Common use of Procurement Clause in Contracts

Procurement. Procurement of supplies, works and services to be financed under the Project shall comply with the CEB Procurement Guidelines. The Borrower acting through the PIU shall conduct procurement in accordance with the public procurement laws of the Republic of Serbia. In particular, the Borrower acting through the PIU shall ensure that any party having an interest in obtaining a particular contract to be financed under the Project in accordance with procurement laws of the Republic of Serbia shall have access to the review procedures and remedies provided for under the laws of the Republic of Serbia. Employment or service contracts related to staffing needs of the PIU for the project can be done by the Borrower acting through the PIU in line with special procedures, other than the public procurement law and do not require CEB supervision. To be eligible for financing under the Loan, procurement of works, services and goods carried out in accordance with the above shall be in line with the Procurement Guidelines. In particular, the Procurement Plan (as such term is defined under the Procurement Guidelines) (and any update thereof) indicating the procurement methods for each contract shall be submitted to the CEB for approval. Upon receipt, the CEB will inform the PIU of the scope of review that CEB will carry out for each contract. Environmental and Social Safeguards The Borrower through the PIE and PIU shall implement the Project in conformity with the requirements set forth in the Environmental and Social Safeguards Policy. In particular, should the Project require an Environmental Impact Assessment (EIA) or an Environmental and Social Impact Assessment (ESIA) in accordance with the Environmental and Social Safeguards Policy, the Borrower through the PIU shall notify the CEB and ensure that the EIA/ESIA is undertaken in accordance with the requirements of the Environmental and Social Safeguards Policy. The Borrower, through the PIU shall ensure that any potential complaint concerning land acquired, will be handled in accordance with the Environmental and Social Safeguards Policy. The relevant EIA/ESIA documentation shall be made available to the CEB for review upon request. Human Rights The Borrower through the PIE and PIU shall ensure that the implementation of the Project does not give rise to a violation of (i) the European Convention on Human Rights; or (ii) the European Social Charter. The Borrower, directly or through the PIE and the PIU, undertakes that: it will institute and thereafter comply with internal policies, procedures and controls, in line with applicable legislation and international best practices, for the purpose of preventing the Borrower to become, in connection with the implementation of the Project or otherwise, an instrument for money laundering or terrorism financing; it will not make any Loan proceeds available to or for the benefit of, directly or indirectly, any Sanctioned Person; it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the implementation of the Project a Corrupt Practice, a Fraudulent Practice, a Coercive Practice, a Collusive Practice or an Obstructive Practice (hereinafter, together with money laundering, terrorism financing and making available any Loan proceeds to Sanctioned Persons referred to as the “Prohibited Practices”). For the purposes of this Agreement:

Procurement. Procurement of supplies, works and services to be financed under the Project shall comply with the CEB Procurement Guidelines. The Borrower acting through the PIU shall conduct procurement in accordance with the public procurement laws of the Republic of Serbia. In particular, the Borrower acting through the PIU shall ensure that any party having an interest in obtaining a particular contract to be financed under the Project in accordance with procurement laws of the Republic of Serbia shall have access relation to the review procedures procurement, award and remedies provided for under the laws performance of the Republic of Serbia. Employment or service contracts related to staffing needs of the PIU for the project can be done by the Borrower acting through the PIU in line with special procedures, other than the public procurement law and do not require CEB supervision. To be eligible for financing under the Loan, procurement of works, services and goods carried out in accordance with the above shall be in line with the Procurement Guidelines. In particular, the Procurement Plan (as such term is defined under the Procurement Guidelines) (and any update thereof) indicating the procurement methods for each contract shall be submitted to the CEB for approval. Upon receipt, the CEB will inform the PIU of the scope of review that CEB will carry out for each contract. Environmental and Social