PROJECT OPERATIONAL MANUAL FOR INDIA CAPACITY BUILDING FOR INDUSTRIAL POLLUTION MANAGEMENT PROJECT October 2010 1 February 6, 2016 ABBREVIATIONS AND ACRONYMS APPCB CBIPMP CPCB ECAC ESA ESMF GPN ICB ICR IUFR KIE KMC LIU NPRPS NCB NMK PAD PDO PIU PMC POC POC PAO PQRA SPCBs SSRA SoE TOR TEP WBPCB Andhra Pradesh Pollution Control Board Capacity Building for Industrial Pollution Management Project Central Pollution Control Board Environmental Compliance Assistance Centers Environmental and Social Assessment Environment and Social Management Framework General Procurement Notice International Competitive Bidding Implementation Completion Report Interim Unaudited Financial Report Katedan Industrial Area Kolkata Municipal Corporation Local Implementation Unit National Plan for Rehabilitation of Polluted Sites National Competitive Bidding Noor Mohammad Kunta Lake Project Appraisal Document Project Development Objective Project Implementation Unit Program Management Consultants Project Oversight Committee Project Oversight Committee Pay and Accounts Officer Preliminary Quantitative Risk Assessment State Pollution Control Boards Site Specific Risk Assessment Statement of Expenditure Terms of Reference Technical Evaluation Panel West Bengal pollution Control Board 2 February 6, 2016 TABLE OF CONTENTS SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX ANNEXES Annex I Project Operations Manual Project Description Ministry of Environment and Forests Andhra Pradesh Pollution Control Board West Bengal Pollution Control Board Environment and Social Management Framework Procurement Procedures Financial Management Monitoring and Evaluation Framework Governance Accountability Action Plan 5 6-9 10-19 20-28 29-38 39-43 44-60 61-69 70-74 75-80 Results Framework 81-86 Annex II Format for Annual Work Plan Proposal of SPCBs 87 Annex III Format for Annual Work Plan Proposal of MOEF 88 Annex IV 89 Annex V Format for Quarterly Interim Unaudited Financial Reports Form of Utilisation Certificate Annex VI Indicative Chart of Accounts 91 -92 Annex VII MOEF Project Management: Job Descriptions and Procedures 93-94 Annex VIII Terms of Reference: FM at MOEF 95-96 Terms of Reference: External Financial Audit of Project Financial Statements 97-98 Annex IX 3 February 6, 2016 90 PROJECT OPERATIONS MANUAL 1. Environmental sustainability is likely to be the next greatest challenge on India’s development path, adding to the list of priority needs to reduce disparity, eliminate poverty and promote social cohesion. Experts also believe that manufacturing sector will play an important role in future economic growth, where cleaner production and minimizing waste are likely to define the sustainability of industrial growth. With regards to hazardous waste management, illegal and clandestine dumping of industrial waste is a common practice in many states. While a large number of chemically contaminated sites exist in the country, the regulating authorities face number of challenge before formulating a national level strategy. These challenges include a) a lack of sufficient information on the quality and risks of legacy pollution and accumulated waste; b) no methodology for risk assessment to help establish priorities in clean up investments; c) absence of effective tracking system for monitoring the process and enforcement of regulations to prevent secondary contamination; d) limited public awareness of the health risks; and e) underdeveloped common infrastructure for safe containment or disposal of hazardous waste. 2. The Capacity Building and Industrial Pollution Management (CBIPM) project will help the GOI to build capacity at the state and central level, and develop a framework to address these issues in a comprehensive and systemic manner under an area-wide management approach. The proposed project is aligned with the endeavor of the GOI to establish a National Program for Rehabilitation of Polluted Sites (NPRPS) as a framework for scaling up the clean up and rehabilitation of polluted sites and facilitate the reduction of environmental and health risks associated with legacy polluted sites. 3. The Project Operational Manual (POM) comprises the following sections outlining the project components and roles and responsibilities of the different implementing agencies, procedures for development of investment plans for remediation of contaminated sites including implementation arrangements for coordination between sector agencies and local governments and procedures for financial management and procurement. It also provides details of reporting processes and details regarding implementation and monitoring of project and activity level plans, including those detailed in the Environmental and Social Management Framework (ESMF). 4 February 6, 2016 SECTION I PROJECT DESCRIPTION I. Project Objectives: 1. The development objective of the project is (i) to build tangible human and technical capacity in selected state agencies for undertaking environmentally sound remediation of polluted sites (ii) to support the development of a policy, institutional and methodological framework for the establishment of a NPRPS. 2. The project will achieve its objective by (a) using a project-based learning approach and providing support to effective knowledge dissemination; (b) supporting the NPRPS by putting together a methodological framework for inventorying of polluted sites, assessing social costs and benefits, public health and ecosystem risks, best practice assessments of contaminated sites and implementation of plans for cleanup/remediation, in accordance with the intended land use or containment of pollution whichever is feasible; (c) undertaking prototypical investments in remediation of hazardous waste and old dump sites suitable for scaling up; and (d) providing support for improved industrial compliance in project areas. 3. The project will also promote inclusion of key stakeholders in planning and implementation of project investments, and partnerships for improved environmental conditions of community neighborhoods around the polluted sites. The project will support measures for public awareness and community education to prevent secondary contamination of the sites and behavioral changes. In order to make the project impact tangible it would be translated into measurable project outcome indicators. 4. The key performance outcome indicators supporting the Project Development Objective (PDO) are: i. ii. iii. Supporting the NPRPS by developing a methodological framework for inventorying polluted sites, establishing ‘best practice’ solutions and engaging multiple stakeholders in the implementation, including cost recovery mechanisms. An Environmental Compliance Assistance Center has been established and fully functional by end of year two in West Bengal and by end of year four in Andhra Pradesh Water quality and soil characteristics at the pilot sites comply with national standards and mechanisms established to monitor in the long term. 5 February 6, 2016 iv. v. Clean up/remediation technologies have been piloted at orphan sites in selected states and a network of state PCBs established by MoEF for knowledge dissemination and project based training. Guidelines and standards for remediation developed and supervisory capacity of technical staff at environment agencies to implement remediation plans and monitor environmental conditions strengthened. II. Project Components 5. Project investments are organized in the following components: 5.1 Component 1- Strengthening of Environmental Institutions: Building Capacity for addressing pollution remediation at state: (US$ 16.74 Million): The objective of this component is to strengthen and integrate the institutional framework, including regulatory policies, management practices, compliance incentives, and performance guidelines, for central and state governments in the remediation of polluted sites. Sub-component 1.a: National Program for the Rehabilitation of Polluted Sites (US$3.44 Million). This sub-component will support the MOEF in the development of the National Program for Rehabilitation of Polluted Sites (NPRPS) Sub-component 1.b: Environmental Compliance Assistance Centers (ECACs) (US$ 5.21 Million). This sub-component will support the establishment of ECACs in the states of AP and WB to pro-actively promote and assist industries with environmental compliance in pollution management Sub-component 1.c: Institutional Capacity Building of State Pollution Control Boards (US$8.09 Million). This sub-component will focus on providing technical assistance and building technical knowledge and skills of SPCBs in conducting risk assessments and guiding remediation actions and for inventorying and characterization of hazardous waste and illegal dumpsites, assessment and preparation of priority contaminated sites, and regulatory best practices and incentive based approaches and stakeholder involvement. 5.2 Component 2 - Investments in Priority Remediation and Environmental Improvements: Rehabilitation of legacy hazardous waste sites: (US$ 52.80 Million). The component will demonstrate remediation which minimizes to acceptable and safe levels the environment and health risks by containing the migration of the heavy metal and chemical bearing of contaminated soil and groundwater. This component will support AP and WB in the development and implementation of area-based plans which include remediation of orphan polluted sites and/or old municipal dumps (two in each state listed below) and measures for overall environmental improvements in the area and better compliance of the nearby industrial units: Site A: Remediation of Noor Mohammad Kunta, Katedan Industrial Area (KIE) in Ranga Reddy District, Andhra Pradesh (US$ 30.93 Million) Site B: Remediation of the Dumpsite in Kadapa, Andhra Pradesh (US$ 3.82 Million) 6 February 6, 2016 Site C: Remediation of Dhapa - old municipal dump site adjacent to East Kolkata Wetlands, West Bengal (US$8.00 Million). Site D: Remediation of seven (7) chemically contaminated sites in the District of Hooghly, West Bengal (US$10.06 Million) 5.3 Component 3: Project Management. (US$5.85 Million). The project governance structure is designed to ensure effectiveness and transparency of implementation and compliance with Bank fiduciary requirements. A brief description of the institutional and implementation frameworks of this project is provided below and detailed descriptions at central and state levels are provided in their respective sections. III. Institutional and Implementation Arrangements 6. The Ministry of Environment and Forests at New Delhi will be the implementing agency at the central level for the project, with the overall responsibility for its management and implementation. A Project Director at MOEF will provide oversight of project implementation and will be supported by a team of Management Consultants (MC). The MOEF will be responsible for development of the NPRPS and will have an oversight role on the state-level activities. 7. MOEF will establish a Project Oversight Committee to provide overall policy guidance and direction to the project and will also have a panel of technical experts (Technical Evaluation Panel) which will provide quality technical inputs during project implementation and specifically with regard to preparation of remediation guidelines and clean-up standards. 8. At state levels, Project Implementation Units, with Project Directors have been established in the state PCBs for the responsibility for day to day project implementation and coordination with other stakeholder agencies. Project Steering Committees will oversee the implementation of projects activities in each state, for which the PIUs will serve as Secretariat. IV. Monitoring and Evaluation of Outcomes and Results 9. A results framework, detailed in Annex I, will serve as the main tool for assessing the effectiveness of the Project during implementation and measuring final outcomes after project completion. The main outcome will be mitigation of health hazards from toxic pollution, which poses risks to community and ecology, reduced soil contamination in the immediate neighborhood, an improved employment situation during remediation, potential cost savings with lower incidence of environment related disease. V. Project Costs 10. The total cost of the Project including contingencies is US$ 75.39 million, as shown in the table below. The project will be implemented over a period of five years (2008-2013) 7 February 6, 2016 in accordance with the Project Implementation Schedule. A mid-term review will be carried out in 2013 Costs Incl. Cont. & Taxes Description Component 1: Strengthening of Environmental Institutions: Building capacity for addressing pollution remediation Component 2: Investments in Priority Remediation and Environmental Improvements: Rehabilitation of orphan hazardous waste sites and municipal dumpsites Component 3: Project Management Total: 8 February 6, 2016 Foreign US$ Mill Local US$ Mill Total US$ Mill 3.21 13.53 16.74 1.07 0.00 51.73 5.85 52.80 5.85 4.28 71.11 75.39 SECTION II MINISTRY OF ENVIRONMENT AND FORESTS I. Institutional and Implementation Arrangements 1. The MOEF is the implementing agency at the central level, with the overall responsibility for its management and implementation. It has the primary role for overall project oversight and coordination, and specifically for developing the national framework for scaling up the remediation of polluted sites across other states through activities for development of methodological framework, guidance to states on site assessment, application of remediation standards, monitoring of results and dissemination of best practices. Project Director 2. The MOEF has designated a Project Director (PD) who will be responsible to coordinate implementation of activities at central level and provide guidance to the state PIUs. The responsibilities of the PD will include overall supervision of the project, development and establishment of the NPRPS, national capacity building, outreach and communications, progress reporting, liaison with participating states and agencies as well as fiduciary, administrative and procurement for centrally managed activities. 3. The Project Director will be responsible for supervision of the Project and will perform the following core functions: Project Management; Outreach and communications; Procurement for the MoEF managed Capacity building activities, Organize and implement the capacity building activities by identifying and contracting appropriate agencies; taking responsibility of the procurement and contract management, recording and supervision of activities. Financial accounting and reporting, Liaise with participating States and agencies. Project Management Consultants (PMC) 4. To support the Project Director, MoEF will hire a consulting firm which will function as Proggram Management Consultants (PMC) for the project. The PMC will have adequate resources to produce the deliverables and functions expected of the MoEF. The PMC will put together a team of consultants along with support staff, so that MOEF can discharge its responsibilities. The team of PMC will include Technical Specialists with experience in hazardous and solid waste management, financial specialist, and Procurement specialist, a Monitoring and Evaluation specialist and adequate number of support staff. TORs for the management consultants will be completed and they should be in place by October 1, 2010. TOR for PMC is provided in the Annex. 9 February 6, 2016 5. The functions of PMC will include the following: Provide on-going secretarial and administrative support to the POC and PD Support the PD in implementing the central level activities including capacity building activities, procurement and financial management of the project Support the PD in activities related to the development of the NPRPS Establishing a preliminary inventory of contaminated sites (this would be based on MOEF/SPCB data, information from legal proceedings, environmental monitoring & enforcement agencies, complaints from Non-Governmental Organizations (NGOs), local communities etc.) Determining how serious a threat these sites present in human health and environmental terms (based on site details, e.g., the nature of the contamination, their location, their proximity to human activity and environmentally sensitive areas, or to pathways (rivers and groundwater) leading to human activity or environmentally sensitive areas; PMC will monitor preparation of individual technical guidelines simultaneously by other Consultants with appropriate technical skill sets and these will be selected through appropriate selection process by the PMC, as part of the plan development process. These include o Development of Guidelines for Phase I/II/III; o Development of Cleanup Standards; o Development of Risk Decision Making Models - SSRA/ PQRA. Project Oversight Committee 6. Given the close linkages between the envisioned activities, the MOEF will establish an inter-ministerial Project Oversight Committee (POC) to provide oversight and policy guidance and to build consensus among project stakeholders on major policy and implementation issues. The POC will be chaired by Secretary, MOEF or a designated official in his absence. It will include members from the Central Pollution Control Board, Planning Commission, Department of Economic Affairs, Ministry of Urban Development and Industry, CSIR Laboratories, academia etc. The Chairpersons of the state Project Steering Committees where clean up/remediation investments (AP and WB) will be also be members of this Committee. 7. The POC will be responsible for the following: Providing overall policy guidance and direction to the project Approving national level plans for capacity building and annual progress report prepared by MOEF Participating and approving national strategy and plans for remediation of contaminated sites Provide guidance on approval and adopting a methodological framework for risk-based assessment and clean-up of contaminated sites in the country Providing strategic support and guidance to program implementation Approve guidelines and clean-up standards 10 February 6, 2016 8. Support to the POC will come in the form of: (i) secretariat services by the PMC, including the preparation of meeting minutes and circulation of agendas, management of documents and relevant data, etc.; and (ii) if required, ad hoc technical assistance to provide the membership with the adequate knowledge and exposure to make carefully informed decisions and recommendations on matters put before the Committee. Technical Evaluation Panel 9. On technical and scientific matters, the POC will be supported by a Technical Panel (TEP). MOEF will also identify a panel of technical experts, who will provide quality technical inputs during project implementation and evaluate proposals for the respective components, specifically with regard to preparation of remediation guidelines and clean-up standards. Members of the TEP will be drawn from academia, industry associations, CPCB, relevant Ministries and individual experts both national and international. TEP will consist of a team of technical experts drawn from a set of international and national technical specialists. Preferred membership is about 4-5 external technical specialists along with PD and MC Project Manager. 10. Core Functions of TEP would be to: Review the RFP and tenders submitted for various components and approve selection; Review of deliverables like the regulations, standards, guidelines and other technical documents; provide inputs and comments; and approve for adoption. Provide technical leadership in project implementation by bringing in innovative ideas and suggestions; and Visit project sites for implementation review and appraisal. Organizational Chart of MOEF: Project Oversight Committee (POC) Technical Evaluation Panel (TEP) Project Director AP PCB WB PCB Project Coordinator Program Management Consultants II. Responsibilities of MOEF: 11 February 6, 2016 11. The primary role of MoEF will be overall project oversight and coordination. Its key responsibility will be in implementing Component 1 - Subcomponent 1.a: National Program for the Rehabilitation of Polluted Sites. MOEF will have an oversight role on the activities which will be implemented directly by the States of West Bengal and Andhra Pradesh. These include Component 1: Sub-components 1.b and 1.c and Component 2. Component 1: Sub-component 1.a: Support to the development of National Program for the Rehabilitation of Polluted Sites (US$3.44 Million). The following figure illustrates the activities under the NPRPS. 12 February 6, 2016 KEY ACTIONS BY MOEF Develop methodology for identification, remediation of polluted sites and setting up standards and guidelines based on international & national best practice review OBJECTIVE ACTIVITES This activity involves developing the methodologies for– • Site identification, categorization, prioritization based on the level of risk posed by the contamination • preliminary and site specific risk assessment methodologies, • sampling protocols and standards • assessment and preparation of priority contaminated sites • guidelines for conducting risk assessment and standards for risk assessment and communication. 1. Methodology for Risk Assessment, including guidelines for the preparation of remediation plans 2. Standards/Criteria/Post-monitoring Protocols for Remediation based on soil, land use ambient air/water conditions 3. Remediation technologies, including inventory of existing remediation technologies within country and international 4. Random checks and inspections of hazardous waste dump sites in states including development of checklist and protocols 5. Consultancy for the preparation of National Rehabilitation Plan 6. Technical assistance for project preparation of contaminated HW dumpsites in 5 priority states 7. Prepare inventory of best available remediation technologies and strategies within the country and internationally 8. Assess and strengthen existing national and state programs, introduce and adopt international best practices, and exchange program with international practitioners, such as the USEPA 9. Inventory and mapping of polluted sites by updating list and information on hazardous waste dumpsites in consultation with SPCBs and CPCB for NPRPS 10. Lessons learned from pilot remediation sites and incorporated as best practices in the development of the NPRPS. 13 February 6, 2016 Training and technical assistance for strengthening capacity of SPCBs 1. Establish network of SPCBs to launch national training programs Capacity to be built in areas such as source identification, risk assessment, planning, monitoring, inspection and enforcement of hazardous waste sites. 