Common use of Procurement Plan Clause in Contracts

Procurement Plan. MCA-Mongolia shall prepare periodic procurement plans for acquiring the goods, works, and consultant and non-consultant services needed to implement the Compact (each, a “Procurement Plan”). Each Procurement Plan shall be prepared and updated in accordance with the MCC Program Procurement Guidelines. In addition, no later than six months after the Compact is signed, MCA-Mongolia shall develop and implement a bid challenge system (the “BCS”) that provides suppliers, contractors, and consultants that are interested parties the ability to seek review of procurement actions and decisions. The organization, rules, and procedures of such BCS shall be subject to MCC approval. Upon MCC’s approval of the BCS, MCA-Mongolia shall publish the BCS on the MCA-Mongolia website. Fiscal Accountability Plan. Except as MCC agrees otherwise in writing, MCA- Mongolia shall develop and implement a manual (as approved by MCC) setting forth the principles, mechanisms, and procedures (the “Fiscal Accountability Plan”) that MCA-Mongolia shall use to ensure appropriate fiscal accountability for the use of MCC Funding or Government Contribution, including the process to ensure that open, fair, and competitive procedures shall be used in a transparent manner in the administration of grants or cooperative agreements and in the procurement of goods, works and services. The Fiscal Accountability Plan shall also include, among other things, requirements with respect to (a) budgeting, (b) accounting, (c) cash management, (d) financial transactions (receipts and payments), (e) opening and managing Permitted Accounts, (f) personnel and payroll, (g) travel and vehicle use, (h) asset and inventory control, (i) audits, and (j) reporting. The Fiscal Accountability Plan may be revised periodically, subject to review and approval by MCC.

Procurement Plan. MCA-Mongolia shall Nepal will prepare periodic procurement plans for acquiring the goods, works, and consultant and non-consultant services needed to implement the Compact (each, a “Procurement Plan”). Each Procurement Plan shall will be prepared and updated in accordance with the MCC Program Procurement Guidelines. In addition, no later than six months after the Compact is signedenters into force as provided in Article 7 of the Compact, MCA-Mongolia shall Nepal will develop and implement a bid challenge system (the “BCS”) that provides suppliers, contractors, contractors and consultants that are interested parties the ability to seek review of procurement actions and decisions. The organization, rules, rules and procedures of such BCS shall will be subject to MCC approval. Upon MCC’s approval of the BCS, MCA-Mongolia shall Nepal will publish the BCS on the MCA-Mongolia Nepal website. Fiscal Accountability Plan. Except as MCC agrees otherwise in writing, MCA- Mongolia shall MCA-Nepal will develop and implement a manual (as approved by MCC) setting forth the principles, mechanisms, mechanisms and procedures (the “Fiscal Accountability Plan”) that MCA-Mongolia shall Nepal will use to ensure appropriate fiscal accountability for the use of MCC Funding or Government ContributionFunding, including the process to ensure that open, fair, and competitive procedures shall will be used in a transparent manner in the administration of grants or cooperative agreements and in the procurement of goods, works and services. The Fiscal Accountability Plan shall will also include, among other thingsbut not be limited to, requirements with respect to (a) budgeting, (b) accounting, (c) cash management, (d) financial transactions (receipts and payments), (e) opening and managing Permitted Accounts, (f) personnel and payroll, (g) travel and vehicle use, (h) asset and inventory control, (i) audits, and (j) reporting. The Fiscal Accountability Plan may will be revised periodically, subject to review and approval by MCC. M&E Plan. Unless MCC agrees otherwise in writing, no later than ninety (90) days after the Compact enters into force as provided in Article 7 of the Compact, MCA-Nepal will develop and implement an M&E Plan that will serve as the primary governing document for monitoring and evaluation activities for the Program over the Compact Term. The M&E Plan will be developed, implemented and updated in accordance with the MCC M&E Policy. Environmental and Social Performance Plans. In accordance with Section 1.2(b)(iii), MCA-Nepal will ensure that activities undertaken, funded or otherwise supported in whole or in part (directly or indirectly) by MCC Funding comply with the MCC Environmental Guidelines, including the IFC Performance Standards that are incorporated by reference therein. Specifically, MCA-Nepal