Safeguards The Borrower through the PIE and PIU shall implement the Project in conformity with the requirements set forth in the Environmental and Social Safeguards Policy. In particular, should the Project require an Environmental Impact Assessment (EIA) or an Environmental and Social Impact Assessment (ESIA) in accordance with the Environmental and Social Safeguards Policy, the Borrower through the PIU shall notify the CEB and ensure that the EIA/ESIA is undertaken in accordance with the requirements of the Environmental and Social Safeguards Policy. The Borrower, through the PIU shall ensure that any potential complaint concerning land acquired, will be handled in accordance with the Environmental and Social Safeguards Policy. The relevant EIA/ESIA documentation shall be made available to the CEB for review upon request. Human Rights The Borrower through the PIE and PIU shall ensure that the implementation of the Project does not give rise to a violation of (i) the European Convention on Human Rights; or (ii) the European Social Charter. The Borrower, directly or through the PIE and the PIU, undertakes that: it will institute and thereafter comply with internal policies, procedures and controls, in line with applicable legislation and international best practices, for the purpose of preventing the Borrower to become, entered into in connection with the implementation of the Project, the Borrower through MEP shall comply with, and implement, the provisions of the Applicable Procurement Policies and Rules and other provisions stipulated in this Agreement and the Project or otherwise, an instrument for money laundering or terrorism financing; it will not make any Loan proceeds available to or Documents. The Borrower through MEP shall take all actions and steps necessary for the benefit of, directly or indirectly, any Sanctioned Person; it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the effective implementation of the Applicable Procurement Policies and Rules. On behalf of the Lender, the Co-Financier shall issue the no-objection letters in accordance with the Applicable Procurement Policies and Rules. The Borrower through MEP shall submit any amendments to the Project procurement plan relating to contracts financed through the Facility for prior no- objection of the Lender. The bidding documents and/or requests for proposals prepared by the Borrower through MEP for a Corrupt Practicespecific procurement will include references to the Lender in the procurement notices (General Procurement Notice (GPNs), Specific Procurement Notices (SPN), and Requests for Expression of Interest (REOI)) and all other documentation relating to the contracts co-financed by the Borrower. Due to its specific legal and regulatory obligations, the Lender will not finance its respective part of a Fraudulent Practicecontract to a bidder or a consultant who is on any of the EU and French Financial and Commercial Sanctions Lists. The Borrower through MEP will be required by the Co-Financier to modify the standard GPNs, SPNs, REOIs templates to include, in substance, the following: For information purposes only, the following references or website addresses are provided: For United Nations, European Union and French Financial Sanction Lists, the following website may be consulted: ▇▇▇▇▇://▇▇▇▇-▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇/▇▇▇▇ For European Union Embargo, the following website may be consulted: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇/#/▇▇▇▇ The Borrower through the MEP undertakes to: (i) provide the Lender with a Coercive Practicecopy of all evaluation reports (including prequalification report and shortlisting report, as applicable) at the same time they are submitted to the Co-Financier. If the bidder does not meet the Lender’s financing requirements (including eligibility), the Lender will promptly inform the Co-Financier and the Borrower. The Co-Financier and the Lender shall then consult with the Borrower to determine the appropriate course of action; (ii) in case of contracts subject to international competition, publish the procurement notices on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ in addition to any other means of publication as per the Applicable Procurement Policies and Rules; (iii) require a Collusive Practice duly signed AFD’s Covenant of Integrity as set out in Schedule 8 from any applicant, bidder, proposer, or an Obstructive Practice (hereinafterconsultant, together with money launderingwhich shall be deemed to form part of the contract. In cases of non-competitive procurement processes, terrorism financing and making available any Loan proceeds the signed AFD’s Covenant of Integrity shall be annexed to Sanctioned Persons referred to as the “Prohibited Practices”). For the purposes of this Agreement:signed contract.