14 February 6, 2016 1. Source identification, inventorization, and characterization of HW dumpsites (2 from 11 SPCB, 8 CPCB/MoEF) (Training) 2. Risk assessment of HW dumpsites, including methodology, sampling, analysis, and preparation of remediation plans NPRPS - (Training) 3. Statistical Methods for Interpretation and Validation of Data (Training) 4. Transport and Fate of Contaminant in Soil and Ground Water - (Training) 5. Innovative Remediation Technologies and Methodologies, focusing on international best practices (study tour) (Training) 6. Innovative Remediation Technologies and Methodologies (Training) 7. Operation, maintenance, and closure of MSW landfills focusing on international best practices - (Training) 8. Transport and Fate of Contaminant in Soil and Ground Water - (Training) 9. Innovative Remediation Technologies and Methodologies, focusing on international best practices (study tour) (Training) 10. Innovative Remediation Technologies and Methodologies (Training) 11. Operation, maintenance, and closure of MSW landfills focusing on international best practices - (Training) 12. Inspection and enforcement of the hazardous waste including the material balance for the production of hazardous waste (Training) 13. Implementation of Remediation Processes based on Cost Benefit Analysis (NPRPS) - (Training) Legal, regulatory & policy review and preparation of NPRPS framework A regulatory framework is required with: • laws, rules, regulations, guidelines and provisions for charging penalties/ to seek compensation to polluters; • set of guidelines, standards and directions to which the sites should be cleaned up • methodologies for identification, investigation, cleanup, technology assessments, risk assessments, and acceptance of “cleaned sites – record of site conditions” etc. Formulate strategy for preventing future land contamination; This will include strategies and guidance for: • continuous monitoring of industrial areas • compliance management of wastewater and industrial waste discharges • monitoring and compliance by States. Develop Institutional and financial mechanism for establishing NPRPS The Institutional setup will include administrative setup, organizational setup, roles and responsibilities for implementation and oversight of NPRPS Innovative strategies involving financial institutions and insurance companies using market based instruments for developing prevention programs. Assessment of Private sector involvement into the long term remediation financing and land use 15 February 6, 2016 Long term Project Structuring Strategy for: • long term framework for state and centre strategy for project identification, justification and financing • system of prioritizing sites and financing mechanism for contaminated sites; • implementation of polluter pays principle and penalties and recovery of remediation costs as part of the overall strategy of financing. • Long term financing strategy of remediation of polluted sites • regulatory best practices and incentive based approaches and stakeholder involvement, 16 February 6, 2016 III. Project Budget for MOEF Description of Services Estimated Cost Incl Cont. & Taxes (in 000 US$) Management consultants for managing and monitoring the CBIPMP for MoEF Development of methodology for identification, remediation of polluted sites and setting up standards and guidelines based on international & national best practice review. Institutional and financial mechanism for establishing NPRPS Training program on implementation of NPRPS Training on Remediation Technologies and Methodologies, focusing on international best practices (study tour) Training on Remediation Technologies and Methodologies (NPRPS) Training on Operation, maintenance, and closure of MSW & hazardous waste landfills focusing on international best practices Legal, regulatory & policy review and preparation of NPRPS framework Inventory and mapping of polluted sites Training on Implementation of Remediation Processes based on Cost Benefit Analysis(NPRPS) Training on Inspection and enforcement of the waste management regulations Sub-total: Office goods & equipment Laboratory Equipments: Sub-total: 17 February 6, 2016 766.99 848.63 199.72 106.85 114.35 91.48 195.83 299.57 746.60 97.88 97.88 3565.78 52.31 643.20 695.52 SECTION III ANDHRA PRADESH POLLUTION CONTROL BOARD (APPCB) I. Institutional and Implementation Arrangements 1. An appropriate project governance structure has been established in AP to ensure coordinated implementation, effectiveness, accountability, oversight and transparency of implementation. The AP Pollution Control Board (APPCB) shall be responsible for coordination and implementation of project activities at state level and reporting to MoEF. The Member Secretary of APPCB has been nominated by the State Government of Andhra Pradesh to be the Project Director for the project. Project Implementation Unit (PIU): 2. The overall responsibility for project execution will lie with the qualified Project Implementation Unit (PIU) based in Hyderabad. The PIU will be established at the APPCB and will be headed by the Project Director. The PIU will have the responsibility for day to day project implementation and coordination with other stakeholder agencies. It will serve as Secretariat for the Steering Committee through the Member Secretary, APPCB who is the member convener of the Steering Committee and the State Director for the Project. 3. The PIU will ensure that procurement, financial management and disbursement aspects of the project are fully consistent with applicable Bank guidelines and shall function under the Member Secretary, APPCB. 4. The PIU will include a Project Director, two Technical staff, a Procurement Specialist, a Procurement Assistant, a Monitoring and Evaluation Specialist, a Financial Specialist, a Financial Assistant, a Communication Specialist and a Social and Environment Specialist along with some support staff. The staff will be selected following Bank procurement procedures for the selection of consultants. The PIU will be supported by two Local Implementation Units (LIUs), located in Hyderabad and Kadapa and responsible for coordinating the day-to-day activities under their 18 respective components. The job descriptions of the staff of PIU, procedures of recruitment and roles of committees at state level are given in Annexure - I. CBIPM Cell at APPCB: 5. APPCB has constituted a CBIPM Cell on 25th October, 2008 from its technical, scientific and financial staff to oversee and assist in the day to day project implementation, provide overall supervision of PIU functioning and support evaluation of proposals for the respective components and help co-ordination with other stakeholder agencies. The CBIPM Cell consists of the following employees of APPCB: (i) Joint Chief Environmental Scientist (ii) Joint Chief Environmental Engineer (CPC & MSW) (iii) Joint Chief Environmental Engineer (Zonal office, Kurnool) (iv) Chief Accounts Officer (v) Senior Environmental Engineer (HWM) (vi) Environmental Engineer (CPC) (vii) Assistant Environmental Engineer (viii) Procurement Specialist - Analyst Gr-I, Central Laboratory and (vii) Support staff of one data entry operator and one office subordinate. These APPCB employees will perform the above duties in addition to their regular duties. 6. The PIU and the CBIPM Cell will appoint selection committees for contracts below Bank’s prior review, and decide on priority list of temporary employment (public works) projects eligible for financing under Component B. Local Implementation Unit (LIU): 7. Local Implementation Unit (LIU), headed by either Technical Specialist or Environmental and Social Specialist along with representatives of municipalities / industrial area local authority, regional offices of APPCB, NGOs and District administration will oversee the project implementation on the ground at both the sites located in Hyderabad and Kadapa. Project Steering Committee 8. A State Project Steering Committee will be established under the chairmanship of the Secretary, Department of Environment, to oversee the implementation of projects activities in the state. The Member Secretary, APPCB will be the member convener and membership will be as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Special Chief Secretary , E.F.S&T Dept Prl. Secretary, Finance Dept., Prl. Secretary, Industries Dept., Prl. Secretary, MA & UD Chairman & MD, APIIC Commissioner, Hyderabad Metropolitan Development Authority Commissioner and Director, Municipal Administration Director, National Geo-physical Research Institute (NGRI), Hyderabad Member Secretary, APPCB Project Director, PIU 19 Chairman Member Member Member Member Member Member Member from Academia Member Convenor Special Invitee 9. The functions of the PSC will be as follows: Review and monitor project implementation and achievement of project performance indicators; Providing strategic support and guidance as well as coordinating with different government departments and agencies; Approving overall human and financial resource requirement for State wide implementation of remediation plans; Defining and reformulating project strategies based on emergent experience from project implementation; Approve bi-annual progress reports of APPCB II. Project Components: 10. The following activities will be implemented by APPCB under the project: Component 1: Strengthening Environmental Institutions: Building Capacity for Remediation o Sub-component 1.b: Environmental Compliance Assistance Centers o Sub-component 1.c: Institutional Capacity Building of State Pollution Control Boards Component 2: Investments in Priority Remediation and Environmental Improvements in orphan hazardous waste sites and municipal dumpsites Component 3: Project Management 11. Component 1, Sub-component 1.b: The establishment of an Environmental Compliance Assistance Center (ECAC) will be explored as a way to promote increased environmental compliance of industry, particularly small and medium size enterprises, in meeting the national and state regulatory requirements. In order to better assess the existing institutional structure for 20 providing compliance assistance in Andhra Pradesh and to learn from the West Bengal and other international models, the APPCB will undertake an analytical study and reach out to the affected stakeholders. 12. Component 1, Sub-component 1.c: This component will provide technical and infrastructural support to laboratories of the APPCB besides institutional capacity building for inventorization and characterization of hazardous and municipal solid waste generated in the state, assessing public health and ecosystem risks and economic, social and environmental benefits derived from project activities. 13. The APPCB will require specialized technical expertise to support the monitoring of demonstration sites under the project and to develop the hazardous waste remediation and rehabilitation program in the state. The APPCB will require specialized laboratory equipment, GIS mapping (software), and other equipment to analyze data from demonstration sites, monitor environmental impacts, and develop the hazardous waste remediation and rehabilitation program in the state. The technical equipment will include the following items: Gas chromatographer – MS-MS; bomb calorimeter; Atomic absorption spectrophotometer and required lamps; Solid waste extraction assembly, concentrator for organic extractor; Sampling apparatus for POP’s, VOC’s, dioxin, and furan; Microwave digestive units, sediment depth samplers; Network devices for GPS, GIS mapping of hazardous waste units. 14. The APPCB will require technical training to support the effective utilization and analysis of data from acquired laboratory equipment, and to strengthen the capacity in management and remediation of hazardous waste. 15. The detailed activities under Component 1 and their outcomes are detailed below: Component Technical Assistance for APPCB • • • • Activities Inventorisation and characterization of hazardous waste ; Mapping of hazardous waste units, illegal hazardous waste dumpsites, and municipal waste dumpsites; Pre-feasibility study of contaminated soil and groundwater from hazardous waste at targeted priority sites; Environmental and social impact assessment of municipal solid waste 21 Expected Outcome Inventory of Hazardous waste generators and quantities; Inventory of illegal dumpsites for industrial waste; Inventory of municipal dumpsites; ESIA of municipal Component Activities dumpsites. Infrastructure • Support for APPCB Procurement of necessary sampling and Analytical equipment, specialized laboratory equipment, GIS mapping, and other equipment to analyze data from demonstration sites, monitor environmental impacts, and develop the hazardous waste remediation and rehabilitation program in the state. Environmental • Analytical study of existing institutions in Compliance AP that provides compliance assistance. Assistance • Identification of innovative international Center (ECAC) models, and recommendations for integrating international models within the Andhra Pradesh context; • Study tour to visit the West Bengal ECAC and to meet with key stakeholders in West Bengal; • Workshop to introduce international compliance assistance models to key stakeholders; • Workshops to involving diverse stakeholders in vision and action planning regarding ways to strengthen the institutional models for environmental compliance; • Published reports of workshop proceedings for interested stakeholders, government ministries, and the public. Technical Training of the staff in Training for • Application and interpretation of data APPCB from all acquired laboratory equipments; • Quality assurance protocols for SPCB laboratories, statistical methods for data interpretation and validation; • Hazardous waste testing, finger printing TCLP, and identification protocols and standards; • Tools and methods used to identify and 22 Expected Outcome waste dumpsites. Infrastructure facilities in the laboratories of the APPCB will be upgraded. Setup ECAC in AP. Technical training for building the capacities of the staff to support the effective utilization and analysis of data from acquired laboratory equipment, and to strengthen the capacity in management and Component Activities Expected Outcome characterize legacy sites; remediation of waste • Remediation technologies for dump sites. contaminated sites; • Transport and fate of contaminants in soil and groundwater; • Inspection and enforcement of hazardous waste management at industries – generation, operations, storage, transportation, treatment and disposal; • Municipal waste landfills – operations and monitoring for compliance; LFG venting and utilization and leachate treatment and management; Impact of MSW Dumpsites on Environment (15 Corporations) Inventorization and Characterization of HW categories & ewaste and GPS works Assessment of contaminated soil and ground water near illegal dumps 16. Component 2: Project demonstration activities will be implemented in pilot sites in Andhra Pradesh which have been identified due to their advanced state of readiness. Project investments for remediation will be defined on the basis of area-wide Management Plans focusing on hazardous waste and old solid waste dump legacy sites, where the plans will be developed and implemented with stringent social and environmental safeguards in place. 17. Site A: Remediation of Noor Mohammad Kunta Lake: This component includes a step-wise areabased management approach consisting of near-term remediation of apparent risks and implementation of remedial measures of soil, ground water, surface water and sediment contamination of NMK lake. Long term impact assessment and remediation strategy is also planned along with a Monitoring and Control strategy. 18. Site B: Closure and containment of Kadapa Municipal Solid waste site: This component includes clearing the existing municipal solid waste dump yard in Kadapa Muncipal Corporation, reducing the risks from contamination and exposure to health hazard and providing improved air quality and ambient environment for the communities near the site. 19. The activities under this component and the outcomes are as detailed below: 23 Site A: NMK Lake Activity Activities/ Consultancies Detailed reassessment/ engineering Study, bid document preparation and supervision Outcome Remedial Options Study along with Site Specific Risk Assessment to develop the standards for cleanup of site for water, sediments and soil surrounding the lake. NGO Work for community communication, identification of PAPs Final SSRA and the recommended option for Cleanup. Remedial Action Plan (RAP) – will be developed based on detailed Phase III- can be part of the Phase III or separate. – provide engineering for how to go about the cleanup including technology; engineering and equipments. GIS Works and identification of data gaps Remedial Action Plan Implementation of the RAP including removal of sediments and soil; treatment of water; redirecting contaminant flows into the lake; landscaping and other infrastructure. Post remediation ground Contract and water investigation, and Contract implementation monitoring Record of Site Condition – site audit and review of works to ensure work was completed and all the cleanup has been to the standard. Environmental Monitoring Initiative Post remedial strategy Post closure monitoring Environmental Site Assessment – Phase II and Phase III for delineating the contamination – assessing the extent of contamination in surface-/ground water, sediments and soil; quantities, characteristics and topographical information; Site B: Kadapa Dumpsite Phase I and Phase II ESA of the site to assess the contamination by leachate and garbage to the surrounding ground and surface water; under the extent, quantity and characteristics of contamination; ESA to understand environmental/ecological concerns; socio-economic issues; transportation, land use and other issues. Detailed reassessment/ engineering Study, bid document preparation and supervision Detailed Site Investigation Report Audit Report for cleanup of site. Baseline Status Report with clear delineation of contaminant issues. ESIA Report 24 Development of Remedial Options and Action Reports. The Options should include Landfill Rehabilitation and Closure of dumpsite; LFG control and management; Leachate control and management; Landfill mining; Reclamation of recyclables and composted waste; Potential change in land use; Development of sanitary landfill at the site; etc. Implementation of RAP Environmental Monitoring Initiative Record of Site Condition – site audit and review of works to ensure work was completed and all the cleanup has been to the standard. Post closure monitoring Remedial Options Report and finalized Remedial Action plan after discussions and consultations NGO works for Contract and cleanup community communication, identification of PAPs Audit Report for cleanup of site. III. Project Budget for APPCB Description of Services Estimated Cost Incl Cont. & Taxes (in 000 US$) Impact of MSW Dumpsites on Environment (15 Corporations) (Domestic) Consultancies - Business Strategy for ECAC Detailed reassesment/ engr. Study, bid document prep., and supervision - NMK NMK - Exec Engineer (Full time) NMK - Dy Exec Engineer (Full time) Technical Consultant Monitoring and Evaluation Specialist Procurement Assistant - Consultant FM Specialist - Consultant (Accounts Officer) FM Assistant - (Accountant) Environment and Social Specialist-Consultant Communicational Specialist-Consultant NGO Work for community communication, identification of PAPs- NMK Independent supervision consultant - NMK Detailed reassessment/ engr. Study, bid document prep., and supervision in Kadapa site GIS Works and identification of data gaps - NMK Post remedation ground water investigation, and monitoring – 25 262.59 360.68 774.78 101.46 81.17 104.58 104.58 41.79 72.59 18.66 104.58 72.59 138.04 569.69 222.71 162.74 1236.37 NMK Kadapa dump sites – NGO works for community communication, identification of PAPs Supervision consultant – Kadapa Social monitoring and social audit – Kadapa Inventorisation and Characterization of HW categories &ewaste and GPS works Environmental Monitoring Initiative - Kadapa Environmental Monitoring Initiative - NMK Assessment of contaminated soil and ground water near illegal dumps Consultancy for development of post remedial strategy - NMK Post closure monitoring- Kadapa Sub-total: Remediation Works for NMK Closure & containment works (Excavation & related works, stabilization & closure) – Kadapa Sub-total: Office equipment Laboratory equipment Sub Total Project Management and Misc. cost Grand Total 26 153.38 150.16 37.54 579.73 18.51 24.50 400.68 137.16 78.80 6010.05 27938.97 3441.29 31380.26 8.56 2552.24 2560.80 736.95 40688.06 SECTION IV WEST BENGAL POLLUTION CONTROL BOARD I. Institutional and Implementation Arrangements 1. An appropriate project governance structure has been established in WB to ensure coordinated implementation, effectiveness, accountability, oversight and transparency of implementation. The WB Pollution Control Board (WBPCB) shall be responsible for coordination and implementation of project activities at state level and reporting to MoEF. The Member Secretary of WBPCB has been nominated by the State Government of West Bengal to be the Project Director for the project. Project Implementation Unit (PIU): 2. The overall responsibility for project execution will lie with the qualified Project Implementation Unit (PIU). The PIU will be headed by a Project Director (PD). Besides, there will be one Deputy Project Director (DPD) who will assist the PD and will be responsible for overall coordination among the six Cells as mentioned below. He will also be responsible for all technical matters pertaining to the project. The six cells headed by Senior Officers of the WBPCB will be responsible for project components and will work under the guidance and supervision of DPD : i) Technical Cell (HWM) ii) Technical Cell (MSW) iii) Infrastructure Cell (Lab) iv) ECAC Cell v) Finance & Accounts Cell vi) Procurement Cell 3. The PIU staff will be selected following bank procurement procedures. The same principle will be followed for selection of consultants. The PIU will ensure that procurement, financial management and disbursement aspects of the projects are fully consistent with applicable Bank guidelines. The Cells will be responsible for coordinating day to day activities under respective components. In addition, suitable number of evaluation committee will be established by the Project Director to evaluate proposals under the respective components. 27 Organizational Chart Principal Secretary Project Director & Head – PIU Project (Member Secretary) [WBPCB – 50%] DoE, GoWB Steering Committee Project Coordination Team Steering Committee (ECAC) (Dr. Dipak Chakraborty) [Dy. Proj. Director, WBPCB] Technical Expert Committee (ECAC) (Project Coordinator 1) [External - 100%] Head – Technical (Project Coordinator 2) Cell (HWM) Head – Technical Cell (MSW) Head – Infrastructure Cell (Lab) (Dr. Tapas Kr. Gupta) (Dr. Ujjal Kr. Mukhopadhyay) (Mr. Subrata Ghosh) Training Spl. (…………………..) [WBPCB] [External –100%] Head – ECAC Cell (Mr. Subhasis Pal) [External - 100%] (Mr. Shyamal Kr. Adhikari) [WBPCB] Proj. Officer (HWM) Proj. Officer (MSW) Proj. Officer (Lab) Proj. Officer (ECAC) (Mr. Debashis Sarkar) (Mr. Prabir K. Barai) (Ms. Barna Majumdar) [WBPCB] [WBPCB] [WBPCB] [WBPCB] Proj. Eng. (HWM) Proj. Eng. (MSW) Proj. Officer (IT) Asst. Proj. Officer -1 (…………………) (…………………) (……..………………..) (…………………………..) [External –100%] [External– 100%] [External– 100%] [External – 100%] [External– 100%] Env. & Soc.. Spl. (…………………..) [WBPCB]Kundu) (Ms. Sarmistha Proc. Spl. (……………..) [WBPCB] Proj. Sc. Asst. - 1 Proj. Asst. (IT) (…………………) (………..