will: (i) cooperate with or complete, as the case may be, any ongoing Environmental and Social Impact Assessments and, if necessary, undertake and complete any additional environmental and social assessments and analyses, such as Environmental and Social Management Plans, environmental and social audits, resettlement policy frameworks, and resettlement action plans required under the laws of Nepal, the MCC Environmental Guidelines, this Agreement, the Compact, any other Supplemental Agreement or the Program Guidelines, or as otherwise required by MCC, each in form and substance satisfactory to MCC; (ii) ensure that Project or Activity-specific Environmental and Social Management Plans are developed and all relevant measures contained in such plans are integrated into project design, the applicable procurement documents and associated finalized contracts, in each case, in form and substance satisfactory to MCC; and (iii) implement to MCC’s satisfaction appropriate environmental and social mitigation measures identified in such assessments or plans or developed to address environmental and social issues identified during Compact implementation. Social and Gender Integration Plan. To ensure social inclusion and gender integration across the Projects and Activities, address human trafficking, and ensure compliance with the MCC Gender Policy and the MCC Gender Integration Guidelines, MCA-Nepal will develop a comprehensive social and gender integration plan (“Social and Gender Integration Plan”) that, at a minimum, (i) identifies approaches for regular, meaningful and inclusive consultations with women and other vulnerable and/or underrepresented groups; (ii) sets forth strategies for consolidating the findings and recommendations of Project-specific social and gender analyses into final Project designs; (iii) specifies actions to be taken during the Compact Term to meet the social inclusion and gender equality objectives for the Projects; and (iv) ensures, through monitoring and coordination during Compact implementation, that final Activity designs, construction tender documents and implementation plans are consistent with and incorporate the outcomes of the social and gender analyses. MCA-Nepal will, on an annual basis, review and update the Social and Gender Integration Plan as needed to reflect lessons learned and Project-specific analysis. MCC Program Procurement Guidelines and MCC Approval of Grants. In accordance with Section 3.6 of the Compact: (a) MCA-Nepal will comply with the MCC Program Procurement Guidelines in the procurement (including solicitation) of all goods, works and services and the award and administration of contracts in furtherance of the Compact. In addition, the Government will ensure that any bid challenges are conducted in accordance with the MCC Program Procurement Guidelines and the BCS; and (b) Unless MCC otherwise consents in writing, MCA-Nepal will ensure that grants awarded to any non-Government entity in furtherance of the Program are awarded and administered pursuant to an open, fair, and competitive procedure administered in a transparent manner. Notice to Providers; Incorporation. (a) MCA-Nepal will notify all Providers (and all other entities or individuals receiving MCC Funding in connection with the Program) of the requirements of Section 2.7 of the Compact and will include, or ensure the inclusion of, the requirements of Section 2.7 of the Compact in all agreements with a Provider if MCC is not a party to such agreements. (b) MCA-Nepal will include, or ensure the inclusion of, the requirements of: (i) Sections 2.1(c) and 2.8(c) of this Agreement and Section 3.7 of the Compact and paragraphs (b)(i) and (ii), (c), and (d) of Section 3.8 of the Compact in all agreements financed with MCC Funding between the Government or any entity of the Government, on the one hand, and a Covered Provider that is not a non-profit organization domiciled in the United States, on the other hand; (ii) Section 3.7 of the Compact and paragraphs (b)(i) and (ii) and (d) of Section 3.8 of the Compact in all agreements financed with MCC Funding between the Government or any entity of the Government, on the one hand, and a Provider that does not meet the definition of a Covered Provider, on the other hand; (iii) Section 3.7 of the Compact and paragraphs (b)(i) and (ii), (c), and (d) of Section 3.8 of the Compact in all agreements financed with MCC Funding between the Government or any entity of the Government, on the one hand, and a Covered Provider that is a non-profit organization domiciled in the United States, on the other hand; and (iv) Section 3.7 of the Compact and paragraphs (b)(iii), (c) and (d) of Section 3.8 of the Compact