Procurement. Procurement of supplies, works and services to be financed under the Project shall comply with the CEB Procurement Guidelines. The Borrower acting through the PIU shall conduct all procurement procedures under the Project in accordance with the public procurement laws of the Republic of Serbia. In particular, the Borrower acting through the PIU shall ensure that any party having an interest in obtaining a particular contract to be financed under the Project in accordance with procurement laws of the Republic of Serbia shall have access to the review procedures and remedies provided for under the laws of the Republic of Serbia. Employment or service contracts related to staffing needs of the PIU for the project can be done by the Borrower acting through the PIU in line with special procedures, other than the public procurement law and do not require CEB supervision. To be eligible for financing under the Loan, procurement of works, services and goods carried out in accordance with the above shall be in line with the Procurement Guidelines. In particular, the Procurement Plan (as such term is defined under the Procurement Guidelines) (and any update thereof) indicating the procurement methods for each contract shall be submitted to the CEB for approval. Upon receipt, the CEB will inform the PIU Borrower of the scope of review that CEB will carry out for each contract. Environmental and Social Safeguards The Borrower through the PIE and PIU shall implement the Project in conformity with the requirements set forth in the Environmental and Social Safeguards PolicyPolicy . In particular, should the Project require an Environmental Impact Assessment (EIA) or an Environmental and Social Impact Assessment (ESIA) in accordance with the Environmental and Social Safeguards Policy, the Borrower through the PIU shall notify the CEB and shall submit it for information before utilising CEB funding for the component concerned by the EIA/ESIA. The Borrower through the PIE and PIU shall ensure that the EIA/ESIA is undertaken in accordance with the requirements of the Environmental and Social Safeguards Policy. The Borrower, Borrower through the PIU shall ensure that any potential complaint concerning land acquired, will be handled in accordance with the Environmental and Social Safeguards Policy. The relevant EIA/ESIA documentation shall be made available to for the CEB for CEB’s review upon request. Human Rights The Borrower through the PIE and PIU shall ensure that the implementation of the Project does not give rise to a violation of (i) the European Convention on Human Rights; or (ii) the European Social Charter. The Borrower, directly or through the PIE and the PIU, undertakes that: it will institute and thereafter comply with internal policies, procedures and controls, in line with applicable legislation and international best practices, for the purpose of preventing the Borrower to become, in connection with the implementation of the Project or otherwise, an instrument for money laundering or terrorism financing; it will not make any Loan proceeds available to or for the benefit of, directly or indirectly, any Sanctioned Person; it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the implementation of the Project a Corrupt Practice, a Fraudulent Practice, a Coercive Practice, a Collusive Practice or an Obstructive Practice (hereinafter, together with money laundering, terrorism financing and making available any Loan proceeds to Sanctioned Persons referred to as the “Prohibited Practices”). For the purposes of this Agreement:

Procurement. Procurement of supplies, works and services to be financed under the Project shall comply with the CEB Procurement Guidelines. The Borrower acting through the PIU shall conduct procurement in accordance with the public procurement laws of the Republic of Serbia. In particular, the Borrower acting through the PIU shall ensure that any party having an interest in obtaining a particular contract to be financed under the Project in accordance with procurement laws of the Republic of Serbia shall have access relation to the review procedures procurement, award and remedies provided for under the laws performance of the Republic of Serbia. Employment or service contracts related to staffing needs of the PIU for the project can be done by the Borrower acting through the PIU in line with special procedures, other than the public procurement law and do not require CEB supervision. To be eligible for financing under the Loan, procurement of works, services and goods carried out in accordance with the above shall be in line with the Procurement Guidelines. In particular, the Procurement Plan (as such term is defined under the Procurement Guidelines) (and any update thereof) indicating the procurement methods for each contract shall be submitted to the CEB for approval. Upon receipt, the CEB will inform the PIU of the scope of review that CEB