts

Other Undertakings. 1. The Recipient, through the CPMU and no later than September 30, 2010, shall prepare and submit to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) no later than December 31, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking the Association’s comments into account. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The RecipientRecipient shall, through the CPMU and no later than September 30, 2010, shall prepare and submit to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed : (a) develop and install in the first eighteen (18) month Procurement PlanCPO, all PPMUs and DPMUs an accounting software program acceptable to the Association for purposes of Project operations and reporting; and (b) ensure that all accountants and financial management staff in the CPO, PPMUs, and DPMUs have been effectively trained in financial management aspects of the Project including in use of manuals, procedures, and use of said software program referred to in sub-paragraph (a) above. 2. The Recipient shall, no later than December 31November 30, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed 2010 ensure that all accountants and financial management staff in the first eighteen (18) month Procurement Plan, CDBs have been effectively trained in financial management aspects of the Project including the use of manuals and shall finalize said documents and specifications taking the Association’s comments into accountprocedures. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The Recipient, through the CPMU and PMU, no later than September November 30, 20102011, and in a manner consistent with the provisions of Section III of this Schedule 2, shall prepare and submit to commence the Association bidding process for its review at least two (2designing the new VGU campus under Part 3(a) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) no later than December 31, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking the Association’s comments into accountProject. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The Recipient, through the CPMU and no later than September 30, 2010, shall prepare and submit to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) by no later than December 311, 20102010 shall ensure that the PCU has retained the services of a project engineer, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plana safeguard specialist, a procurement officer, and shall finalize said documents a finance officer, in all cases with qualifications and specifications taking experience and under terms of reference satisfactory to the Association’s comments into account. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The RecipientRecipient shall, through the CPMU and by no later than September 30three (3) months after the Effective Date, 2010, shall prepare carry out training of internal auditors in WSCs and submit the Project Provinces in form and substance satisfactory to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) no later than December 31, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking the Association’s comments into account. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 and May 2010 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The RecipientRecipient shall, through the CPMU and no later than September 30July 31, 20102007, shall prepare conduct a baseline survey of the institutional and submit to social indicators of the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into accountProject. 2. The RecipientRecipient shall carry out Project outcome and impact evaluation studies for the Project. 3. The Recipient shall, through no later than March 31, 2008, carry out a performance evaluation of Facilitating Partners. 4. The Recipient shall, no later than May 31, 2008, conduct a technical and financial audit of the CPMUcontracts of Facilitating Partners and the Management Support Consultant. 5. The Recipient shall, no later than January 31, 2007, conduct a technical and financial audit of the contract of the Oversight Consultant. 6. The Recipient shall, no later than March 31, 2007, establish a management information system, in accordance with terms of reference and time plans agreed with the Association. 7. The Recipient shall prepare and submit no later than April 1, 2007 hire the Management Support Consultant in accordance with the provisions of Section III of Schedule 2 to the Association for its review: (a) this Agreement. 8. The Recipient shall, no later than June 3030 and December 31 of each year during the implementation of the Project, 2010cause MRRD to prepare and furnish to the Association, architectural designs for biannual reports, indicating the construction biannual program plan, monthly expenditure forecasts, and monthly cash flow projections reconciled with available and expected co-financing funds. Such reports shall include confirmations from co-financing donors that such funds shall be made available in a timely manner. 9. In the event that there is a shortfall between the expected and actual availability of District Preventive Health Centers listed co-financing funds to the Recipient’s National Solidarity Program, the Recipient undertakes to give priority to funding completion of community mobilization activities and Sub-Projects already commenced in the first eighteen districts and villages. 10. The Recipient undertakes that the roll out of the National Solidarity Program to new communities and villages in the districts that are either partially covered or not covered at all by the said Program shall: (18i) month Procurement Plandepend on the availability of co- financing resources; and (bii) no later be carried out after an assessment of the availability of financing resources other than December 31the Grant has been carried out and an assurance, 2010deemed acceptable by the Association, at least 10 packages of bidding documents has been provided to the Association that adequate financing is available for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking the Association’s comments into account. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provinceProject. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. The Recipient shall: (1. The Recipient, through ) ensure that all vehicles procured under Part B.2 of the CPMU and no later than September 30, 2010, shall prepare and submit to Project are deployed exclusively on bus line 2 along the Association Tam Bac – Kien An Corridor for its review a period of at least two three (3) years from entry into operation of such vehicles; and (2) packages further to implementation of bidding documents and technical specifications Part B.2 of medical equipment the Project, provide, throughout Project implementation, the necessary financial support for district hospitals listed purposes of continued operation of such line with a view to improved performance on such line in terms of the first eighteen relevant indicators set forth in Section II.A.1 (18b) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. of this Schedule 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) no later than December 31, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking the Association’s comments into account. The procedure procedures to be followed for the procurement of goods, works, and non- consulting services under contracts awarded on the basis of National Competitive Bidding shall be those set forth in in: (a) Article 18 on Open Bidding of the Recipient’s Law on Procurement No. 61/2005/QH11 dated November 29, 2005, ; (b) the Recipient’s Law No. 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction InvestmentInvestment dated June 19, 2009; and (c) the Recipient’s Decree No. 85/2009/ND-CP, CP Guiding Implementation of the Law on the Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration ), subject to the modifications set out below in order to ensure economy, efficiency and transparency as set forth inefficiency, transparency, and broad consistency with, with the provisions of Section I of the “Procurement Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “pursuant to paragraph 3.3 of said Guidelines”) , and required by paragraphs 3.3 and under paragraph 3.4 of the said Guidelines. Whenever any procedure in In the National Procurement Laws is inconsistent with event of a conflict between the requirements of said paragraphs 3.3 and 3.4 provisions of the GuidelinesRecipient’s procedures and those of the modifications set out below, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provincegovern. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. Unless otherwise agreed to between the Recipient and the Association, and for the purposes of Section III of Schedule 2 to this Agreement, the Recipient shall use the services of a procurement agent engaged by the MEF under terms of reference satisfactory to the Association for all procurement to be undertaken under the Project except Direct Contracting, Procurement from UN Agencies, Selection of Individual Consultants, Single Source Selection, and procurement by the commune of goods estimated to cost less than $20,000 and procurement of works estimated to cost less than $40,000 under Component B of the Project in accordance with the Commune/Sangkat Fund Project Implementation Manual and the Guidelines on Commune/Sangkat Procurement. 2. For the purposes of Section III of Schedule 2 to this Agreement, guidance for implementing the Procurement Guidelines and the Consultant Guidelines is provided in the Kingdom of Cambodia’s Externally Assisted Project Procurement Manual: Goods, Works and Services, issued under Sub-Decree 14 dated February 26, 2007, on Promulgating of the Standard Procedure for Implementing the World Bank and the Asian Development Bank Assisted Projects. 3. For the purposes of Section III of Schedule 2 to this Agreement, procurement of goods and works financed with the proceeds of a Sub-grant that are estimated to cost less than $20,000 for goods and estimated to cost less than $40,000 for works will be in accordance with the Commune/Sangat Fund Project Implementation Manual dated May 20, 2005 and the Guidelines on Commune/Sangat Procurement dated April 29, 2005, satisfactory to the Association, as said manual may be revised from time to time with the agreement of the Association. 4. The RecipientRecipient undertakes not to amend, through suspend, abrogate, repeal or waive any provisions of the CPMU Commune/Sangat Fund Project Implementation Manual and no later than the Guidelines on Commune/Sangat Procurement without the prior agreement of the Association. 5. The Recipient shall: (a) by September 30, 2008: (i) hire two (2) national internal audit consultants with terms of reference satisfactory to the Association; (ii) engage a consulting firm to carry out a quantitative impact evaluation with terms of reference satisfactory to the Association; and (iii) install accounting software for project financial management in GSSLC, NCDD Secretariat and the Ex-Coms in the Project Provinces; (b) by December 31, 2008, (i) complete a communication strategy to support public understanding of SLCs, including the associated legal framework; and the progress and lessons learned from implementation of the Project; and (ii) appoint an independent auditor to meet the obligations set forth in Section IIB3 of this Annex with terms of reference satisfactory to the Association; (c) by March 31, 2010, carry out a mid-term implementation review with terms of reference satisfactory to the Association, and submit such review to the Association by September 30, 2010; and (d) by January 1, shall prepare 2013, carry out a final implementation review with terms of reference satisfactory to the Association, and submit such review to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in by the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) no later than December 31, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking the Association’s comments into accountClosing Date. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 the Sub-decree 14 on Open Bidding Promulgating of the Law on Standard Procedure for Implementing the World Bank and the Asian Development Bank Assisted Projects dated February 26, 2007 and relevant provisions of the Royal Government of Cambodia Externally Assisted Project Procurement 61/2005/QH11 dated November 29Manual for Goods, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending Works and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) Services with due consideration modifications set forth below in order to ensure economy, efficiency and transparency as set forth in, and broad consistency with, with the provisions of Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” Credits published by the Bank/Association in May 2004 and revised in October 2006 (the “Guidelines”) and as required by paragraphs paragraph 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The Recipient, through the CPMU and no later than September 30, 2010, shall prepare and submit to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no No later than six months after the Effective Date, the Recipient shall recruit an external auditor for the Cameroon Project Activities, with terms of reference, qualification and experience satisfactory to the Association. (b) No later that six months after the Effective Date, the Recipient shall recruit an accountant for the Cameroon Project Activities, with terms of references, qualifications and experience satisfactory to the Association. (c) No later than June 30, 20102008, architectural designs the Recipient shall: (i) implement the recommendations of the audit report on its accounts as of December 31, 2005 and the related management letter, completed in application of the provisions of the Loan Agreement no. F/CMR/PL/D/2001/2 signed between the African Development Bank and the Recipient on May 29, 2001 for the construction financing of District Preventive Health Centers listed the Melon-Dschang project, Road Improvement Project in the first eighteen Western, Littoral and Southern provinces, and (18ii) month Procurement Plan; obtain that the Project Implementing Entity implement the recommendations of the audit report on its accounts as of December 31, 2005 and the related management letter, completed in application of the provisions of the Development Credit Agreement for the extension of credit Cr. 3695-CM by the Association. (d) The Recipient shall produce and deliver to the Association every six months a semi-annual governance report on its activities referred to in Section I, Part A (b) no of this Annex, during the period covered by such report and including recommendations for the future, in form and scope satisfactory to the Association. (e) The Recipient shall include annually in its budget an appropriate maintenance budget for the portions of the Corridors which are on its territory. (f) No later than December 31, 2010, at least 10 packages of bidding documents the Recipient shall enforce the harmonized axle load limits for the construction CEMAC area. (g) The Recipient shall take all necessary actions on its part for the harmonization of District Preventive Health Centers listed the market access taxation for transporters in the first eighteen Project area no later than December 31, 2008. (18h) month Procurement PlanThe Recipient shall publish the National Customs’ statistics and the National Customs’ indicators agreed upon with the Association on a monthly basis in a widely distributed national newspaper satisfactory to the Association. (i) No later than twenty-four months after the Effective Date, or any later date agreed between the Recipient and the Association, the Recipient and the Association shall carry out a mid-term review of the Cameroon Project Activities, on the progress made in the implementation of the Cameroon Project Activities. The Recipient shall prepare, on the basis of terms of reference satisfactory to the Association, and transmit to the Association, no later than three months before the beginning of such mid-term review of the Cameroon Project Activities, a report including the results of the monitoring and evaluation activities carried out in accordance with this Agreement, on the progress made in the implementation of the Cameroon Project Activities during the period covered by such report, and making recommendations to ensure the efficient implementation of the Cameroon Project Activities and the achievement of the Project objectives during the period after the mid-term review. The other technical and financial partners supporting the Program shall be invited to participate in the mid-term review. (j) The Recipient shall publish each year its Financial Statements, within six months of the end of the period they cover, on the government’s website of the Recipient. (k) No later than December 31, 2008, the Recipient shall adopt a road map established further to the independent evaluation referred to at Section 5.1(g) of this Agreement, in form and substance satisfactory to the Association, and as of that date, the Recipient shall implement the activities, on the basis of the calendar included in such road map, in a manner satisfactory to the Association. (l) The Recipient shall refrain from undertaking obligations, and shall finalize said documents ensure that the Project Implementing Entity refrain from undertaking obligations, related to fret management, which could adversely and specifications taking substantially affect the Association’s comments into accountimplementation of its respective obligations by the Recipient under this Agreement, or by the Project Implementing Entity under the Project Agreement, and the achievement of the Project objective. On each March 1 and September 1: commencing September 1, 2017 to and including March 1, 2027 1 commencing September 1, 2027 to and including March 1, 2047 2 * The procedure percentages represent the percentage of the principal amount of the Credit to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding repaid, except as the Association may otherwise specify pursuant to Section 3.03 (b) of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or provinceGeneral Conditions. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The Recipient, through the CPMU and no later than September 30, 2010, shall prepare and submit to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan and to be acquired under International Competitive Bidding procedure, and shall finalize said documents and specifications taking the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan; and (b) by no later than December 311, 20102010 shall ensure that the PCU has retained the services of a project engineer, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plana safeguard specialist, a procurement officer, and shall finalize said documents a finance officer, in all cases with qualifications and specifications taking experience and under terms of reference satisfactory to the Association’s comments into account. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, and Decree 85/2009/ND-CP, Guiding Implementation of Law on Procurement and Selection of Construction Contractors under the Construction Law dated October 15, 2009 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.