in all agreements financed with MCC Funding between the Government or any entity of the Government, on the one hand, and a non-U.S. Covered Provider, on the other hand. Reports; Notices. (a) Unless MCC agrees otherwise in writing, MCA-Nepal will periodically provide to MCC, in form and substance satisfactory to MCC, the reports and information required by the Reporting Guidelines (each, a “Periodic Report”). MCA-Nepal will provide the Periodic Reports to MCC on the schedule specified in the Reporting Guidelines, and the Periodic Reports will be consistent with the Reporting Guidelines in all respects. (b) On October 30 of each year of the Compact Term (or within thirty (30) days of any written request by MCC), MCA-Nepal will provide to MCC an annual supplemental report containing the following information: (i) the progress made by the Government toward achieving the Compact Goal and Project Objectives; (ii) additional information on accomplishments not presented in the Periodic Reports; (iii) developments in Compact implementation related to the consultative process, donor coordination, and lessons learned; and (iv) any report or document required to be delivered to MCC in connection with the Program under the MCC Environmental Guidelines (including the IFC Performance Standards that are incorporated by reference therein), any Audit Plan, or any Implementation Plan Document. (c) MCA-Nepal will furnish, or use its best efforts to furnish, to MCC an audit report in a form satisfactory to MCC for each audit required under the Compact, other than audits arranged for by MCC, no later than ninety (90) days after the end of the period under audit, or such other time as may be agreed by MCC from time to time. (d) If at any time during the Compact Term, the Government materially reallocates or reduces the allocation in its national budget or any other governmental authority of Nepal at a departmental, municipal, regional, or other jurisdictional level materially reallocates or reduces the allocation in its budget of the normal and expected resources that the Government or such governmental authority, as applicable would have otherwise received or budgeted, from external or domestic sources, or fails to timely distribute an allocation budgeted for the activities contemplated under the Compact or the Program, the Government, acting through MCA-Nepal, must notify MCC in writing within thirty (30) days of such reallocation, reduction, or failure to distribute, such notification to contain information regarding the amount of the reallocation, reduction, or failure to distribute, the affected activities, and an explanation for the reallocation or reduction.

Procurement Plan. MCA-Mongolia shall Morocco will prepare periodic procurement plans for acquiring the goods, works, and consultant and non-consultant services needed to implement the Compact (each, each a “Procurement Plan”). Each Procurement Plan shall will be prepared and updated in accordance with the MCC Program Procurement Guidelines. In addition, no later than six months after the Compact is signedenters into force as provided in Article 7 of the Compact, MCA-Mongolia shall MCA- Morocco will develop and implement a bid challenge system (the “BCS”) that provides suppliers, contractors, contractors and consultants that are interested parties the ability to seek review of procurement actions and decisions. The organization, rules, rules and procedures of such BCS shall will be subject to MCC approval. Upon MCC’s approval of the BCS, MCA-Mongolia shall Morocco will publish the BCS on the MCA-Mongolia Morocco website. Fiscal Accountability Plan. Except as MCC agrees otherwise in writing, MCA- Mongolia shall Morocco will develop and implement a manual (as approved by MCC) setting forth the principles, mechanisms, mechanisms and procedures (the “Fiscal Accountability Plan”) that MCA-Mongolia shall Morocco will use to ensure appropriate fiscal accountability for the use of MCC Funding or Government ContributionFunding, including the process to ensure that open, fair, and competitive procedures shall will be used in a transparent manner in the administration of grants or cooperative agreements and in the procurement of goods, works and services. The Fiscal Accountability Plan shall will also include, among other things, requirements with respect to (a) budgeting, (b) accounting, (c) cash management, (d) financial transactions (receipts and payments), (e) opening and managing Permitted Accounts, (f) personnel and payroll, (g) travel and vehicle use, (h) asset and inventory control, (i) audits, and (j) reporting. The Fiscal Accountability Plan may be revised periodically, subject to review and approval by MCC.audits and‌