will carry out for each contract. Environmental and Social Safeguards The Borrower through the PIE and PIU shall implement the Project in conformity with the requirements set forth in the Environmental and Social Safeguards Policy. In particular, should the Project require an Environmental Impact Assessment (EIA) or an Environmental and Social Impact Assessment (ESIA) in accordance with the Environmental and Social Safeguards Policy, the Borrower through the PIU shall notify the CEB and ensure that the EIA/ESIA is undertaken in accordance with the requirements of the Environmental and Social Safeguards Policy. The Borrower, through the PIU shall ensure that any potential complaint concerning land acquired, will be handled in accordance with the Environmental and Social Safeguards Policy. The relevant EIA/ESIA documentation shall be made available to the CEB for review upon request. Human Rights The Borrower through the PIE and PIU shall ensure that the implementation of the Project does not give rise to a violation of (i) the European Convention on Human Rights; or (ii) the European Social Charter. The Borrower, directly or through the PIE and the PIU, undertakes that: it will institute and thereafter comply with internal policies, procedures and controls, in line with applicable legislation and international best practices, for the purpose of preventing the Borrower to become, entered into in connection with the implementation of the Project, the Borrower through MEP shall comply with, and implement, the provisions of the Applicable Procurement Policies and Rules and other provisions stipulated in this Agreement and the Project or otherwise, an instrument for money laundering or terrorism financing; it will not make any Loan proceeds available to or Documents. The Borrower through MEP shall take all actions and steps necessary for the benefit of, directly or indirectly, any Sanctioned Person; it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the effective implementation of the Applicable Procurement Policies and Rules. On behalf of the Lender, the Co-Financier shall issue the non-objection letters in accordance with the Applicable Procurement Policies and Rules. The Borrower through MEP shall submit any amendments to the Project procurement plan relating to contracts financed through the Facility for prior no-objection of the Lender. The bidding documents and/or requests for proposals prepared by the Borrower through MEP for a Corrupt Practicespecific procurement will include references to the Lender in the procurement notices (General Procurement Notice (GPNs), Specific Procurement Notices (SPN), and Requests for Expression of Interest (REOI)) and all other documentation relating to the contracts co-financed by the Borrower. Due to its specific legal and regulatory obligations, the Lender will not finance its respective part of a Fraudulent Practicecontract to a bidder or a consultant who is on any of the EU and French Financial and Commercial Sanctions Lists. The Borrower through MEP will be required by the Co-Financier to modify the standard GPNs, SPNs, REOIs templates to include, in substance, the following: UE financial sanctions list ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇ rs-homepage/8442/consolidated-list-sanctions_fr French financial sanctions list ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇- aux-entreprises/sanctions- economiques/dispositif-national-de-gel-des- avoirs UE commercial sanctions list ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇/▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇ _measures-2017-08-04.pdf The Borrower through the MEP undertakes to: (i) provide the Lender with a Coercive Practicecopy of all evaluation reports (including prequalification report and shortlisting report, as applicable) at the same time they are submitted to the Co-Financier. If the bidder does not meet the Lender’s financing requirements (including eligibility), the Lender will promptly inform the Co-Financier and the Borrower. The Co-Financier and the Lender shall then consult with the Borrower to determine the appropriate course of action; (ii) in case of contracts subject to international competition, publish the procurement notices on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ in addition to any other means of publication as per the Applicable Procurement Policies and Rules; (iii) require a Collusive Practice duly signed AFD’s Covenant of Integrity set out in Schedule 7 from any applicant, bidder, proposer, or an Obstructive Practice (hereinafterconsultant, together with money launderingwhich shall be deemed to form part of the contract. In cases of non-competitive procurement processes, terrorism financing and making available any Loan proceeds the signed AFD’s Covenant of Integrity shall be annexed to Sanctioned Persons referred to as the “Prohibited Practices”). For the purposes of this Agreement:signed contract.