Other Undertakings. 1. The RecipientRecipient shall cause à Nng to: (a) take all actions necessary to implement the cost recovery schedule for wastewater treatment as shall have been agreed with the Association, said schedule designed to enable TMDC to collect sufficient users’ fees to cover its operating costs and the depreciation of its short- lived assets; and (b) not modify said schedule without the prior concurrence of the Association. 2. The Recipient shall cause à Nng to ensure that, throughout the period of Project implementation, TMDC shall maintain a system to monitor the quality of wastewater entering the sewerage system and produce periodic reports of such monitoring, in a manner satisfactory to the Association. 3. The Recipient shall cause à Nng to: (a) have TMDC’s financial statements for each fiscal year, commencing with fiscal year 2008, audited by independent auditors acceptable to the Association and in accordance with consistently applied auditing standards acceptable to the Association; and (b) within six (6) months of the end of each such fiscal year of TMDC, furnish to the Association certified copies of such financial statements and an opinion on such statements by said auditors in scope and detail satisfactory to the Association. 4. The Recipient shall cause à Nng, through the CPMU and TUPWS: (a) by no later than September 30October 31 of each year, 2010commencing in 2008, shall to prepare and submit provide to the Association for its review at least two (2) packages of bidding documents and technical specifications of medical equipment for district hospitals listed in the first eighteen (18) month Procurement Plan comments, a learning plan including all training programs, seminars, workshops, study tours and other learning events to be acquired organized and/or attended under International Competitive Bidding procedure, and shall finalize said documents and specifications taking Part D.1 of the Association’s comments into account. 2. The Recipient, through the CPMU, shall prepare and submit to the Association for its review: (a) no later than June 30, 2010, architectural designs for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement PlanProject; and thereafter (b) no later than December 31carry out and cause to be carried out, 2010, at least 10 packages of bidding documents for the construction of District Preventive Health Centers listed in the first eighteen (18) month Procurement Plan, and shall finalize said documents and specifications taking a manner satisfactory to the Association’s comments into account, such learning plan as shall have been agreed with the Association. The procedure to be followed for National Competitive Bidding shall be those set forth in Article 18 on Open Bidding of the Law on Procurement 61/2005/QH11 dated November 29, 2005, Law 38/2009/QH12 dated June 19, 2009 on Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, 2005 and Decree 85/2009111/2006/ND-CP, Guiding Implementation of Law on Procurement and Selection of Contractor Bidder in Accordance with Law on Construction Contractors under the Construction Law dated October 15September 29, 2009 2006 (collectively, “National Procurement Laws”) with due consideration to economy, efficiency and transparency as set forth in, and broad consistency with, Section I of the “Guidelines for Procurement under IBRD Loans and XXX Credits” published by the Association in May 2004 and revised in October 2006 (the “Guidelines”) and required by paragraphs 3.3 and 3.4 of the Guidelines. Whenever any procedure in the National Procurement Laws is inconsistent with the requirements of said paragraphs 3.3 and 3.4 of the Guidelines, the latter shall prevail, including the following: 1. The eligibility of bidders shall be as defined under Section I of the Guidelines; accordingly, no bidder or potential bidder shall be declared ineligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint ventures with national bidders in order to submit a bid. Bidders located in the same province or city as the procuring entity shall not be given preference over bidders located outside that city or province. 2. In addition to the foregoing requirements, equitized Government-owned enterprises in which the Recipient holds less than fifty percent of the shares are eligible to participate, provided that the procuring entity or investment owner does not own shares (or represent the Government's shares) in the enterprise and the governing Board and management team are autonomous from the procuring entity and the investment owner. Military or security units or enterprises established under, reporting directly or indirectly to, or owned wholly or partly by, the Ministry of Defense or the Ministry of Public Security shall not be permitted to bid. 3. Registration shall not be used to assess bidders’ qualifications. A foreign bidder shall not be required to register as a condition for submitting its bid and, if determined to be the lowest evaluated responsive bidder, shall be given reasonable opportunity of registering, without any let or hindrance. Bidding shall not be restricted to any particular class of contractors, and non-classified contractors shall also be eligible to bid.