……………) Asst. Proj. Officer -2 (………………………….) [External– 100%] Head – Finance & Accounts Cell [WBPCB] Proj. Acc. Officer (……………………..) [External –100%] Comm. Spl. (…………………..) [External –100%] [WBPCB] Proj. Jr. Acc. Officer (……………………..) [External – 100%] Acc. Asst. - 1 (…………………) [External– 100%] Environment[External Compliance Assistance Center – 100%] Center In-charge – Ms. Rita Dutta [WBPCB] [External – 100%] Proj. Sc. Asst. - 2 (…………………) Env. Specialist IT Specialist Acc. Asst. - 2 (………………….) (…………….) (…………………) [External – 100%] [External – 100%] (…………………) Asst. Env. Specialist Asst. IT Specialist [External– 100%] (………………….) (………………….) [External – 100%] [External – 100%] [External– 100%] Proj. Anly. Asst.-1 [External – 100%] Office Assistant (………………….) [External – 100%] Project Steering Committee 4. A Project Steering Committee (PSC) has been established to provide guidance and to build consensus among project stakeholders on major policy issues related to the implementation of the Project. The membership of the PSC is as follows: 1. 2. 3. 4. 5. 6. 7. Principal Secretary, Department of Environment Principal Secretary, Department of Finance Commissioner, Kolkata Municipal Corporation Managing Director, WB Industrial Development Corporation (WBIDC) District Magistrate, Hooghly Representative of CPCB, Eastern Regional office Representative of Bengal Chamber of Commerce & Industry (BCCI) 28 8. 9. 10. 11. Representative of Indian Chamber of Commerce (ICC) Representative of Hooghly Chamber of Commerce Prof. Sisir Kr. Nag, Department of Geological Science, Jadavpur University, Kolkata Prof. Kalyan Bhar, Department of Civil Engineering , Bengal Science & Technology University, Shibpur 12. Member Secretary, WBPCB 5. The responsibilities of the PSC will be as follows: Approval of the Project Annual Plan and PIU budgets Approval of the organizational structure of the PIU Carry out a mid-term review of the project. Monitor Project progress and review progress reports and advise as necessary. Provide recommendations, guidance and, as appropriate, decision making on matters of substance and priority which the technical teams will put before the PSC (in coordination with the PIU). Discuss and resolve any implementation issues that cannot be resolved at the level of the PIU. To consider approval of up-dated procurement plans and suggest amendment of the Credit Agreements, if necessary. Set up working, evaluation and technical committees as required. 6. Support to the PSC will come in the form of: (I) secretariat services by the PIU, including the preparation of meeting minutes and circulation of agendas, management of documents and relevant data, etc.; and (ii) if required, ad hoc technical assistance to provide the members with the adequate knowledge and exposure to make carefully informed decisions and recommendations on matters put before the PSC. II. Project Components: 7. The following activities will be implemented by WBPCB under the project: Component 1: Strengthening Environmental Institutions: Building Capacity for Remediation o Sub-component 1.b: Environmental Compliance Assistance Centers o Sub-component 1.c: Institutional Capacity Building of State Pollution Control Boards Component 2: Investments in Priority Remediation and Environmental Improvements in orphan hazardous waste sites and municipal dumpsites Component 3: Project Management 8. Component 1, Sub-component 1.b: An Environmental Compliance Assistance Center has been established to promote increased environmental compliance of industry, particularly small and medium size enterprises, in meeting the national and state regulatory requirements. In order to better assess the existing institutional structure for providing compliance assistance and to learn 29 from other international models, the WBPCB will undertake analytical studies and reach out to the affected stakeholders. 9. Component 1, Sub-component 1.c: This component will provide technical support and infrastructure to the Laboratories of the WBPCB besides institutional capacity building for inventorization and characterization (including determination of waste generation factors) of hazardous and municipal solid waste generated in the state, assessing public health and ecosystem risks and economic, social and environmental benefits derived from project activities. This component will facilitate WBPCB with specialized technical expertise to support the monitoring of demonstration sites under the project and to develop the hazardous waste remediation and rehabilitation program in the state. The WBPCB will require technical training to support the effective utilization and analysis of data from acquired laboratory equipment, and to strengthen the capacity in management and remediation of hazardous waste. 10. The WBPCB will require specialized laboratory equipment, GIS mapping (software), and other equipment to analyze data from demonstration sites, monitor environmental impacts, and develop the hazardous waste remediation and rehabilitation program in the state. The technical equipment will include the following items: GC-MS(HR) ICP-MS Bomb calorimeter Flash point tester Solid waste extraction assembly Concentrator of organic extracts Sampling apparatus assembly for VOCs and POPs Sampling apparatus for Dioxins and Furans X-Ray Fluorescence Spectrometer IR-Spectrometer MSMS attachment for HPLC TCLP apparatus (with zero head space assembly) Spares and consumables for related instruments 11. The detailed activities under Component 1 and their outcomes are detailed below: Component Activities Expected Outcome 30 Component Technical Assistance for WBPCB Activities • Inventorisation and characterization of hazardous waste including determination of waste generation factors; • Mapping of hazardous waste units, illegal hazardous waste dumpsites, and municipal waste dumpsites; • Pre-feasibility study of contaminated soil and groundwater from hazardous waste at targeted priority sites; • Environmental and social impact assessment of municipal solid waste dumpsites. Infrastructure • Procurement of necessary sampling and Support for Analytical equipment, specialized laboratory WBPCB equipment, GIS mapping, and other equipment to analyze data from hazardous waste and municipal waste demonstration sites, monitor environmental impacts, and develop the hazardous waste and municipal waste remediation and rehabilitation program in the state. Environmental Analytical study of existing institutions in Compliance WB that provides compliance assistance. Assistance Workshop to introduce international Center compliance assistance models to key (ECAC) stakeholders; Workshops to involving diverse stakeholders in vision and action planning regarding ways to strengthen the institutional models for environmental compliance; Published reports of workshop proceedings for interested stakeholders, government ministries, and the public. Technical Training of the staff of WBPCB in: Training for International training related to WBPCB quantification and categorization of process specific hazardous wastes and determination of waste generation factors for specific waste types 31 Expected Outcome Inventory of Hazardous waste generators and quantities; Inventory of illegal dumpsites for industrial waste; ; ESIA of illegal hazardous waste dumpsites and municipal waste dumpsites. Infrastructure facilities in the laboratories of the WBPCB will be upgraded. An effective ECAC ensuring better environmental compliance Technical training for building the capacities of the staff to support the effective utilization and analysis of data from acquired Component Activities International training related to monitoring of environmental impact of legacy sites for various classified wastes International training related to operation of the equipments used for contaminant study (soil & ground water aquifer) including POP & VOC and training related to QA/QC protocol Domestic training related to statistical methods for interpretation and validation of data International training related to use of modern tools to identify legacy sites & remediation technologies for contaminated sites Domestic training related to development of onsite and offsite emergency response plans Domestic training on integration of 4R approach in process International training on monitoring of land fill gases and leachate analysis for municipalities Expected Outcome laboratory equipment, and to strengthen the capacity in management and remediation of waste dump sites. 12. Component 2: Project demonstration activities will be implemented in pilot sites in WB which have been identified due to their advanced state of readiness. Project investments for remediation will be defined on the basis of Area-wide Management Plans focusing on hazardous waste and old solid waste dump legacy sites, where the pilot area management plans for remediation will be developed and implemented with stringent social and environmental safeguards in place. 13. Site C: Remediation of Dhapa MSW site: This component includes clearing the existing municipal solid waste dump yard in Dhapa, reducing the risks from contamination and exposure to health hazard and providing improved air quality and ambient environment for the communities near the site. 14. Site D: Remediation of Hooghly Hazardous waste sites: Remediation of the following 7 identified contaminated illegal hazardous waste dumping sites will be undertaken under this activity: Site1: Near Ghosh and Sarkar Weigh Bridge, Delhi Road, Village Simla/Madpur, Site-2: Netaji More, Delhi Road (1.7 km from Baidyabati) Site -3: Near Netaji More, Delhi Road Site-4: Near Zenith Timber Products, Netaji More 32 Site-5: Near Pashupati Seong and East India Flour Mills, Delhi Road Site-6: Ashalata Brick Field, Near Indotan Industries Site-7: Near M/s Shivam Gases Ltd., , Chakundi, Dankuni 15. Additionally, the WBPCB will consider upgrading the existing hazardous waste landfill at Chakundi, which is being used for disposal of chromium bearing wastes by Bichromate Manufacturing Units, if required as an alternative to transportation of untreatable waste from Site D. Technical provisions for containment and cover system have to be designed and approved by WBPCB before any action take place. Site C: Dhapa Dumpsite Activity Activities/ Consultancies Phase I and Phase II ESA of the Detailed reassessment/ site to assess the contamination by engineering Study, bid leachate and garbage to the document preparation surrounding ground and surface and supervision water; under the extent, quantity and characteristics of contamination; ESA to understand -doenvironmental/ecological concerns; socio-economic issues; transportation, land use and other issues. Development of Remedial Environmental Options and Action Reports. The Monitoring Initiative Options should include Landfill Rehabilitation and Closure of dumpsite; LFG control and management; Leachate control and management; Landfill mining; Reclamation of recyclables and composted waste; Potential change in land use; etc. Implementation of RAP NGO works for community communication, identification of PAPs 33 Outcome Baseline Status Report with clear delineation of contaminant issues. ESIA Report Remedial Options Report and finalized Remedial Action plan after discussions and consultations Contract and cleanup Activity Record of Site Condition – site audit and review of works to ensure work was completed and all the cleanup has been to the standard. Activities/ Consultancies Post closure monitoring Site D: Hooghly Hazardous Waste Sites: Activity Activities/ Consultancies Environmental Site Assessment – Detailed reassessment/ for delineating the contamination engineering Study, bid – assessing the extent of document preparation contamination in surface-/ground and supervision water, sediments and soil; quantities, characteristics and topographical information; Outcome Audit Report for cleanup of site. Outcome Detailed Site Investigation Report Remedial Options Study along with Site Specific Risk Assessment to develop the standards for cleanup of site for water, sediments and soil surrounding the dumpsite. NGO Work for community communication, identification of PAPs Final SSRA and the recommended option for Cleanup. Remedial Action Plan (RAP) – will be developed based on detailed Phase III- can be part of the Phase III or separate. – provide engineering for how to go about the cleanup including technology; engineering and equipments. GIS Works and identification of data gaps Remedial Action Plan Implementation of the RAP including removal of contaminated waste /sediments and soil; treatment of contaminated water; Post remediation Contract and Contract ground water implementation investigation, and monitoring 34 Record of Site Condition – site audit and review of works to ensure work was completed and all the cleanup has been to the standard. Environmental Monitoring Initiative Post remedial strategy Post monitoring Audit Report for cleanup of site. closure 16. The same activities will apply for the upgrading of the Chakundi site, if deemed necessary by the WBPCB. III. Project Budget for WBPCB Description of Service Estimated Cost Incl Cont. & Taxes (in 000 US$) ECAC:Preparation of a detailed business strategy and plan Technology Assimilation / Sector studies done by international experts Periodic sector studies done by domestic / national experts Sub Total Hooghly HW Sites Detailed design, engineering and bid document preparation and supervision Inventorization and Characterization of HW Categories and Sampling and analysis of HW Hooghly Sites Social Support (Firm) Independent third-party soil & water monitoring – Hooghly HW Sites Community communication – Hooghly HW Sites NGO/Firm Environmental Monitoring Initiative - Hooghly Sub Total Dhapa MSW Site:Detailed feasibility / engineering study and bid document preparation and supervision Impact of MSW Dumpsites on Environment Dhapa Social Support (Firm) Community communication and monitoring – Dhapa MSW Site Environmental Monitoring Initiative - Dhapa Sub Total PIU 35 180.34 1298.43 1659.32 3138.09 606.03 264.50 46.09 139.62 6.57 1140.94 236.71 169.84 43.28 24.67 709.55 Assessment and preparation of priority contaminated sites at Khandla / Durgapur and Belda/Dankuni Identifying Illegal Dumpsites Information System – Technical Manpower (Consultant – Information Management System Procurement Assistant (Full time) Procurement Specialist (Full time) Environment & Social Safeguards Specialist Communication Specialist-Consultant Project Coordinator Project Officer/Engineer(3 nos) Project Assistant Scientific (2 nos) Accounts Assistant (2 nos) Environment Specialist for ECAC IT Specialist for ECAC Assistant IT Specialist for ECAC Office Assistant for ECAC Sub Total *Assumption: price contingency 10% and Physical contingency 10% 36 956.46 137.22 21.40 26.95 38.61 46.09 46.09 33.79 196.10 336.87 40.44 315.24 2195.26 SECTION V ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK 1. Component 2 - Investments in Priority Remediation and Environmental Improvements: Rehabilitation of legacy hazardous waste sites: More specifically, the four sites selected for remediation in the pilot states of AP and WB involve the following Safeguard Policy Issues: Site A: Remediation of Noor Mohammad Kunta, Andhra Pradesh 2. There is a small religious site next to the lake and a nearby cemetery. The ESA includes an assessment of possible impacts on Physical and Cultural Resources and mitigation measures to ensure that possible impacts are addressed and protected according to World Bank policies on Physical Cultural Property (OP/BP 4.11). The Masjiid-O-Darga of NMK lake and the graveyard are the only religious places likely to receive direct and temporary impact from project activities due to the site proximity. The recommendations are taken into consideration not only in terms of diminishing disruption of religious rituals but also in terms of safety and health hazards. There also is evidence of a small number of rag-pickers (approximately 10) who collect metal and other saleable waste from around some of the smaller lakes. These individuals have been identified and their circumstances are addressed by the SMP, in accordance with the requirements of GOI and World Bank Safeguards Policies related to rehabilitation and income restoration. Site B: Remediation of the Dumpsite in Kadapa, Andhra Pradesh 3. Though project activities would not require relocation of people, they would shut down income sources for rag-pickers and others whose livelihoods are derived from dump materials. The ESA has identified these individuals, determined whether they belong to SCs/STs/OBCs, and has prepared an SMP to properly protect and compensate them as required by GoI, GOAP, and World Bank Safeguard policy requirements (notably OP/BP 4.12 and OP/BP 4.10). In addition, the SMP provides for job skills training, livelihood support and incentives to ensure that the children who were formerly working as ragpickers attend school, as well as health and rights awareness-raising activities, in order to help improve the life opportunities of PAPs. A RAP has been prepared for several families of rag-pickers who were identified during the social assessment as living in make-shift shelters on the site and the same will be verified during project implementation, and the RAP will be updated accordingly. Site C: Remediation of Dhapa - old municipal dump site adjacent to East Kolkata Wetlands, West Bengal 4. The following safeguards and other social issues have been observed at the site: 37 The KMC is constructing a brick wall around the whole area in order to demarcate the area (not to keep out rag-pickers). The fencing-off of the area is a policy decision made and implemented by local government well before the site is being considered for inclusion as one the project demonstration sites. The Environmental and Social Assessment (ESA) has developed an SMP that makes recommendations on how to help the state to develop a plan for restoring income of the approximately 600 rag-pickers who will no longer have access to the 8.21-ha plot (closed around end of Year 2) and the 12.8-ha plot (closing around end year 5). Rehabilitation and Restoration of Income for rag-pickers: Up to 600 rag-pickers are active on the total 21 acres for their livelihoods. About half are children under age 18. The majority of rag-pickers are female, although there is a sizeable representation of males as well. These are people who reside in the villages surrounding the site. They are mostly Mondal people, who are SCs (so in this case World Bank OP/BP 4.10 on Indigenous Peoples would not be triggered). This is a full-time job for many, and for some households in the nearby village, rag-picking is the sole source of income. Each full-time rag-picker gathers 50-100 kg of waste per day, sale income from which yields an average of 150 Rs per day. The children who are rag-picking (some attend school part time) earn an average income of 25 Rs per day. According to stipulations of World Bank Safeguards Policy OP/BP 4.12, the rag-pickers’ income will be compensated when the dumpsites shut down, before which time they will receive job training for alternative employment opportunities. When the 8.21-ha area is shut down by end of Year 2, it is predicted that most, if not all, of the rag-pickers there will move to the larger dump site and continue rag-picking until that dumpsite is closed by end of Year 5. The SMP has proposed a phased process of rehabilitation and income stream restoration, as well as means of encouraging families to keep their children in school and not let them near the dumpsite, as children are more vulnerable to the disease associated with the waste. Three small vendors set up around the dump-site to sell food, tea, betel leaf, chewing tobacco. The estimated revenue from total food sales per day is 50-100 Rs. per person per day. The SMP also proposes means of compensation for lost potential income to these parties. Surrounding the two dumpsite ‘hills’ is about 700 ha of land that is actively farmed by local community members. The farming produce consists of vegetables (e.g., cauliflower). Toxic waste from the dumpsite leaches into the water and soil and evidently contaminates the produce. This leachate is visible, gathering even outside of the brick wall being built around the 8.21-ha area. The land is all owned by KMC, and none of the local people farming it have leases; they are all encroaching. The farming issues are addressed as part of the SMP. People living near the dumpsites (about 300 households, approx. 3000 population) report myriad problems that they associate with the nearby pollution. These include: - Water that is so polluted (red-brownish color in the wells) that people no longer drink it; they use the contaminated water for farming and washing still. The water that KMC is supplying is not adequate and barely meets the needs of cooking and drinking. - Asthma, TB, malaria, and diarrhea are prevalent in all villages. Eye irritation and nose burning because of methane gas released by the dumpsite was reported by residents of Kannapaedia. This is closest village to the dumpsites and is directly down-wind of it. Only this village expressed feeling eye irritation and nose burning as a direct result of the nearby site. 38 - - In all the villages (Khanaberia, Durgapur, Anatamahal, Voicethala, Makaltala, Choinabae and Ucchipota), people complained about the bone recycling industry and cremation of people (separate place from the bone recycling) on the site. People identify the pollution as the cause of their diseases and complain about the burning smell. Those farming the surround fields complain about the burning of bodies. The major occupations in these villages are farming, fishing, rag-picking and working as laborers in the Dhapa farm lands and in Kolkata. Farming occurs right outside the boundary wall, although KMC has cleared the nearest farming area. Fish ponds also lie outside the wall, and only men are involved in the fishing. The whole area is wetlands; in the villages many of the houses are surrounded by water. During monsoon season, the approach road also is filled with water. The groundwater is not of good quality for farming and fishing. Site D: Remediation of seven (7) chemically contaminated sites in the District of Hooghly, West Bengal 5. Although the population living at the sites is very small (approximately 6 people at the Sarkar Weighbridge site and 15 people at the Minu Bridge site—all living in dhabas at each site), they would need to be relocated, at least temporarily, during remediation activities at the sites and compensated for lost income during the period remediation. At the Sarkar site, the people living there also are doing business for the truck drivers who come through for the weighbridge and each adult person earns an average of 2500 Rs. Per month. There also are 2 children earning money there (washing utensils), about 1,000 Rs. Per month. At the Minu bridge site, there is a 4-member family that owns the dhaba, plus about 11 people who stay in the dhaba and also work, earning about 5,000 Rs per month (the earnings are higher at this site because there is more land available for parking. 