Procurement. Procurement of supplies, works and services to be financed under the Project shall comply with the CEB Procurement Guidelines. The Borrower acting through the PIU shall conduct procurement in accordance with the public procurement laws of the Republic of Serbia. In particular, the Borrower acting through the PIU shall ensure that any party having an interest in obtaining a particular contract to be financed under the Project in accordance with procurement laws of the Republic of Serbia shall have access relation to the review procedures procurement, award and remedies provided for under the laws performance of the Republic of Serbia. Employment or service contracts related to staffing needs of the PIU for the project can be done by the Borrower acting through the PIU in line with special procedures, other than the public procurement law and do not require CEB supervision. To be eligible for financing under the Loan, procurement of works, services and goods carried out in accordance with the above shall be in line with the Procurement Guidelines. In particular, the Procurement Plan (as such term is defined under the Procurement Guidelines) (and any update thereof) indicating the procurement methods for each contract shall be submitted to the CEB for approval. Upon receipt, the CEB will inform the PIU of the scope of review that CEB will carry out for each contract. Environmental and Social Safeguards The Borrower through the PIE and PIU shall implement the Project in conformity with the requirements set forth in the Environmental and Social Safeguards Policy. In particular, should the Project require an Environmental Impact Assessment (EIA) or an Environmental and Social Impact Assessment (ESIA) in accordance with the Environmental and Social Safeguards Policy, the Borrower through the PIU shall notify the CEB and ensure that the EIA/ESIA is undertaken in accordance with the requirements of the Environmental and Social Safeguards Policy. The Borrower, through the PIU shall ensure that any potential complaint concerning land acquired, will be handled in accordance with the Environmental and Social Safeguards Policy. The relevant EIA/ESIA documentation shall be made available to the CEB for review upon request. Human Rights The Borrower through the PIE and PIU shall ensure that the implementation of the Project does not give rise to a violation of (i) the European Convention on Human Rights; or (ii) the European Social Charter. The Borrower, directly or through the PIE and the PIU, undertakes that: it will institute and thereafter comply with internal policies, procedures and controls, in line with applicable legislation and international best practices, for the purpose of preventing the Borrower to become, entered into in connection with the implementation of the Project, the Borrower through MEP shall comply with, and implement, the provisions of the Applicable Procurement Policies and Rules and other provisions stipulated in this Agreement and the Project or otherwise, an instrument for money laundering or terrorism financing; it will not make any Loan proceeds available to or Documents. The Borrower through MEP shall take all actions and steps necessary for the benefit of, directly or indirectly, any Sanctioned Person; it will not commit, and no person, with its consent or prior knowledge, will commit, in connection with the effective implementation of the Applicable Procurement Policies and Rules. On behalf of the Lender, the Co-Financier shall issue the non-objection letters in accordance with the Applicable Procurement Policies and Rules. The Borrower through MEP shall submit any amendments to the Project procurement plan relating to contracts financed through the Facility for prior no-objection of the Lender. The bidding documents and/or requests for proposals prepared by the Borrower through MEP for a Corrupt Practicespecific procurement will include references to the Lender in the procurement notices (General Procurement Notice (GPNs), Specific Procurement Notices (SPN), and Requests for Expression of Interest (REOI)) and all other documentation relating to the contracts co-financed by the Borrower. Due to its specific legal and regulatory obligations, the Lender will not finance its respective part of a Fraudulent Practicecontract to a bidder or a consultant who is on any of the EU and French Financial and Commercial Sanctions Lists. The Borrower through MEP will be required by the Co-Financier to modify the standard GPNs, SPNs, REOIs templates to include, in substance, the following: UE financial sanctions list ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇▇_▇▇ French financial sanctions list ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇▇.▇▇/▇▇▇▇▇▇▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇-▇▇▇-▇▇▇-▇▇▇▇▇▇ UE commercial sanctions list ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇/▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇▇_▇▇▇▇▇▇▇▇-▇▇▇▇-▇▇-▇▇.▇▇▇ “Interested bidders or consultants (including sub-contractors or suppliers) are advised that AFD’s decision to finance its respective part of a Coercive Practicecontract will be conditional on meeting AFD’s legal financing requirements relating to EU and French financial and commercial sanctions as set forth in the table below: The Borrower through the MEP undertakes to: (i) provide the Lender with a copy of all evaluation reports (including prequalification report and shortlisting report, as applicable) at the same time they are submitted to the Co-Financier. If the bidder does not meet the Lender’s financing requirements (including eligibility), the Lender will promptly inform the Co-Financier and the Borrower. The Co-Financier and the Lender shall then consult with the Borrower to determine the appropriate course of action; (ii) in case of contracts subject to international competition, publish the procurement notices on the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ in addition to any other means of publication as per the Applicable Procurement Policies and Rules; (iii) require a Collusive Practice duly signed AFD’s Covenant of Integrity set out in Schedule 7 from any applicant, bidder, proposer, or an Obstructive Practice (hereinafterconsultant, together with money launderingwhich shall be deemed to form part of the contract. In cases of non-competitive procurement processes, terrorism financing and making available any Loan proceeds the signed AFD’s Covenant of Integrity shall be annexed to Sanctioned Persons referred to as the “Prohibited Practices”). For the purposes of this Agreement:signed contract.