6. The Durga Temple is the only Physical Cultural venue likely to receive direct impact from project activities due to its proximity to the Ashalata Brickfield Hazardous waste Site. In order to mitigate the potential risk associated with accessing the temple particular attention has been given to secure access, lighting of the temple during works and road safety, preventing noise and dust to worshipers and waste spillage from transportation. Generic Timeframe for ESMF Implementation 7. ESMF implementation will take place one month before project effectiveness and lasts until post remediation environmental and social monitoring. The time frame for implementation with all these technical stages of remediation is given in Table below. 39 Technical Stage during Remediation 1 month prior to effectiveness Social-Environmental Management Measures Responsible Party Develop TORs RFPs for NGO teams (4) dealing with SMPs at each site SPCBs, under supervision of MoEF and World Bank Project Effectiveness ESMP already developed, references in project legal document regarding ESMP implementation responsibilities: SPCBs send out RFPs for 4 NGO teams for social issues. Bidding documents received; review bidding documents to verify compliance with SPCBs ESMP requirements for implementation, including cost provisions Grievance redress mechanisms for all sites in place SPCBs 1.5 months after effectiveness 2 months after effectiveness 3 months after effectiveness NGO teams are procured; signing of contract with legal provisions for implementation NGO teams, under supervision of SPCB social/env specialist 4 months after -Prepare plans for giving ID cards to PAPs NGO teams; SPCB effectiveness -Prepare arrangements for income restoration in collaboration with SPCB/Municipal PIU communications Commissioner specialist -Prepare training plans for different groups of people among PAPs - Prepare content for community awareness workshops 5 months after -Verify list of PAPs/income restoration recipients; NGO teams, under effectiveness - Cut-off date for PAP eligibility; process ID cards supervision of SPCB -Hold health/rights awareness workshops for PAPs; NGOs identify who wants soc/env specialist; training in first phase and subsequent phases, and who will continue rag-picking until PIU communications final dumpsite closes (Dhapa) specialist -Hold first broader community awareness workshops -Identify local community groups to participate in monitoring 6 months after - Relevant PAPs relocated and compensated, according to RAPs NGO teams; effectiveness: - Begin distribution of all other compensation/income restoration packages for adult SPCBs/District Implementation of site PAPs Commissioner (holding works commences - Compensation to former child PAPs’ families occurs via monthly stipend after NGO funds) 40 Throughout remediation of sites Remediation works completion verifies full-time school attendance: 12 months, according to SMPs - Training in job skills, financial management begins; 6-month training program for first batch of PAPs - PAPs who may continue as ragpickers (Dhapa) receive safety equipment - Grievance redress mechanism staff meet with SPCB once per month -Supervision specialist conducts random field checks throughout - Skills training continues for total 2 years - NGOs facilitate job acquisition for trained PAPs - PIU verifies there are no complaints filed in grievance redress mechanism or fully addresses any complaints - Grievance mech. staff continues monthly meetings at SPCB throughout Yr 1 and Yr 2; throughout Yr 3-5 have semi-annual meetings. - NoC for setting up Diesel Generator sets used for power backup. - Permission for Storage, handling, and transportation of Hazardous material from SPCB. -Pollution under control certificate under motor vehicle act for all vehicles used for remediation. -In case of soil being procured from private land then NoC required from land owner. If soil is used from government land then permission certificate from that govt. agency. -Restoration plan for borrow area should be prepared by remediation contractor. - Permission from Central Ground Water board for setting up bore well for remediation purpose. -Labor license from labor department in order to hire labor for remediation. -Proper disposal of waste water from labor camp. -In case of blasting permission from mine concern mine department. - Environmental Monitoring will be carried out at locations which will be finalized by contractor in consultation with Environmental Expert of PIU. -The frequency and no of locations have been given in ESMP section of this report -Verify absence of complaints filed in grievance redressal mechanism, discuss with communities. -Monitoring of air, soil, noise water in order to evaluate environmental conditions after remediation works completes. 41 SPCB PIU Env/Social specialist -NGO teams SPCB SECTION VI PROCUREMENT PROCEDURES FOR MOEF, APPCB AND WBPCB I. Procurement Management The procurement management is organized jointly by respective Project Director, Project Coordinator and the Procurement Consultant. They will be responsible for all procurement, financial management, quality assurance, monitoring and evaluations under the project. General Procurement for the proposed project would be carried out in accordance with the World Bank's "Guidelines: Procurement under IBRD Loans and IDA Credits" dated May 2004 revised October 2006 and May 2010; and "Guidelines: Selection and Employment of Consultants by World Bank Borrowers" dated May 2004 revised October 2006 and May 2010, and the provisions stipulated in the Loan and Credit Agreements. The various items to be procured are described in the tentative procurement plan as in Annexure - III. For each contract to be financed by the Project, the different procurement or consultant selection methods, the need for pre-qualification, estimated costs, prior review requirements, and time frame are agreed between the Borrower and the Bank in the Procurement Plan. The Procurement Plan will be updated annually or as required to reflect the actual project implementation needs and improvements in institutional capacity All procurement shall be made by the PMC. The projected procurement would initially be advertised in a General Procurement Notice (GPN), and Specific Procurement Notices to be issued thereafter as needed. The Borrower will publish a GPN, acceptable to the Bank, online in the UNDB and in the Development Gateway's dgMarket. The individual specific procurement notices (SPN) for goods and civil works and request for expression of interests (REoIs) for consulting services will be advertised in a national newspaper and/or in the beneficiary's website. The SPN for International Competitive Bidding Goods and Civil Works packages and REoIs for consultant's contracts above USD 200,000 equivalent would be advertised on-line in UNDB/dgMarket. The results of contract awards for goods, civil works and consulting services will be posted on the UNDB and in the Development Gateway's dgMarket as required under the Guidelines. The Recipient would follow the World Bank anti-corruption measures and would not engage services of firms and individuals debarred by the Bank. In this regard the MOEF/PMC will ensure to check such debarred firms and individuals, list of which is located at: http://www.worldbank. org/html/opr/procure/debarr. html Procurement of Works -Works contracts estimated to cost less than USD 10 million may be purchased following the National Competitive Bidding (NCB); below are additional provisions for NCB procedures. Small works contracts estimated to cost USD30,000 and less will be procured following the shopping procedures, on basis of three written quotations obtained from qualified contractors. Procurement will be done using the bidding documents agreed with Bank. 42 Procurement of Goods and Services (other than consulting services): Goods procured under this Project would include IT equipment, office furniture, vehicles, environmental monitoring equipment, lab and testing equipment, etc. Goods, technical services and equipment estimated to cost US$500,000 or more will be procured through International Competitive Bidding (ICB). Readily available off-the-shelf goods estimated to cost less than US$ 30,000 each may be procured through Shopping on the basis of three written quotations obtained from qualified suppliers. The MOEF/PMC would solicit quotations from at least three (normally 5-6) suppliers from eligible source countries. Alternatively the Goods can also be procured under Director General supply and disposal rate contract, under National Shopping. In case of Shopping for procurement of IT equipment (hardware, software, etc.) the MOEF/PMC will follow the procedures set forth by the Bank. Direct Contracting: When certain goods are available only from a particular supplier or in case where compatibility with existing equipment requires that goods must be procured under Direct Contracting (in accordance with para 3.6 of Procurement Guidelines) and the Bank's prior approval is obtained with due justification. Selection of Consultants: Consulting services under the Project would include institutional strengthening and capacity building of different institutions, design, investigation and supervision related to civil works contracts, surveys, feasibility studies and other consulting and training services and workshops. . Short lists of consultants for services estimated to cost less than USD 500,000 equivalent per contract may be composed entirely of national consultants in accordance with the provisions of paragraph 2.7 of the Consultant Guidelines. In such cases include the following text in the REOI “In accordance with paragraph 2.7 of the Guidelines for the Selection and Employment of Consultants by World Bank Borrowers, the short list for this assignment may comprise entirely of national consultants, however foreign consultants may also express interest for consideration. For that effect, all interested firms are informed that all documents, including the Request for Proposals, the Proposal and consultant’s contract for the proposed assignment will be issued in English, and contract price and corresponding payments will be in Indian Rupees.” The RFP will be based on (i) Language will be English and (ii) Payment will be in Indian Rupees. Method of procurement to be adopted : The following methods of selection will be adopted depending upon size and complexity of assignment, as defined in the Consultancy Guidelines: Category Consultants’ Services Method of Procurement CQS SSS Individuals QCBS/QBS/FBS/LCS (i) International shortlist (ii) Shortlist may comprise national consultants only 43 Threshold (US$ Equivalent) Up to 100,000 per contract with prior agreement with the Bank No Limit >500,000 Up to 500,000 The choice of the appropriate method of selection is related to the nature, size, complexity and likely impact of the assignment, technical and financial considerations. The method of Selection for each consultancy shall be given in the procurement plan and the Implementing Agency will execute the procurement plan agreed with the Bank. No selection of consultancy shall be initiated outside procurement plan and such selection shall not be eligible for Bank financing. Training: Training will include seminars, conferences, workshops and study tours in connection with the activities included in the Project components and reflected in the Annual Training and Study Tour Plans that would be prior-reviewed by the Bank. The Bank will clear the plans upfront, while changes and additions to the plan would be reviewed separately as they occur and would cover the list of participants, agenda for training events and estimated budget. Consultants required for preparation, facilitation in the procurement of goods / equipments, consultancies and for conducting training activities shall be selected under appropriate procedures for selection of the Consultants as described above. Selection of such consultants shall be included in the Procurement Plan. Operating Costs: The operating costs would finance rent and utilities and also. It will also cover the POC expenses in regard to POC staff salaries, office space, office supplies, utilities, communication, disposable of IT equipments, publication of notices, vehicle operation, travel (domestic), supervision cost and contingencies etc. but excluding salaries of officials and employees of the Recipient. Consultant required for providing, facilitation of these activities shall be selected under appropriate procedure for selection of the consultants as described above. Selection of such consultant shall be included in the procurement plan. II. Procurement Staff The POC will have one full-time procurement Consultant who have gained knowledge/experience on Bank’s procurement procedures related to consulting services and goods contracts. The POC procurement Consultant and Project Coordinators will attend procurement trainings/seminars organized regionally by the Bank on procurement. The procurement file containing up to date procurement documents (guidelines, manuals, templates of procurement notices, standard bidding documents for procurement of goods and works, standard request for proposal documents for consulting services, evaluation report formats, regional and simplified procurement documents etc.) shall be prepared by the Bank and provided to POC at the time of Project Launch Workshop. The POC is recommended to visit the Bank's web-site frequently to ensure using the most updated procurement documents. The Bank’s Consultancy Manual on the web site is very informative. The Project Launch Workshop will have a specific session on Procurement Training for the POC staff and other project beneficiaries. Responsibility of Procurement Consultant 44 III. IV. The Consultant shall assist the Project Coordinator in various components of the project in the matter of procurement of goods, equipments, consultants and training materials, and also handle files and correspondence and coordination, procurements of goods/equipment, consultants and training materials with the World Bank, various implementing agenciesunder the directions of the Project Director / Project Coordinator he shall organize the evaluation Committee and organize the evaluation of the bids by the evaluation Committee and will obtain the approval of MoEF and will help in awarding the contract to the winner after obtaining ‘No objection’ of the Bank and if necessary enter into the negotiations prior to award of the Contract. Communications and Supervision In order to avoid any confusion, a clear communication procedure between the POC and the beneficiaries and between the POC and the World Bank project staff should be established. For example, all correspondence relating to procurement, disbursement, etc., should be routed to the Bank through the POC. The useful role of the POC here will be to ensure the completeness and accuracy of the information being exchanged with the World Bank team. This will also allow the POC to keep track of the procurement and other activities being undertaken by beneficiaries and to take corrective measures in case of delays. Furthermore, this will allow POC to collect data on procurement, etc., for preparing consolidated periodic project progress reports. Procurement Methods for Goods and Works The procurement methods permitted under the project are as follows: a. International Competitive Bidding (ICB) b. National Competitive Bidding (NCB) c. National and International Shopping d. Direct Contracting (Sole-Sourcing) a) International Competitive Bidding (ICB) The International Competitive Bidding procedure shall be used for contracts likely to attract foreign competition either by their nature or by the value of the contract. Under the project, the ICB method is applicable where the contract is estimated to cost more than $500,000 for goods and Equipment and $10 million for works. All Goods and Works procurement above US $ 300,000 shall be subject to prior review by Bank. National firms are encouraged to bid for ICB contracts. Bids are invited on the basis of adequately prepared bidding documents based on the Bank’s Standard Bidding Documents. Bidders are allowed to quote and sign contracts in national as well as foreign currency and not more than three currency in a contract. The bidding period for ICBs shall not be less than six weeks from the date of advertisement. The advertisement shall also be placed in a national newspaper of wide circulation. b) National Competitive Bidding (NCB) 45 The National Competitive Bidding procedure shall be used where the contract is estimated to cost $30,000 up to $500,000 for goods and equipment. Prior review threshold for Goods and Works is US $ 300,000. The bidding period shall not be less than four weeks from the date of advertisement. Domestic preference shall not be used in the evaluation of NCB bids. National Competitive Bidding Procedures NCB will be conducted in accordance with paragraph 3.3 and 3.4 of the Procurement Guidelines and the following provisions: (a) only the model bidding documents for NCB agreed with the GOI Task Force (and as amended from time to time) shall be used for bidding; (b) invitations to bid shall be advertised in at least one widely circulated national daily newspaper, at least 30 days prior to the deadline for the submission of bids; (c) no special preference will be accorded to any bidder either for price or for other terms and conditions when competing with foreign bidders, state-owned enterprises, smallscale enterprises or enterprises from any given state; (d) except with the prior concurrence of the Bank, there shall be no negotiation of price with the bidders, even with the lowest evaluated bidder; (e) extension of bid validity shall not be allowed without the prior concurrence of the Bank for the first request for extension if it is longer than four weeks; and for all subsequent requests for extension irrespective of the period - such concurrence will be considered by Bank only in cases of Force Majeure and circumstances beyond the control of the Purchaser/Employer; (f) re-bidding shall not be carried out without the prior concurrence of the Bank. The system of rejecting bids outside a pre-determined margin or bracket of prices shall not be used in the project; (g) rate contracts entered into by DGS&D will not be acceptable as a substitute for NCB procedures. Such contracts will be acceptable however for any procurement under Shopping procedures; and (h) two or three envelop system shall not be used. 46 FLOW DIAGRAM FOR PROCURING NCB and ICB GOODS AND WORKS IMPLEMENTING AGENCY PREPARES TENDER DOCUMENTS Review by Procurement Specialist/Project Coordinator Prior Review No Objection by World Bank IMPLEMENTING AGENCY issue invitation to tender IMPLEMENTING AGENCY RECEIVE TENDERS, EVALUATE AND PROPOSE AWARD Review by Entity Tender Committee Review by Ministry Review Committee Prior Review No Objection by World Bank IMPLEMENTING AGENCY AWARDS CONTRACT AND PREPARES CONTRACT DOCUMENTS IMPLEMENTING AGENCY SIGNS CONTRACT IMPLEMENTING AGENCY SUBMITS 2 COPIES OF SIGNED CONTRA CT TO WB CONTRACT IMPLEMENTATION c) National Shopping Shopping shall be used for procuring goods and equipment of standard specifications that are small in value where the contract is estimated to cost less than $30,000 for goods and equipment. A minimum of three quotations shall be solicited from at least three different suppliers, with good track record. Bidders must be given adequate time to respond. Invitation for quotations shall be in writing and will have the description and quantity of the goods as well as the required delivery time and place of delivery, and must include the date, time and place of submission of quotations. No bidding documents are used. Quotations shall be in writing and shall be opened at the time indicated in the letter of invitation. Quotations may be submitted by fax or email if so specified. Shopping is subject to the Public Procurement procedures and the Bank’s subsequent post review. 47 d) Direct Contracting (Sole Sourcing) This is procurement effected by placing direct orders (single sourcing) and is not encouraged; for this reason, it is subject to prior approval. However, where it becomes necessary to use the method, it shall be restricted to and reserved for: (i) Procurement of items, which are proprietary in nature; (ii) Urgently required items; (iii) Repeat orders to meet additional requirements of the same product or for essential spares from the supplier of an earlier procured equipment, provided there is no upward revision in the price of the item or a change in specification; (iv) Extension of works contracts where this is deemed the most economic procedure; and (v) Exceptional cases, such as in response to natural disasters, and where, (vi) Competitive bidding procedures failed to produce a satisfactory contract. 4.1 Thresholds for Procurement Methods: Table 2.4:- Thresholds For Procurement Methods -Civil Works Expenditure Procurement Method Value (threshold) per contract Category Civil Works and International Competitive Civil works estimated to cost more than Supply and Bidding (ICB) US$ 10.0 million equivalent Installation National Competitive Civil works estimated to cost more than Bidding (NCB) US$ 30,000 and less than or equal to US$ 10.0 million equivalent Shopping Civil works estimated to cost the equivalent of US$ 30,000 or less Force Account wherever agreed in the Procurement Plan and performance/productivity standards will be agreed with the Bank before commencement of work Table 2.5:- Thresholds For Procurement Methods -Goods Procurement of Procurement Method Value (threshold) per contract Goods Goods/ Equipment/ Machines International Competitive Bidding (ICB) Contracts estimated to cost more than US$ 500,000/- equivalent National Competitive Bidding (NCB) Contracts estimated to cost more than US$ 30,000 and <= US$ 48 Procurement of Goods Procurement Method Value (threshold) per contract 500,000/- equivalent Shopping Contracts estimated to cost less than or equal to US$ 30,000 equivalent Direct Contracting As agreed in the procurement plan 4.2 Bidding documents to be used The Standard Bidding documents of the Bank as agreed with GoI task force (and as amended from time to time) for all procurement under NCB will be used. For ICB/ LIB contracts only Bank’s Standard Bidding Documents (SBDs) will be used. Following bidding documents will be used for procurement of goods and works :S.no 1 2 3 4 5 6 7 4.3 Particulars Contract for works valued less than equivalent of US$ 30,000/- each:- under NS procedures. Contract for works beyond US$ 30,000/- and upto US$ 100,000 /- under NCB procedures Contract for works beyond US$ 100,000/- under NCB procedures upto US$10Million Contract for works beyond USD 10 million Document to be used W5 or W9 W1 W2 ICB using Bank’s SBD Contract for goods valued less than equivalent of US$ E5 30,000/- following NS procedures Contract for goods beyond US$ 30,000/- and upto US$ E1 200,000/- following NCB procedures. Contract for goods following ICB procedures ICB using Bank’s SBD Earnest Money/ Bid Security Earnest money (bid security) to be deposited by the bidders shall be for a specified amount for each package/ schedule/ item as indicated in the bid/ tender document. It shall normally be 2 to 2.5% of the estimated cost of goods and 1% of the estimated cost of works rounded off to the nearest figure in hundreds/ thousands/ lakhs of rupees. The earnest money shall be in the form of a demand draft/ banker’s cheque/ bank guarantee from a scheduled bank preferably having a branch at the place where tenders are to be submitted, which should be valid for 45 days beyond the validity period of the bid/tender. Fixed Deposit Receipts endorsed in favour of purchaser shall also be acceptable. 49 The earnest money of unsuccessful bidders shall be refunded soon after the contract signature. The earnest money shall be forfeited in the event of withdrawal of the tender within the original validity, once submitted or in case a successful bidder fails to execute necessary agreement within the period specified or for submitting false, incorrect or misleading information in the bid. This will be in addition to the other remedies available to the purchaser/ employer in terms of the tender documents. 4.4. Terms and Mode of Payment Payment terms for ICB and NCB are already provided in the bidding documents and should be followed as it is. In the case of shopping payment terms should be 90% payment after delivery to the consignee and balance 10% after acceptance of the goods or in accordance with the practices applicable to the specific goods and works. Tender documents should specify the mode of payment and terms of payment applicable and the type and number of documents required to be submitted by the suppliers or contractors for claiming the payments. 4.5. Rejection of all tenders a) Tender documents usually provide that implementing agency may reject all tenders. Rejection of all tenders is justified when none of the tenders are substantially responsive. However, the lack of competition shall not be determined solely on the basis of number of bids received. If all tenders are rejected, the implementing agency shall review the causes justifying the rejection and consider making revisions to the conditions of contract, or a combination of these, before inviting new tenders. b) If the rejection is due to most or all of the tenders being non-responsive, fresh tenders may be invited. c) Rejection of all tenders and re-inviting new tenders, irrespective of value shall be referred to the next higher authority for approval than the authority that approved the issue of tender or to the head of the unit. Before re-inviting tenders the specifications may be reviewed for revision, if any. d) Rejection of tenders, irrespective of value, will require World Bank’s approval. 4.6. Rebidding Rebidding can happen in following cases: Bids are not received Bids are to be rejected In case Regardless of the value, if all the bids are proposed to be rejected and re-invited, the bank shall be consulted before such action is taken by sending the information in the prescribed format for seeking banks clearance. Before rejecting the bids, the IA will first have to update the estimates as per the current market rates for labour and materials (cement/ steel etc.), actual leads of materials and construction methodology proposed now. After updation he has to identify the item or items and factors which contributed to the major variation over the updated estimates and 50 then seek a clarification including breakdowns of unit for the items and factors so identified. After receiving the reply he has to evaluate and based on his judgment reject if price is unjustified In case no bids are received , the Project Director is competent to approve the re invitation of the bids . The approval will be subject to bid inviting officer proposing a request giving the reason for lack of response and proposed remedial measures including any revision to the scope of the contract etc. The recommendation of the IA will be send to the Bank within 2 weeks from communication of recommendation to the bid inviting officer. 4.6. Performance Security a) Tender documents for works and supply of goods shall require performance security in an amount sufficient to protect the interest of the implementing agency in case of breach of contract by the contractor/ supplier. The performance security shall be in the form of a bank guarantee or any other instrument acceptable to the purchaser and the amount should be specified in the tender document. b) The amount of performance security shall be 5 to 10% of the contract price, but normally it should be 5% and should be valid till 28 days after the date of expiry of defect liability period or the guarantee/ warranty period, as the case may be. c) The performance security deposit shall be refunded within one month after the expiry of guarantee/ warranty period or the defect liability period (as mentioned above). d) The performance security shall be forfeited in case any terms and conditions of the contract are infringed or the bidder fails to make complete supply satisfactorily or complete the work within the delivery / completion period agreed in the contract without prejudice to the purchaser’s right to take further remedial actions in terms of the contract and bidding documents which formed part of the contract. 4.7. Thresholds for Prior review by the Bank Prior review of the procurement process by the Bank is indicated in the procurement plan and as summarized below: First contract of any value from each IA; subsequent contracts valued over US$200,000 equivalent for firms , and above US$50,000 equivalent for individuals; all contracts to be awarded on single source selection basis irrespective of value will be subject to prior review by the Bank. Selections and contract awards to hire Project Director, procurement consultants, inspection agents and legal advisors are subject to prior review, irrespective of the contract value. Prior review would be at the following stages: Terms of Reference; Short Listing; draft RFP and cost estimate [all together]. 51 Technical Evaluation report Combined evaluation report for information and comments if any. Minutes of Negotiation and draft initialed negotiated contract; and The amendments in the case of contracts subject to prior review, before granting a substantial extension of the stipulated time for performance of a contract, agreeing to any substantial modification of the scope of the services, substituting key staff, waiving the conditions of a contract, or making any changes in the contract that would in aggregate increase the original amount of the contract by more than 15 percent, the IA shall seek the Bank’s “no objection” to the proposed extension, modification, substitution, waiver, or change. After no-objection from the Bank, the contract amendment shall be signed. A copy of all such amendments to the contract shall be furnished to the Bank. The NPMU/SPMU shall ensure such amendments shall be submitted to the Bank for prior review before the variation order is issued by which contract value will exceed by 15 % or any other modification as stated above is granted. The final contract with check list shall be submitted to the Bank for record and to obtain WBR Number. 4.8. Disclosure 1. For Central/ State level procurements, information on pre-qualification of the contractors and award of contract would be posted on the programme website. In general the following information should be put on the department’s website: Making publicly available, all annual procurement schedules promptly after finalization. Posting all bidding documents and requests for proposals. Making available to any member of the public, promptly upon request all shortlist of consultants and in case of pre-qualification, list of pre-qualified contractors and suppliers. The information on pre-qualified applicants and award of contracts. Posting annual progress and mid-term review reports of the project. 2. For State level procurements, the information would be shared with the public through State websites 4.9. Complaint Redressal Mechanism (also applicable to procurement of services) In order to deal with the complaints from the contractors / suppliers and public effectively, a complaint handling mechanism shall be set up at the State level and immediate action shall be initiated on receipt of complaints to redress the grievances. All complaints on receipt should be entered in a register. Within 15 days, these complaints should be discussed and mentioned in the evaluation report of the tender. If a complaint is received after award of contract, it should be discussed on the file and put up to the appropriate authority for a decision. All complaints shall be handled at a level higher than that of the level at which the procurement process is being undertaken and the allegation made in the complaints should be thoroughly enquired into, and if found correct, appropriate remedial measures shall be taken by the appropriate authorities. A register of the complaint redressal shall be prepared at each level and shall contain the following information 52 Serial Number of the complaints Date on which the complaint was made Particular of the person making the complaint Nature of the complaint Complaint against whom if against a person Detail of action taken and subsequent follow ups specifying on which date the action was taken Whether the complaint has been satisfied if not why. Action taken against the guilty General remarks Subsequently an on line data base will be created which will be regularly updated and which would be capable of creating on line reports for the purpose of the monitoring .The States will announce on its web site about having in place a complaint redressal mechanism In case any individual officer/staff is found responsible, suitable disciplinary proceedings shall be initiated against such officer/staff .This register shall also be subject to audit by the chartered accountants engaged by the States as auditor’s. An appropriate response should also be sent to the complainant. 4.10. Procurement Audit (also applicable to Procurement of Services) Post review of all the contracts under the Project shall be conducted by the government auditors as per laid down procedure. All documents related to procurement should be filed and kept systematically and safely. In addition, the World Bank will also have the right to conduct post review of the contracts at the central, states, and the districts levels. The concerned authorities will be required to make all relevant documentation available to the World Bank, as and when required. 4.11. Review of contracts by the World Bank (also applicable to Procurement of Services) 1. It is the Bank’s policy to require that Borrower’s, as well as bidders, suppliers, and contractors, under Bank financed contracts, observe the highest standard of ethics during the procurement and execution of contracts. In pursuance to this policy, the Bank will have the right to require that a provision be included in bidding documents and in contracts financed by a Bank loan/ credit, requiring bidders, suppliers, and contractors to permit the Bank to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the Bank. 2. Contracts which are (i) not subject to prior review by the Bank, and (ii) awarded following these guidelines will be post reviewed by the Bank. 3. The Borrower shall retain all documentation with respect to each contract (including contracts subject to prior review by the Bank) during project implementation and up to two years after the closing date of the Loan Agreement. This documentation would include, but not be limited to tender documents, bids/ tenders submitted by the bidders/ tenderers, the original signed contract, the analysis of the respective proposals, and recommendations for award, for examination by the Bank or its Consultants. The Borrower shall also furnish such documentation to the Bank upon request. If the Bank determines that the goods, work or 53 services were not procured in accordance with the agreed procedures, as reflected in the Loan Agreement and also detailed in the Procurement Plan approved by the Bank or that the contract itself is not consistent with such procedures, it may declare mis-procurement as established in the procurement guidelines. The Bank shall promptly inform the Borrower the reasons for such determination. Procurement checklist for all contracts whether post review or prior review, goods or civil works are enclosed vide enclosure 7 to 10. 4.12. Mis-Procurement The Bank does not finance expenditures for Goods, works and consultancy services, which have not been procured/ contracted in accordance with the agreed provisions of the financing agreement and as further elaborated in Procurement Plan agreed with the Bank. In such cases, the Bank will declare mis-procurement, and it is the policy of the Bank to cancel that portion of credit/ loan allocated to the goods, works, and consultancy services that have been mis-procured. The Bank may, in addition, exercise other remedies provided for under the Financing Agreement. Even when the contract is awarded after obtaining “no objection” from the Bank, the Bank may still declare mis-procurement, if it concludes that the “no objection” was issued on the basis of incomplete, inaccurate, or misleading information furnished by the Borrower or the terms and conditions of the contract had been modified without Bank’s prior approval FLOW DIAGRAM FOR SELECTION OF CONSULTING FIRMS (QCBS) IMPLEMENTING AGENCY PREPARES TERMS OF REFERENCE NO OBJECTION BY WORLD BANK IMPLEMENTING AGENCY ADVERTISE FOR EXPRESSION OF INTEREST AND PREPARE SHORTLIST OF CONSULTANTS NO OBJECTION BY WORLD BANK IMPLEMENTING AGENCY PREPARE AND ISSUE REQUEST FOR PROPOSALS IMPLEMENTING AGENCY RECEIVE AND EVALUATE TECHNICAL PROPOSALS NO OBJECTION BY TENDER REVIEW BOARD ETC NO OBJECTION BY WORLD BANK IMPLEMENTING AGENCY PUBLICLY OPENS FINANCIAL PROPOSALS OF QUALIFIED FIRMS, EVALUATE FINANCIAL PROPOSALS COMBINED EVALUATION AND SELECTION OF SUCCESSFUL FIRM NEGOTIATIONS WITH SUCCESSFUL FIRM AND DRAFT CONTRACT NO OBJECTION BY WORLD BANK IMPLEMENTING AGENCY SUBMITS 2 COPIES OF SIGNED CONTRACT TO WB IMPLEMENTING AGENCY SIGNS CONTRACT CONTRACT IMPLEMENTATION 54 Procurement Procedures I. SPECIFICS FOR ANDHRA PRADESH : The procurement management is organized jointly by the Purchase Committee of APPCB and the Project Director of the PIU. All the procurement for the project will be placed before the PSC for approval. Component 1: Strengthening Environmental Institutions: Building Capacity for Remediation: As the project implementation is through PIU, the procurement shall be for: i. detailed inventorization, characterization of the Hazardous waste categories in the state, ii. identification, Characterization and sourcing of illegal dumpsites. iii. remediation study of contaminated soil and ground water for HW priority sites iv. Performance Evaluation and preparation of monitoring protocols for TSDF v. prioritizing industries based on process technologies. vi. identifying the industries for individual treatment and disposal. vii. sampling and analysis of different categories of hazardous / Municipal solid waste viii. impact of MSW dump sites on .environment(15 corporations) ix. GIS mapping of Hazardous Waste units, Illegal dumps and Municipal waste dumps for three districts. x. Procurement of infrastructure for the laboratories. xi. Strategy Formulations for Environmental Compliance Assistance Centre and xii. Trainings to staff of the APPCB and officials of stake holder departments on various aspects of environmental management. Component 2: Investments in Priority Remediation and Environmental Improvements in orphan hazardous waste sites and municipal dumpsites: This component includes procurement of Goods & Equipment, Works and consultant services for remediation of Noor Mohammed Kunta and Municipal solid waste dump site of Kadapa Municipal Corporation. Component 3: Project Management: This component includes procurement of consultants for the PIU. Other Components: Procurement for other components will mainly include incremental and operating cost for hiring of vehicle, purchase of consumables, repairs to equipments, purchase of filter papers etc; The procurement for the implementation of the component will be carried out centrally by the APPCB. They had experience in handling the Bank assisted projects Procurement following the Bank’s Procurement guidelines i.e. IPP II Project. The APPCB already initiated action by training one of the staff (Analyst Gr-I who is the procurement specialist of PIU) in Procurement of World Bank Procurement Procedures from National Institute of Financial Management, Faridabad from 25th July 2008 to 8th August 2008. He will be responsible for handling procurement in consultation with the respective Unit handling the 55 subject. He will be assisted by Procurement Assistant who will be hired for the implementation of the project. Procurement of goods: The major procurement of goods and equipment would be under Components 1 and 2 as already discussed above in para 1. Procurement of goods under Components 1 and 2 will be related to GC-MS-MS, CHNS Analyser, Gas Chromatography with thermal disorder system, Solid waste extract assembly etc. These procurements are expected to be of low value except some higher value contract like GCMS equipments and shall be carried out following NCB/ICB procedures, depending on the value of the contract and the availability with in India or in a foreign country. However, if any procurement is undertaken following ICB, Bank’s Guidelines and Standard Bidding Documents shall be used. Procurement of Works: Procurement of works is anticipated like cleaning of lakes, municipal solid waste Management pilot Project under the project, will follow NCB method of procurement procedures. Selection of Consultants: Selection of consultants would mainly include hiring of consultants including international consultants for all the three components Training: Training will basically cover workshops, training for staff hands on training for sampling, hands on training for analytical techniques and Instruments, hands on training for processing Technologies and design of landfill facilities etc These shall be carried out in accordance with Procurement plans prepared by the APPCB and approved by the Bank. II. i. SPECIFICS FOR WEST BENGAL The procurement management will be organized by the PIU Director through Procurement Cell with help of Procurement Specialists. Procurement Plan for Consultancies: ECAC Activities: There are four activities related to ECAC i.e. a) b) c) d) ii. center’s interior design & development, preparation of a detailed business strategy plan, technology assimilation/sector studies to be done by international experts periodic sector studies to be done by domestic/ national experts. Hazardous Waste Studies: The activities are as follows: a) inventorization and characterization of HW categories of industries and sampling and analysis of HW, b) assessment and preparation of priority contaminated sites at Khardah, Durgapur, Belda and Dankuni, c) detailed feasibility/ engineering study and bid document preparation – Hooghly HW sites, 56 d) independent supervision consultant – Hooghly HW sites, (e) Hooghly sites – (NGO works), e) identifying illegal dump sites, f) common communication and monitoring – Hooghly HW sites, g) independent third-party soil & water monitoring – Hooghly HW sites h) Environmental Monitoring Initiative – Hooghly and i) supervision consultant – Chakundi site. iii. MSW Studies: The activities related are as follow: a) impact of MSW dumpsites on environment, b) detailed design, engineering and bid document preparation – Dhapa site, c) Dhapa (NGO work), d) supervision consultant – Dhapa MSW site, e) community communication and monitoring – Dhapa MSW site f) Environmental Monitoring Initiative – Dhapa MSW site. Engagement of specialists and staff for the project iv. Specialists to be engaged: a) Environment & Social Safeguards Specialist b) Communication cum Training Specialist, c) Procurement Specialist d) Periodic sector studies – domestic/ national experts – ECAC. v. Staff to be engaged: a) One Project Procurement Officer - (Full time) b) One Project Accounts Officer - (Full time) c) Two Project Procurement Assistant - (Full time) d) Three Project Account Assistant - (Full time) e) Two Project Scientific Assistant - (Full time for lab) f) Two Project Analytical Assistant - (Full time for lab) g) One Project Officer (IT) - (Full time for Infrastructure Cell)) h) One Project Assistant (IT) - (Full time for Infrastructure Cell) i) Five Project Engineers - (Full time for Technical Cells) j) One Environment Specialist - (Full time for ECAC) k) One Assistant Environmental Specialist - (Full time for ECAC) l) One IT Specialist- (Full time for ECAC) m) One Assistant IT Specialist - (Full time for ECAC) n) One Admin. & Fin. Manager. - (Full time for ECAC) o) One Office Assistant - (Full time for ECAC) Procurement of Works: Works procured under this project would include remediation of 7 numbers of contaminated illegal hazardous waste dumping sites in Hooghly district and remediation of Dhapa MSW site. The works contracts estimated to cost $1,000,000 or more will be procured following the ICB procedures. The project includes a relatively big civil works contract estimated to $16.13 million for physical remediation of these contaminated dumping sites, development of monitoring network and post closure monitoring network 57 and post closure monitoring after remediation till completion of the study period. Given its size and complexity, a pre-qualification stage will be carried out, after which a two stage bidding process will be followed. The trial document “Design, Build and Operate of Solid Waste Facility” may be used by PIU, at their choice, with respective modifications / adjustment. Works contracts estimated to cost less than $10 million may be purchased following the National Competitive Bidding (NCB) procedures. • • • • The activities related to works are remediation works (excavation & related works) Hooghly HW site, remediation works (transportation, treatment and disposal) – Hooghly HW site (7 locations), closure and containment works (excavation and related works, stabilization & closure) – Dhapa MSW site, and design, engineering, remediation and transport works – Chakundi site. 58 SECTION VII FINANCIAL MANAGEMENT Financial Management Action Plan 1. The MOEF will maintain adequate financial management system, including accounting, financial reporting and auditing to provide reliable and timely information regarding project resources and expenditures. The financial management system will be managed by Programme Management Consultant (PMC) under the guidance and supervision of the Project Director and will prepare the budgets and will control all financial and logistics, such as: payment, purchase and registration of all materials, and preparing financial management reports. Purpose of Financial Guidelines 2. The purpose of these Guidelines is to summarize financial management arrangements of the project which will be applicable to MoEF and State Pollution Control Boards for smooth financial management of CBIPMP. Financial Management and Disbursement Arrangements MOEF as implementing entity 3. MOEF will have the overall responsibility for financial management of the project and will be supported by PMC in ensuring that funds flow, accounting, internal controls, financial reporting, disbursement and audit are carried out in accordance with project legal agreements and financial guidelines of the project. Key FM task will be: (a) annual budgetary provision for the project and monitoring of project expenditure against project budget; (b) approval of annual work plan and budgets of WBPCB and APPCB; (c) ensuring sufficient and timely funds flow for activities at state level and for MOEF level activities; (d) regular financial reporting at all levels of the project and compilation of quarterly financial reports and annual financial statements of the project; (e) timely submission of reimbursement claims to the Bank; (f) conducting regular financial reviews of state pollution control boards; and (g) ensuring annual external audits at MOEF, APPCB and WBPCB for the project as per the agreed TOR with the Bank, consolidation of implementing entities’ audited financial statements and audit observations, submitting consolidated annual audit report of the project to the Bank and ensuring compliance to auditor’s observations. Budgets 4. At GOI level, project’s funding requirements will be provided within the budget of the MOEF as a separate budget line under Externally Aided Projects. Adequate provision will be made by MOEF in the budgets for the year 2010-11 onwards to ensure appropriate funds flow for the implementation of the project. MOEF will also ensure that adequate budget provision is made at the state levels for the respective state shares for the implementation of the project activities in AP and WB. 5. Annual work plans and associated procurement plans will be submitted by APPCB and WBPCB to MOEF at the beginning of every financial year based on which MOEF shall release advance funds to the Boards. The PMC will prepare a consolidated work plan for the year for the project, including a work plan for activities at the central level and state levels. The PMC will carry out overall monitoring of project expenditure against project budget and the implementing entities 59 in the state will monitor expenditure against their own budget as well. Bank’s procurement procedures will be followed by all implementing entities. Funds Flow 6. MOEF will implement the project as per treasury mode at the level of MOEF using the existing system of Pay and Accounts Office (PAO) for project related payments. A contract will be duly signed with the PMC for the project management functions. PMC will also be responsible for payment of routine operating expenditure for the project at the central level and will be provided necessary advance for such purpose. 7. For implementation of the project at the state level, adequate funds will be advanced by MOEF to APPCB and WBPCB. MOEF will release funds to State Pollution Control Boards as per the following installment schedule and criteria: Financial Year 2010-11 2011-12 and onwards Criteria for releases of funds by MOEF to PCBs (and indicative date) Advance to be released by November 1, 2010 based on approved work plan for 2010-11. 1) 70%: by May 1, based on approved work plan for the year; and submission of progress report and financial report with utilization certificate (UC) for the previous year. 2) 30%: by September 30 or the date of receipt of audit report and audited financial statements of the previous year whichever is later, along with financial report with UC for the expenditure incurred out of the first installment. Please refer to diagram below for flow of funds to State Pollution Control Boards. Government Governmentof ofIndia India (80%) Worl World Bank d Bank State share from State Treasury (15%) MOEF’s Budget Head State Pollution Control Boards (PIUs) Accounting and Internal control 8. Accounting: Accounting and maintenance of records for MOEF level activities will be carried out as per General Financial Rules (GFRs). For project purposes, cash basis of accounting will be followed. However any advances paid will be classified as advances for the project and 60 charged to expenditure only upon confirmation of receipt of goods/services. Standard books and records will be maintained at MOEF by PMC such as Sanctions File, Expenditure Control Register, Year-wise expenditure details of Pollution Control Boards, Reimbursement Claims and Asset Register. Financial records at MOEF will form the basis of preparation of the Interim quarterly and Annual Financial reports for submission to the Bank the formats of which are included in the operational manual of MOEF. 9. Internal Controls: Internal controls at MOEF for the project will be as per Financial Guidelines for the project and GFRs. A system of annual physical verification of assets procured out of project funds at the MOEF will be established. Internal Audit Unit of MOEF will be authorized to carry out internal audit of the project at MOEF level as per its own discretion. Finance Staffing 10. It has been agreed to have the position of a finance manager within the PMC who will be responsible for ensuring adequate financial management arrangements for the project at the centre and monitoring financial management arrangements at the states during the implementation of the project. Given the critical role of the financial manager in the proposed PMC, ToR for this position has been agreed and is included in Financial Guidelines. The position of financial manager will be an integral part of the MOEF (within PMC) for the project at the central level and maintenance of this position throughout the project life will be a financial covenant in the project financing agreement. Financial Reporting 11. The MoEF will submit a consolidated quarterly interim unaudited financial report (IUFRs) in the agreed formats to the Bank within 45 days of the end of each calendar quarter. This will be prepared by the PMC based on expenditure incurred at the central level and expenditure reported in the quarterly IUFRs submitted by APPCB and WBPCB to the MOEF. In addition, consolidated reports on Audited Financial Statement (AAFS) of the project will be submitted annually to the Bank. Disbursement 12. The Government of India will open a Special Account (SA) in Reserve Bank of India to receive disbursements from the Bank. The initial SA Advance will be based on forecasted cash flow of one year at the beginning of the project and will be provided to GOI. The limit of the advance has been established at USD 5 million. Thereafter all disbursements will be made based on IUFR to be submitted on calendar quarterly basis and such reimbursements will be annually reconciled by MOEF with the consolidated annual audited financial statements submitted to the Bank as elaborated under the “External Audit” para below. Project Preparation Facility 13. A Project Preparation Facility (PPF) for the project was established for US$ 570,000 (reference: Q5270) for the project, which is currently valid till September 30, 2010. Audit report for the expenditures incurred under PPF until 31 March 2010 will need to be submitted by 30 September 2010. The expenditure for the next six months will be audited along with the project expenditure for 2009-10. External Audit 14. Annual audited project financial statements will include: (i) actual expenditure at the implementing entity at central level, i.e., MOEF; and (ii) actual expenditure at each implementing 61 entity at state level, i.e., APPCB and WBPCB. MOEF will be responsible for consolidation of all implementing entities’ audited financial statements and audit observations and submit reports on consolidated annual audited financial statements to the Bank, along with a summary of audit observations as well as actions taken to address such observations. This consolidated information along with a reconciliation of the audited expenditure with the reimbursement claims submitted to the Bank on the basis of IUFRs will be submitted to the Bank within six months of the close of the financial year. The audit will be done by private chartered accountants at the states and by C&AG at MOEF. A project specific TOR for audit has been agreed with MOEF and are included in Financial Guidelines of the project. The audit for the central level expenditure will be conducted by C&AG as per the TOR already agreed with the DEA and Bank. 15. The following audit reports will be sent to the Bank Audit Report Implementing Agency Annual consolidated audited financial MOEF MOEF statements and summary of audit (based on consolidation of observations (along with a reconciliation audited financial statements of the audited expenditure with the for expenditure incurred at reimbursement claims submitted to the MOEF, APPCB and Bank on the basis of IUFRs) WBPCB) Special Account DEA/GoI Due Date 30 September 30 September Public Disclosure 16. Necessary financial information such as annual budgetary provision by MOEF and states, funds released to WBPCB and APPCB, IUFRs and annual audit reports (including for the expenditure incurred at APPCB and WBPCB) will be displayed on the project website. Project Covenants 17. MOEF will establish and retain during project implementation a financial management cell at the central level with a finance professional with qualifications acceptable to the Association. Submission of quarterly consolidated IUFRs within 45 days of the close of the quarter Annual consolidated audited financial statements; and summary of external auditor’s observations along with compliance reports on the audits conducted at MOEF, APPCB and WBPCB to be submitted within six months of the closure of the financial year. Andhra Pradesh Pollution Control Board (APPCB) as implementing entity for CBIPMP Implementation Arrangements 26. APPCB as an implementing entity of the project in the state will manage financial expenditure in line with the agreed annual project budgets over the project period of September 2010 to September 2015. 27. The APPCB will establish a Project Implementation Unit (PIU) which will have responsibility for day to day project implementation and coordination with other stakeholder agencies. It will also serve as a Secretariat for the State Steering Committee. 62 28. APPCB will ensure adherence to Financial Guidelines of the project. Key FM tasks of APPCB for the project will include: (a) preparing annual budget and work plan for the project and submitting it to MOEF; (b) receipt of funds from MOEF and the state government (15% share, including for cash compensation if any); (c) ensuring funds flow for project activities; (d) maintaining appropriate accounts and internal controls; (e) submission of quarterly financial reports to MOEF in the agreed formats; (f) timely completion of financial audit for project expenditure in the state by an acceptable independent firm of Chartered Accountants as per terms of reference agreed with the Bank and submission of annual audit report to MOEF; and (g) maintaining a fully staffed FM cell for the project in the state. 29. APPCB will follow the Bank procurement guidelines for awarding contracts, (including for financial audit by an independent firm of Chartered Accountants), as well as procuring necessary equipments and services. Budgets and Funds Flows 30. At GOI level, the project’s funding requirements will be provided in the budget of the MOEF. Funds to APPCB for the project will be provided in the ratio of 85% and 15% by MOEF and state respectively. The state government will also make provision for its share (15%) in its annual budget. APPCB will include annual estimate for the project in its annual budget as per its standard procedures and inform MOEF about the same. 31. Funds will be provided by MOEF to APPCB on the basis of forecast of expenditure as elaborated above. APPCB will open a separate bank account for the project in a nationalized bank. Accounting and Internal controls 32. Accounting Center: The central office of APPCB in Hyderabad is supported by 5 zonal offices and 19 regional offices in the state, all of which are accounting centers of APPCB. At present, recording of expenditure and financial reporting from these centers needs to be further strengthened. APPCB also needs to prepare a financial manual to provide necessary guidance to field staff on accounting, internal controls and reporting aspects. APPCB proposes to prepare a financial manual to guide its staff. 33. For the purposes of the Bank project, it is agreed that all the expenditure for the project in the state will be incurred directly by the central office of APPCB based at Hyderabad. While zonal offices/ regional offices may be engaged in necessary implementation efforts for the project, they will not incur expenditure under the project. Therefore central office in Hyderabad will be the only accounting center in the state under the project. 34. Basis of Accounting: APPCB follows cash basis of accounting with any advances paid being classified as advances and charged to expenditure only upon confirmation of receipt of goods/services. The same accounting policy will be followed for execution of the project. 63 35. Software: APPCB currently uses a customized accounting software package which has been reporting bugs since a long time, is currently not serviced and therefore not considered reliable for accounting and reporting on expenditure of the project1. APPCB proposes to use an ‘off the shelf’ accounting package “Tally” for recording and reporting on project expenditures to MOEF, which is acceptable to the Bank. It is informed in April 2010 that this software has been purchased and is already operational. 36. Internal Controls: APPCB will maintain a separate bank account for the project funds under joint signatory mechanism. For expenditure for project activities, after receiving administrative sanction of the State Steering Committee, each proposal will be submitted by technical in-charge to Special Secretary through Chief Accounts Officer and then to Member Secretary. Finance staff of MOEF will undertake regular visits and reviews of financial management arrangements of the project at APPCB. Finance Staffing 37. The existing financial management wing at APPCB is headed by a Chief Accounts Officer (CAO). Although the CAO is very experienced and knowledgeable, he lacks the required skilled staff for the execution of all departmental jobs effectively. This is considered as a high risk and APPCB has agreed to institutionalize a financial management cell for CBIPMP project under the CAO, which will consist of an Accounts Officer and an Accountant with qualifications acceptable to MOEF and the Bank. The FM cell will be fully staffed by November 2010 so that staff can also receive necessary orientation on “Tally” accounting software. Maintenance of this FM cell throughout the project life will be a covenant in the financing agreement of the project. Financial Reporting 38. APPCB will submit quarterly interim unaudited financial reports (IUFR) in the agreed formats to MOEF within 30 days of the close of each quarter, which will reflect expenditures incurred at state level for the implementing entity. APPCB will also submit utilization certificates to MOEF as per standard GOI procedure. In addition, Audited Financial Statement (AAFS) of the project will be submitted annually by APPCB to MOEF within 4 months of the closure of the financial year. External Audit 39. External audit of APPCB is conducted by a firm of Chartered Accountants appointed on the recommendation of C&AG. 40. The annual audited project financial statements at the state level will include actual expenditure at the implementing entity in the formats specified by MOEF. Such financial audit will be conducted by an acceptable independent firm of Chartered Accountants as per terms of reference agreed with the Bank and audit report will be submitted by APPCB to MOEF within 4 months of the closure of the financial year. 41. Project Covenants for the implementing entity at the state level – APPCB At the APPCB level, the following covenant will be included in the financing agreement: 1 APPCB is spending considerable time in manually finalizing its accounts as of now. Reportedly, NIC has been requested to look into the bugs of the existing customized accounting software, but it may take long before the problems are sorted out. 64 APPCB will establish and retain during project implementation a financial management cell with two financial staff with qualifications acceptable to the Association. (B) West Bengal Pollution Control Board (WBPCB) as implementing entity for CBIPMP in the state of West Bengal Background 42. West Bengal Pollution Control Board (WBPCB) is the implementing entity for the project in the state of WB. WBPCB is a Board constituted under The Water (Prevention & Control of Pollution) Act 1974 passed by the Parliament, is financially very sound. Implementation Arrangements 43. WBPCB as an implementing entity of the project in the state will manage financial expenditure in line with the agreed annual project budgets over the project period of September 2010 to September 2015. 44. WBPCB will establish a fully functional Project Implementation Unit (PIU) which will have responsibility for day to day project implementation and coordination with other stakeholder agencies. It will also serve as a Secretariat for the State Steering Committee. 45. WBPCB will ensure adherence to Financial Guidelines of the project. Key FM tasks of WBPCB for the project will include: (a) preparing annual budget and work plan for the project and submitting it to MOEF; (b) receipt of funds from MOEF and the state government (15% share); (c) ensuring funds flow for project activities; (d) maintaining appropriate accounts and internal controls; (e) submission of quarterly financial reports to MOEF in the agreed formats; (f) timely completion of financial audit for project expenditure in the state by an acceptable independent firm of Chartered Accountants as per terms of reference agreed with the Bank and submission of annual audit report to MOEF; and (g) maintaining a fully staffed FM cell for the project in the state. 46. Certain activities of the project may be supported by additional efforts from West Bengal Industrial Development Corporation (WBIDC) under the guidance of WBPCB. It has however been agreed that this will be supported by a valid MOU to be cleared by the Bank in advance; and any expenditure under the MOU will be recorded by WBPCB and its records will also be maintained at WBPCB. Budgets and Funds Flows 47. At GOI level, the project’s funding requirements will be provided in the budget of the MOEF. Funds to WBPCB for the project will be provided in the ratio of 85% and 15% by MOEF and state respectively. The state government will also make provision for its share (15%) including for cash compensation for loss of livelihood in its annual budget. WBPCB will include annual estimate for the project in its annual budget as per its standard procedures and inform MOEF about the same. 65 48. Funds will be provided by MOEF to WBPCB on the basis of forecast of expenditure as elaborated in the annexure above. WBPCB will open a separate bank account for the project in a nationalized bank. Accounting and Internal controls 49. The central office of WBPCB is supported by 2 circle offices and 11 regional offices in the state. Financial management is however centralized as accounting for all the expenditures is recorded at and paid from the central office in Kolkata. While the circle offices/ regional offices may be engaged in the necessary implementation efforts, the same centralized financial management arrangement will be followed for the Bank funded project and is considered adequate. WBPCB follows cash basis of accounting with any advances paid being classified as advances and charged to expenditure only upon confirmation of receipt of goods/services. The same accounting policy will be followed for the execution of CBIPM project. WBPCB will be using Bank procurement guidelines for awarding contracts (including for financial audit by an independent firm of Chartered Accountants) as well as procuring necessary equipments and services. WBPCB uses customized accounting software and is presently implementing a new in-house developed accounting software package which was under testing stage and is fully implemented now. While WBPCB will maintain a separate bank account for the project funds under joint signatory mechanism, the new software will also provide a value addition facility to create a separate project account and record all the expenditures incurred under the project in this project account. Finance Staffing 50. The existing financial management wing at WBPCB is fully staffed and includes two professionally qualified Finance Managers who are very experienced. While the project may hire a junior level additional staff for the project, it is agreed that these two managerial staff will handle the additional responsibility pertaining to the financial management matters of the project and constitute the financial management cell for the CBIPM project at the state level under the Member Secretary. Maintenance of the financial management cell will be a covenant in the financing agreement. Financial Reporting 51. WBPCB will submit quarterly interim unaudited financial reports (IUFR) in the agreed formats to MOEF within 30 days of the end of each quarter, which will reflect the expenditures incurred at the state level for the implementing entity. WBPCB will also submit utilization certificates to MOEF as per standard GOI procedure. In addition, Audited Financial Statement (AAFS) of the project will be submitted annually by WBPCB to MOEF within 4 months of the closure of the financial year. External Audit 52. The external audit of WBPCB is conducted by a firm of Chartered Accountants appointed on the recommendation of C&AG. WBPCB agrees for separate audit arrangements for the Bank funded project and the annual audited project financial statements at the state level will include the actual expenditure at the implementing entity in the formats specified by MOEF. Such financial audit will be conducted by an acceptable independent firm of Chartered Accountants as per the terms of reference agreed with the Bank and will be submitted to the MOEF within 4 months of the closure of the financial year. 66 53. WBPCB has initiated an internal audit system and it is agreed that during the implementation of the project, the internal audit reports will be shared with the Bank team during supervision missions. 54. Project Covenants (for the implementing entity at the state level – WBPCB At the WBPCB level, the following covenant is included in the financing agreement: WBPCB will maintain during project implementation a financial management cell with two financial staff with qualifications acceptable to the Association. The financial management reporting format to be followed by MOEF and both the State pollution control boards is enclosed in Annexure VI. 67 SECTION VIII MONITORING & EVALUATION FRAMEWORK 1. The proposed Monitoring and Evaluation (M&E) system being designed by the MoEF has the following four components: i. Computer-based MIS ii. Periodic Review iii. Sustainability monitoring and evaluation iv. Community monitoring (i) Computer-based MIS 2. The computer-based MIS would be driven by a set of indicators. These indicators would be objectively verifiable and would form the basis of all information entering the system. The indicators suggested are in the following four categories: Physical progress Financial progress Sustainability Development objectives 3. While the first two are progress indicators, the other two contain both process and impact indicators. The logical framework for developing the indicators is spelt out in the chapter three of this document. The output reports generated by the system would be in the same categories as indicator categories. 4. The information would be collected using paper based input formats. The information collection would be carried out by the concerned field level project staff, which could also include the non-government and other support organizations engaged to provide capacity building support to the user communities, as eventually decided by the project management agency. (ii) Periodic Review 5. A system of Periodic Review has been suggested to enable the POC and other stakeholders to track the qualitative aspects of physical and financial progress and assess improvement in environmental quality. This would also facilitate the project managers to learn from the field experience and suggest strategic inputs for further strengthening of the design and strategies, particularly during planning and implementation of NPRPS. After completion of first set of remediation investments, monitoring indicators and processes will be reviewed to improve upon them as per the feedback received from the various stakeholders. The subsequent follow-up revised plans including remedial measures will be developed and implemented. (ii) Sustainability Monitoring and Evaluation 6. This component essentially aims at tracking the sustainability prospects of the remediation schemes during the project life cycle. Though the actual sustainability of remediation schemes will be seen 2-3 years after completion, the factors that determine sustainability have to be identified and addressed right from the planning phase and through the implementation phase. 68 Hence the exercise of sustainability monitoring and evaluation is proposed to be undertaken during planning, implementation, and operation and maintenance phases. 7. It is proposed to evaluate the sustainability on 12 parameters. These parameters are broadly categorized under four heads which are Institutional, Technical, Financial and Social Sustainability. 8. A Results Monitoring Matrix has been developed to monitor progress across all project activities during the five year project implementation (attached below). Procurement plans will be aligned with the planned project outcomes. Progress reports will include reports on status of key monitoring indicators. At mid-term review a review and assessment of progress based on the performance indicators will be undertaken by the POC in coordination with the Bank. 9. Site specific monitoring plans regarding monitoring of environmental impact parameters at the four pilot sites have been included in the feasibility studies. These have to be operationalized by the State PCBs and results recorded in the semi-annual progress reports. (iv) Community Based Monitoring 10. The project is envisaged to benefit the surrounding community through improved environmental quality and reduction of health risks due to exposure to sites. This basically means that members of the neighbouring communities would be actively involved in monitoring any improvement due to remediation works. In view of this, a system of community monitoring is worked out to help community members track the progress using a set of participatory monitoring tools, which can be easily understood and used by the community members, with some training and handholding, to begin with. Community Monitoring Indicators have been designed to enable communities to monitor progress. 11. Specifically the communities will be engaged in monitoring the implementation of social management plans and aspects of overall area improvements. The State PIUs will include a social specialist which will contract local NGOs to support the implementation of SMP and monitor area activities. Specific budget provision have been made in the PIU budgets for implementation of the monitoring activities which have to start not later than three months before site remediation works commence. PDO 1. to build tangible human and technical capacity in selected state agencies for undertaking environmentally sound remediation of polluted sites RESULTS FRAMEWORK Project Outcome Indicators i) Clean up/remediation technologies have been piloted at orphan hazardous waste sites and municipal dumpsites in selected states and a network of state PCBs established by MOEF for knowledge dissemination and project based training ii) Guidelines and standards for remediation developed and supervisory capacity of technical staff at 69 Use of Project Outcome Information To measure progress on achieving PDO throughout the project life, specifically on strengthening the institutional framework for rehabilitation of contaminated sites environment agencies to implement remediation plans and monitor environmental conditions strengthened. iii) An Environmental Compliance Assistance Center has been established and fully functional by end of year two in WB and by end of year four in AP iv) Water quality and soil characteristics at the pilot sites comply with specified standards and mechanisms established to monitor in the long term. 2. To support the development of a policy, institutional and methodological framework for the establishment of a National Program for Rehabilitation of Polluted Sites (NPRPS). Intermediate Outcomes i) Supporting the NPRPS by developing a methodological framework for inventorying polluted sites, establishing remediation procedures and solutions and engaging multiple stakeholders in the implementation, including cost recovery mechanisms. Intermediate Outcome Indicators Use of Intermediate Outcome Monitoring Component 1: Strengthening of Environmental Institutions: Building Capacity for addressing pollution remediation a. Methodological guidelines for risk assessment, prioritization and plans for remediation of polluted sites are in place to support the preparation of NPRPS. i) Guidelines and standards for remediation developed and adopted by participating states and Ministry of Environment ii) Analysis of existing environmental legislation related to liability and international experience on remediation of contaminated sites and b. Human resources and formulation of policy framework. organizational capacity of iii) Development of procedure for State PCBs for undertaking remediation orders for ‘orphan and remediation of contaminated non-orphan sites’ which pose urgent sites strengthened in the risk to human health and environment pilot states. iv) Technical staff of State PCBs trained to supervise the implementation of remediation plans and monitor area environmental conditions. v) ‘Good practice notes’ on site rehabilitation disseminated to the SPCB network; conduct knowledge dissemination events sponsored by the MOEF in selected states. 70 To measure progress, record, discuss with client and agree on corrective measures To assess the capacity of states to undertake and scale up remediation projects To measure the uptake of remediation initiatives by other states and scale up remediation vi) The extent of indiscriminate disposal of hazardous wastes in the pilot states drastically diminished and verified through data collected by State PCBs and verified through an end of project beneficiary survey. vii) Community monitoring implemented in two states viii) GAAP Milestones are met To monitor the capacity of participating PCBs and change of behavior of industrial units in the pilot areas i) Area-based remediation plans demonstrating effective technologies for pollution reduction under implementation in WB and AP. ii) Pollution hazards reduced to acceptable level using remediation /containment technologies at two pilot HW sites. iii) Measurable improvements of the environmental conditions around old dumpsites in two states monitored by SPCBs iv) Post-remediation monitoring system with appropriate infrastructure and agreed indicators established at three remediated sites by end of year 4. v) Environment and Social assessment acceptable to the Bank carried out and disclosed for pilot projects implemented in year one and two prior to negotiations. vi) Involvement of local authorities and neighboring communities and level of support to rehabilitation of sites. To determine the progress of remediation and measure it to specific performance indicators in the pilot sites Component 2 : Investments in rehabilitation of orphan hazardous waste sites and municipal dumpsites a. Clean up/remediation technologies will have been piloted on orphan sites in AP and WB with lessons derived and available for replication to other states. b. A ‘blueprint’ for addressing legacy pollution with adequate environment and social safeguards provisions will have been developed Project implemented according to agreed timeline PIUs fully adhere to project implementation agreements i) State PIUs maintains adequate staff with expertise and skills throughout project life and follow up the provisions of POM. ii) State PIUs participate in supervision missions. Arrangements for Results Monitoring (detailed table in Annex I) 71 To record ‘best practice’ and lessons learned from remediation pilots To monitor progress of implementation of pilots and ensure compliance with technical safeguards. To monitor implementation progress, discuss with client and agree on corrective measures to ensure compliance with Bank safeguard policies To determine progress towards achieving project impacts and influence behavioral changes at community level To monitor implementation Project Outcome Indicators 1.NPRPS using risks assessment methodology for prioritizing polluted sites, supported by public consultations is developed 2 Pilots for remediation using area based approach ready for implementation including pollution profiling and mapping, indicators, detailed engineering plan, monitoring and aftercare program 3 Establish national clean-up standards and monitoring mechanisms Baseline 4. Establish ECAC to promote measures for voluntary industrial compliance Nil 2.b. Establish knowledge dissemination network for SPCBs Annual Meeting of SPCBs Mid term Project completion Nil Approval of NPRPS by POC Submission of a NPRPS to Planning commission 0% 25 % of site remediation/ closure completed at 2 HW sites; 100 % of site works completed at four pilot sites 20 % of closure of MSW sites completed Nil Continuous monitoring of pilot sites using monitoring protocols and compliance with standards specified for pilot sites - Fully staffed and operational WB ECAC - Stakeholder consultation completed for dissemination of best practices in HWM shared among PCBs - Documentation and dissemination of lessons learnt from remediation good practices shared at workshop with state PCBs 72 Continued compliance of remediated pilot sites with standards specified for pilot sites -Sustainable funding mechanism for ECAC in place - Fully staffed and operational AP ECAC -Programs for EM and compliance of SMES in Chrom/ metallurgical, petrochemical industries under implementation -Clean Technology Fair - Training completed for technical staff of SPCBs in states with identified orphan hazardous waste sites -Dissemination of protocols (monitoring, liability, remediation technology) under NPRPS at workshop with state PCBs SECTION IX Governance Accountability Action Plan (GAAP) The objective of the GAAP is to identify the critical areas and measures to enhance the transparency, accountability and performance of the project, and thus achieving project results and higher development impact. Broadly, the key governance and accountability issues in the project are two-fold: i. Issues that arise from the innovative/pilot nature and technical aspects of the project and lack of prior experience in comprehensive clean up, which is carried out with due consideration of economic, environmental, social considerations. It will result in some difficulties to a priory assess of the exact technical scope of remediation works and accurately define the technical specification and cost of site works before detailed area profiling is done. ii. Issues that arise from the weak institutional capacity of implementing agencies, internal decision making framework and random communication between the central level and states that may result in delays and more processing time of project milestones and the implementation of internal controls and financial management and procurement requirements. Implementation issues, risks and mitigation measures are outlined in the table below. 73 Governance Accountability Action Plan (GAAP) Issues/Risk/ Rating Implementation Demonstration effect of remediation diminished due to lengthy pilots implementation (M) Item Mitigating Actions Responsibility Timeline -Agree on roles of project oversight structure and progress reporting MOEF and State PCB Poor performance by state -Use project resources to State PCBs implementing agencies strengthen and rationalize (M) the technical capacity of State PCB -Nominate staff of PIU according to agreed TORs -Prepare timelines for implementation Failure to sustain -Expand community State PCB remediation results outreach to change behaviors (M) and prevent secondary pollution -Agree on a plan for regular monitoring of industries in the area by PCB Lack of appropriate - Expand community State PCBs communication to public outreach activities using and communities on project resources remediation results (M) SEMF and site specific mitigation measures not properly integrated in the pilots - Technical documentation and Bidding documents for site remediation includes safeguards provisions 74 State PCBs Agreement during appraisal/ negotiations Y1 Early warning indicators -Delayed progress reports -Delayed contracting of independent supervision -Delays in detailed engineering design -Failure to nominate technical staff for training - Substantial deficiency in staffing of PIU - Failure to submit progress reports Y1 and onwards -PCB fails to inventorize and monitor units generating HW in the project Area Public consultations during preparation of E&SA Y1 and onwards Y1 and onwards -Complaints from communities continue - Social and Environmental issues inadequately addressed in progress reports - Social and Environmental issues inadequately addressed as witnessed during site visits Project execution and contract management (L) Poor quality of technical documents causing delays (M) Inaccurate invoicing of works (M) Payments made without prior verification of quantities and quality of site works (M) Non-compliance of contractors with site specific safeguards and site mitigation measures (L) Procurement Incomplete technical specifications (M) -Early involvement of independent supervision in review of technical specs - Periodic review of bidding process - Strengthen technical supervision and introduce mandatory field checks - Ensure adequate capacity of PIU FM State PIU Y1and Y2 -Poor quality of bidding documents State PIU Y2 and onwards - Mandatory site visits and reporting by independent supervision consultant - Combined Procurement and FM audits -Intensify site visits of completed works suspend payments if at fault - Contractors workshops periodic review of quality of contractors documents State PIU Y2 and onwards -Costs either too low or too high and/or do not match with progress of contract milestones -No compliance of completed and certified works - Slow progress of site works State PIU Y2 and onwards -Pre-bid briefings and quality written clarifications to bidders in a timely manner MOEF POC and State PIU Prior to effectiveness Y1 and onwards 75 -Poor quality of bidding documents - Obvious omissions of safeguards requirements in the contractors documents -Procurement delays -Lack of response from bidders Procurement delays and higher cost (L) Poor supervision of contracts (M) Collusion among contractors (M) Delays in bid evaluation (M) Financial Management System and Internal controls Submission of forged documents to win contracts (M) Inadequate and unreliable FM information and incomplete FMR (M) Lack of compliance with established internal financial controls (M) - Mandatory uploading on bidding documents at PCB website -Avoid ‘slice and packaging’ to attract bidders -Review quality of bidding documents -Maintain procurement staff of adequate quality MOEF POC and State PIU State PIUs Y1 onwards -Records of public openings of bids kept on the public domain and disseminated within 15 days of contract award -Create procurement database for each pilot site with procurement plan - Keep accurate records of all documents with data of EIO, and bids -Undertake internal audits -Random verification of references of firms State PIU Y1 onwards State PIU POC Y1 and onwards -Lengthy time between bid submission and award -Number of extensions of bid validity exceeds the acceptable standards POC and State PIUs Y1 and onwards -Incomplete of missing bank guarantee documents - Ensure FM training before effectiveness -Obtain TA to improve the quality of record keeping (electronic and manually) - Strengthen financial management oversight through line ministry and State Governments - PCB PIUs Prior to effectiveness and Y1 onwards MOEF and States Y1onwards -Inordinate delays in submission of quarterly FM reports - Unaudited yearly reports -Significant variation of expenditure and budgets 76 Y1 and onwards -Winning bids too high compared to similar works - Delays in commencement of work after contract -Lack of proper reporting -Frequent changes in the procurement timeline -Bidders use same bank for security deposit and bank guarantees -Bids far too low Monitoring and evaluation After-care and monitoring Delays in hiring auditors and overdue audits (H) Inability of auditors to provide quality and independent opinion (M) -Hire auditor on retainer basis with a greed schedule MOEF and state PCB -Same as above PCB Achievement of PDO adversely affected by the lack of project information (M) Achievement of PDO affected by inability to apply checks and balances and implement mid-term corrections (M) Achievement of PDO affected by the lack of engagement of citizens in oversight of project pilots (M) Resources for after-care not planned adequately (H) -Disclosure policy agreed with pilot states -Abide to the provisions of RTI MOEF State PCB After effectiveness onwards - Carry out beneficiaries survey at mid term review to assess public perception PCB PIUs Y1 onwards -Continuous delays -Absence of information from monitoring and evaluation fo progress /results -Agree on the design and implementation arrangements of social accountability mechanism and public engagement -Include first year after care in the remediation contract - Assign reasonability to PCB for regular monitoring of environmental parameter of the site and plan budget resources MOEF and PCBs Y1 Mechanism to be in place by end of Y1 Y3-4 onwards Prior to Project completion -Non- compliance with procedures and arrangements related to community involvement and beneficiaries surveys Complains for violation or improper management of the site reported ( media or elsewhere) -Agree and ensure implementation of after care plans prior to completion of States and MOEF Transfer of responsibility for aftercare monitoring to other agency -Prepare clear TOR and agree with the Bank 77 PCB State Government Y1 By December 2009 December 2009 onwards Y4-5 depending on No evidence of hiring audit firm during supervision -Untimely and delayed rFM reports -Qualified auditor opinions and large number of observations -Large number of request for information -Lack of evidence on timely responses Site/Beneficiary survey during Y5 reports concerns from citizens Delays in agreeing on site management and monitoring arrangements (M) Overall risk. Environment improvements in the area affected by neglect (L) Moderate site remediation and transfer of site for management to municipality -Provide evidence for change of land use as necessary -Engage citizen’s groups /Ag PCB and University AP/ Chrome Municipalities Producers Association in WB monitoring of the site 78 completion of sites Y4-5 -Number of complains, media reports ANNEX I Results Framework: Arrangements for Results Monitoring Intermediate Results Indicators Component 1: Strengthening of Environmental Institutions : Building capacity for addressing pollution remediation Project Outcome Indicators Baselin e YR1 1.1Methodolo Nil gical framework for risk assessment developed as enabling framework for implementatio n of the NPRPS i) Detailed studies to define policy and legal framework including analysis of best international practices initiated; ii) Remediation and cleanup standards initiated 1.2. Human resources and organizational capacity for undertaking 15 officials in SPCBs trained in remediation & post Nil YR2 YR3 YR4 i) Detailed studies to define policy and legal framework including analysis of best international practices completed ii) Remediation and cleanup standards developed iii) Completed study on economic analysis of avoidance of social cost by undertaking remediation 40 technically qualified staff in SPCBs trained in analysis of data, i) National Guidance on remediation of polluted sites completed ii) Stakeholders consultation s organized i) National Guidance submitted to Planning Commission for approval 40 technically qualified staff in SPCBs 20 technically qualified staff trained in SPCBs 79 YR5 Frequenc y and Reports Progress reports Supervisio n reports 15 technically qualified staff of SPCBs Progress reports Supervisio n reports Data Collection Instrumen ts In –house reporting Responsibi lity for Data Collection MOEF/CP CB Official GOI publications MOEF remediation of HW and old dumpsites strengthened in the pilot states 1.3.Dissemina te good practices through knowledge dissemination events 1.4. GAAP milestones are met Nil Nil monitoring of sites remediation technologies, and monitoring of land fills trained in compliance and enforcement trained in operation of equipment i) 4 sector specific workshops and seminars held by WB ECAC and WBPCB ii) WB ECAC website launched iii) Quarterly newsletter and annual report published by WBECAC 25 % of industries aware of good practices as measured by their participation in the workshops/ dissemination of guidelines 4 sector specific workshops and seminars held by APPCB 80 % of industries aware of good practices as measured by their participation in the workshops/ disseminatio n of guidelines APPCB and WBPCB create a WB ECAC Newsletter and annual report Regular reporting on implementation 50 % of industries aware of good practices as measured by their participation in the workshops/ disseminatio n of guidelines WB ECAC Newsletter and annual report trained for trainers for implement ation of the NPRPS 50 % increase in industry’s complianc e with sound waste manageme nt practices Progress report Supervisio n report MOEF with WB PCB AP PCB PCB reports ECAC Annual report WB and AP ECAC Newsletter and annual report WB ECAC Newsletter and annual report Neighboring Neighboring Beneficiari Progress communities communities es survey implement involved in involved in on all ation 80 Publication material In-house reporting MOEF WB-PCB and APPCB project web site linked to their websites of project activities monitoring of remediation monitoring the area to prevent illegal dumping of waste at all project sites project sites undertake n reports Surveys Supervisio n FRM reports Component 2: Investments in rehabilitation of priority Hazardous Waste Sites and overall environmental improvements in the area 2.1. Four area based pollution remediation pilots implemented in WB and AP 0% Detailed engineering studies commissioned 2.2. Measurable reduction of pollution hazards at two HW legacy Nil Establish the current environment profile of the area i) Detailed engineering studies completed; ii) Contractors hired i) 25 % of site remediation works completed in Hooghly ii) 20 % of closure of Dhapa dump site iii) 25 % of remediation works at NMK completed iv) 20 % of works at Kadapa dump site completed Establishment of Continue monitoring monitoring program program; improvemen t in surface and ground 81 i) 60 % site remediation at Hooghly completed ii) 50 % of closure of Dhapa dump site iii) 60 % of remediation works at NMK iv) 50 % of works at Kadapa dump site completed 100 % of site remediatio n and closure works completed Semiannual progress reports Quarterly FMR In house reporting, certification of site works APPCB, WBPCB Reduction of heavy metals contaminant s in soil quality in surrounding Remediati on works completed ; Monitorin g Improvem ent in water quality of NMK and cascading Study to APPCB, establish WBPCB impacts of remediation on crops with respect sites water quality 2.3. Measurable improvements of the environmental conditions around the old dumpsites Nil 2.4. Post remediation after care monitoring systems in place at the four sites Nil 2.5. EMP and Social safeguards measures effectively implemented on four project sites 0% Establish the current environment profile of the area Establishing ground and surface water monitoring system Continue monitoring program Reduction of heavy metals contaminant s in soil quality in surrounding 2 sites with postremediation monitoring infrastructur e 20 % of rag pickers on 2 MSW sites trained in alternative livelihoods 40 % of the rag pickers on 2 MSW sites trained in alternative livelihoods Universal 20 % of school-age PAPs on 2 MSW and 2 HW sites attending school 82 10 % decrease in community reporting of pollution effect on a ambient environment (baseline annual continued and shared with the communit y lake inside Agricultur al University to heavy metal and organic contaminan ts Remediati on works completed ; Monitorin g continued and shared with the communit y 4 sites with postremediatio n monitorin g infrastruct ure i) 100 % of PAPs rehabilitat ed as per ESMF stipulation s for pilot sites ii) 50 % decrease Monitorin g continued and complianc e with standards Stakeholder satisfaction survey APPCB, WBPCB Semiannual progress reports In-house reporting Certificatio n of Site monitoring system APPCB, WBPCB State Progress Reports Supervisio n reports In-house reporting APPCB, WBPCB Independen t impact assessment Mid- term and end of project reports of APPCB and WBPCB) 2.6. Local authorities and neighboring communities involved and support remediation and closure of dumpsites No commu nity awarene ss and no multi stakehol der mechan ism Communities around the pilots sites including NGOs broadly approve remediation plans In each of 4 sites on community members / CSO /NGO volunteers to take part in the local multistakeholder monitoring mechanism Community / CSO representativ e in monitoring mechanism regularly reports to local authorities on pollution activities in the project areas 83 For each 4 sites more than on e local organization per site (e.g. local NGO. CBO, LAEC) is part of MMM in communit y reports of pollution effect on ambient environme nt Regular Progress reporting reports and regular MTR meetings between communit y members of MMM incl. local authority beneficiary survey Field visits APPCB, and random WBPCB discussions with population in the project areas Survey of local beneficiarie s Topic Procurement Financial Management Safeguards Project Disclosure Plan Documents to be Frequency disclosed Project procurement Plan As and when the (PPP) latest revisions are Procurement Plan made (timeline) regular updates List of contractors who purchased bids Name of contractors awarded contracts Minutes of bid opening GOI /MOEF sanctioned amount for the project Expenditure Statement E&SA for public consultation Executive Summary of ESMF Social accountability feedback information Advance information for consultations and surveys Area/ Remediation Pilots Yearly Quarterly Mode PCB Website Local and national newspapers UNDP Business Development Info-shop Website MOEF Website PCB websites MOEF and PCBs PCB Websites websites once in the Info -Shop project cycle / and in accordance with bank safeguards requirements When information is available When planned Annually Yearly progress reports Monitoring of water quality Environmental violations Bi-annually 84 PCB websites Project Publications Progress Reports sent to POC , PSC and the Bank Annexure-II Format for Annual Work Plan Proposal of SPCBs For the Period………………. Name of SPCB:…………….. 85 Sl. No. Components 1. Strengthening of Environmental Institutions: Building Capacity for addressing Pollution remediation Technical Support i Services ii Goods iii Incremental Operating Cost Laboratory equipment i Goods ii Environmental Compliance Assistance Centre i Services ii Works iii Goods iv Incremental Operating Cost Training i Training and Workshops ii Upgrading Information Management Systems i Services ii Goods iii Incremental Operating Cost iv Sub Total 1 a. b. c. d. e. 2. Physical Target Investments in Priority Remediation and Environmental Improvements: Rehabilitation of abandoned contaminated sites a. Remediation of Hazardous Waste Site i Services ii Works iii Goods iv b. Remediation of Municipal Solid Waste Site i Services ii Works iii Goods iv Sub Total 2 3. Project Management a. Establishment / Consultancy Services i Services ii Incremental Operating Cost 86 Financial Outlay (Rs. In Lakhs) iii b. Goods and Equipment i Goods ii c. Domestic / Abroad Training / Study Tour i Training & Workshops ii d. Incremental Operating Cost i Services ii Works iii Goods e. Monitoring & Evaluation i Services Sub total 3 Total Project Cost (1+2+3) Centre Share (85%) State Share (15%) 87 Annex III Format for Annual Work Plan Proposal of MOEF For the Period………………. Sl. No. Components Physical Target 1. Strengthening of Environmental Institutions: Building Capacity for addressing Pollution remediation a. Technical Support i ii Services Goods iii Incremental Operating Cost b. Laboratory equipment i Goods ii c. Training i ii Training and Workshops Sub Total 1 2. Project Management i ii iii iv Services Works Incremental Operating Cost Project Preparation Cost Sub total 2 Total Project Cost (1+2) World Bank Share (85%) MoEF Share (15%) 88 Financial Outlay (Rs. In Lakhs) ANNEX IV Format for Quarterly Interim Unaudited Financial Reports Name of Agency: West Bengal Pollution Control Board Report for the quarter ended on 01.04.2010 to 31.03.2011 For the Quarter Particulars Sources State Government Funds Government of India Funds Total Sources (A) Expenditures by Component 1. Strengthening of Environmental Institutions: Building Capacity for addressing Pollution remediation A. Technical Support i. Goods ii. Services iii. Incremental Operating Cost B. Laboratory equipment i. Goods C. Environmental Compliance Assistance Centre i. Works ii. Goods iii. Services iv. Incremental Operating Cost v. Training and Workshop D. Training i. Training and Workshop E. Upgrading Information Management Systems i. Goods ii. Services iii. Incremental Operating Cost Sub Total 1 2. Investments in Priority Remediation and Environmental Improvements: Rehabilitation of abandoned contaminated sites A. Remediation of Hazardous Waste Site i. Works ii. Goods iii. Services B. Remediation of Municipal Solid Waste Site i. Works ii. Goods iii. Services 3. Project Management A. Establishment / Consultancy Services B. Goods and Equipments C. Domestic / Abroad Training / Study Tour D. Incremental Operating Costs E. Monitoring and Evaluation Grand Total Central Share (85%) State Share (15%) Note: The format may be revised in consultation with the WB if necessary. 89 (Amount in Rs Lakhs) Cumulative Year till Project date till date Signatures 90 of Project Director ANNEX V FORM GFR – 19A FORM OF UTILISATION CERTIFICATE FOR THE SCHEME ……………………………….. Sl. No. 1. 2. Letter No. and date Amount Central Govt share released vide Letter No.---- Rs. ___________ -------------------dated -------------State Govt. share released vide State Govt. letter No. _______ dated ______ Rs. ____________ TOTAL (1 + 2) Rs. Certified that out of Rs.________. (Central Share to be mentioned) of Grants-in-Aid released during the FY_________ in favour of Govt. of ______ under the Ministry/ Department letter No. given in the margin and Rs. __________ (amount in words) on account of unspent balance of the previous year, a sum of Rs. ________ (amount in words) has been utilized for the purpose of _____________________for which it was sanctioned and that the balance of Rs. _____________remaining un-utilized at the end of the year has been surrendered to Govt. vide letter No. _______ dated ________ / will be adjusted towards the grant- in-aid payable during the next year. It is also certified that the 15% state share as mentioned above has also been contributed from the State Government and utilized along with the Central Share. Certified that I have satisfied myself that the conditions on which the grant-in-aid was sanctioned, have been duly fulfilled on that, and I have exercised the following Checks to see that the money was actually utilized for the purpose for which it was sanctioned. Kinds of Checks exercised: 1. Procurement procedure followed as per norms. 2. Any other check required as per Financial Guidelines. Signature of State Project Director Date 91 Annexure VI Indicative Chart of Accounts Expenditure: Component (1 digit) Component A : – – Strengthening of Environmental Institutions: Building Capacity for addressing Pollution remediation – – – Component B: – Investments in Priority Remediation and Environmental Improvements: Rehabilitation of abandoned contaminated sites Component C: – Project Management – – – – – Specific Task/ Objectives (2 Digits) Technical Support Laboratory equipment Environmental Compliance Assistance Centre Training Upgrading information Management Systems Remediation of Hazardous Waste Sites Remediation of Municipal Solid Waste Sites Establishment / Consultancy Services Goods and Equipments Domestic / Abroad Training / Study Tour Incremental Operating Costs Monitoring and Evaluation 92 Detailed Head (3 Digits) Link to Budgetary Classification Major Works Other Expenditure Receipt: Component Group of Income (1 digit) (2 Digit) Component A : Project funds Strengthening of Environmental Institutions: Detailed Head (3 Digit) - Funds Received – GoI share Building Capacity for addressing Pollution remediation - Funds Received – State Govt. share Component B: Investments in Priority Remediation and Environmental Improvements: Rehabilitation of abandoned contaminated sites Component C: Project Management Explanatory Notes to Chart of Accounts: This chart of account is composition of 6 digit code. The account code structure for expenditure shall be as follows: - Component A to C will have codes 1, 2, 3 respectively. Specific tasks/objectives shall be assigned codes starting from --------- up to --- depending on the number of works to be taken up. Detailed heads will have range from ------ to ----- The account code structure for receipt shall be as follows: - The codes for component shall remain the same. Group head has been assigned code from --- to ---. Detailed heads will have range from ----- to ---- 93 ANNEX VII MOEF Project Management Job Descriptions and Procedures 1. Project Director (PD) The responsibilities of the Project Director would consist of the following: Coordinate day-to-day implementation of tasks under the project by the various implementing teams and agencies, as specified in the Project Appraisal Document (PAD). Organize monthly meetings with the various project component teams and the Project Oversight Committee (if one exists), to review progress on project implementation. Organize and circulate agenda and other communications for the Council. Record the minutes of these meetings. Convey the minutes to the relevant Minister and the Bank. Ensure that the Project Oversight Committee, sub-committees, evaluation committees (where these committees exists) and the project teams have the necessary knowledge and expertise to conduct their work, including, for example to draft technical specifications and evaluate technical bid proposals. Procure necessary ad hoc TA to support these project groups. Prepare and distribute consolidated, periodic progress reports of the project teams and consultants to the relevant government and other participating institutions, including the semi-annual and annual reports to the World Bank, reflecting: (i) the status of implementation progress, problems encountered, corrective actions needed, rationale for actions; and (ii) current costs of each project component and estimated costs of completion. As required, take actions to expedite project activities, including, but not restricted to, decision-making and document processing by the relevant governmental agencies. Monitor official documents and contracts as they pass through the approval processes. In a timely fashion, prepare and submit to relevant government institutions and the Bank of annual audit reports of project expenditure and accounts. Ensure accurate and timely compilation of project indicators by each implementation team. Facilitate the preparation of the World Bank standard Project Implementation Completion Report (ICR). Carefully manage the records and official documents of the project, including the project audit. In order to perform these tasks, the incumbent should have the following qualifications: (i) Extensive experience in managing and administering large, multi-million dollar projects, involving multiple sub-projects, contractors and agencies; (ii) Experience in project management in both the public and private sectors; (iii) Experience with competitively bid procurements; (iv) Experience in disbursement and audit procedures: (v) Experience with World Bank financed projects. 94 2. Project Coordinator (PC) Objective: Assumes day to day operations of project implementation Responsibilities: Liaise with appropriate technical personnel in national, regional and international institutions involved in protected area management seeking coordination and integration where appropriate and beneficial to the project. Establish working relations with appropriate national and regional agencies and groups in participating/ countries to ensure effective implementation of project activities under his/her responsibility at the national and regional level. The PC will assist the Project Director with the development and preparation of Annual Work Plans. Assist and support the Project Director in preparing request for proposals and bidding documents, terms of reference and performance contracts for, supervising and evaluating the performance of the consultancies that shall be retained for specific activities under the responsibility of the POC, including the mid-term and final evaluation of corresponding activities at national and regional levels. Design a system and organize for the regular monitoring and review of the execution of the components and subcomponents. Provide the Program Director with quarterly progress reports and contribute to the development of annual work-plans. The Project Coordinator may be required to fulfill the duties, responsibilities and functions of the Program Director as required. Liaise with appropriate technical personnel in national, state, regional and international institutions involved in MSW and HWM seeking coordination and integration where appropriate and beneficial to the project. Establish working relations with appropriate national and state level agencies and with relevant stakeholders from the private sector and the NGO community to ensure effective implementation of project activities under his/her responsibility. Liaise with media and public to communicate project results and maintain regular communication with stakeholders and concerned non –government entities. Monitor compliance with GAAP provisions to ensure transparency and prudent use of project resources 95 ANNEX VIII Terms of Reference (FM) at MOEF (As the financial management functions will be merged in to the responsibilities of PMC, which will have a professional financial manager to manage the financial operations of CBIPMP. These FM tasks therefore would need to be performed by PMC under the guidance of the Project Director) Implementation Arrangements From financial management perspective, the project is proposed to be implemented by the MOEF through the ‘Government Treasury mode’ and a POC for the project at MOEF will carry out the functions of program management, coordination, monitoring, knowledge management, finance and capacity building. Andhra Pradesh Pollution Control Board (APPCB) and West Bengal Pollution Control Board (WBPCB) are the implementing agencies in the respective states. These Boards will submit annual work plans and budgets to the POC and POC will be responsible for providing advance funds to the Boards for the implementation of the project. The Boards will be reporting the expenditure incurred to the POC, which will in turn consolidate and present consolidated financial reports to the World Bank. Private auditors will audit the World Bank project at the Boards, while the audit will be conducted by C&AG at the MOEF level. POC will be responsible for providing consolidated reports on audited expenditure for the project to the World Bank. Financial Management at Central level The POC will have overall responsibility for financial management of the project and ensuring that funds flow, accounting, internal controls, financial reporting, disbursement and audit are carried out in accordance with project legal agreements and Financial Guidelines for the project. Key FM task of the POC will be: (a) annual budgetary provision for the project and monitoring of project expenditure against project budget; (b) approval of annual work plan and budgets of WBPCB and APPCB; (c) ensuring sufficient and timely funds flow for activities at state level and for POC level activities; (d) regular financial reporting at all levels of the project and compilation of six monthly financial reports and annual financial statements of the project; (e) timely submission of annual reimbursement claims to the Bank; (f) conducting regular financial reviews of state pollution control boards; and (g) ensuring annual external audits at MoEF, APPCB and WBPCB for the project as per the agreed TOR with the Bank, consolidation of implementing entities’ audited financial statements and audit observations, submitting consolidated annual audit report of the project to the Bank and ensuring compliance to auditor’s observations. Need for a Accounts Officer / Finance Manager In order to enable the POC to perform the tasks specified in the above para, there is a need to scale up the financial management arrangements commensurate with the proposed scale of operations and flow of funds for the project, and hence the need for a Accounts Officer to be based at POC. Extensive work will be required to carry out financial management functions of the project, including monitoring expenditure incurred at implementing entities in the participating states, strengthening their capacity as required, receipt of financial reports from the states and consolidating the expenditure at the central level for reporting to the Bank and regular visits to states to confirm adequate internal controls etc. 96 Terms of Reference The broad terms of reference/objectives of the position during the implementation phase are: a) To manage the financial management system for the World Bank project, including but not limited to budgeting, accounting, funds flow, internal controls, financial reporting, external audit and taking a lead in continuous training of finance staff of the participating states for effective financial management. b) Coordinate receipt of financial information from the states, checking its accuracy, consolidating expenditure at the central level for reporting to the Bank and preparing necessary reimbursement claims to be submitted to the World Bank, etc. c) Oversight of financial management aspects of the project, including guidance to states as and when required and regular field visits to test check internal controls. d) Coordinating external audit of the project and ensuring submission of agreed reports of audited expenditure to the World Bank. Profile As the FM functions will be performed by PMC, the profile of the candidate has been included in various staffing requirements for PMC. 97 ANNEX IX Terms of Reference for External Financial Audit of Project Financial Statements Implementation Arrangements From financial management perspective, the project is proposed to be implemented by the MOEF through the ‘Government Treasury mode’ and a POC for the project at MOEF will carry out the functions of program management, coordination, monitoring, knowledge management, finance and capacity building. Andhra Pradesh Pollution Control Board (APPCB) and West Bengal Pollution Control Board (WBPCB) are the implementing agencies in the respective states. These Boards will submit annual work plans and budgets to the POC and POC will be responsible for providing advance funds to the Boards for the implementation of the project. The Boards will be reporting the expenditure incurred to the POC, which will in turn consolidate and present consolidated financial reports to the World Bank. Private auditors will audit the World Bank project at the Boards, while the audit will be conducted by C&AG at the MOEF level. POC will be responsible for providing consolidated reports on audited expenditure for the project to the World Bank. Objective of the Audit The objective of the audit is to provide an independent professional opinion to the various stakeholders on the accuracy of the project’s financial statements and compliance with financing agreements. Coverage of the Audit The audit would cover the all sources and application of funds. Audit Report The auditor should provide: An opinion on whether the project financial statements have been prepared as per agreed accounting procedures and in accordance with consistently applied Accounting Standards and give a true and fair view of the operations of the project during the year and the financial position of the project at the close of the fiscal year. Any material deviations from these Standards and the impact of these deviations on the project financial statements as presented would be stated. For withdrawals from the grant made on the basis of unaudited quarterly financial reports (IUFRs), whether these reports submitted during the year, together with the procedures and internal controls involved in their preparation, can be relied upon to support the related withdrawals. A statement of reconciliation between: (i) audited expenditure for the year, and (ii) the cumulative audited expenditure for the project, with the reimbursement claims filed. Scope of Work 98 1. An assessment of compliance with provisions of Letter Agreement, especially those relating to accounting and financial matters. This would inter alia include verification that all the funds received under the project have been used to procure goods and services in accordance with the financing agreements, with due attention to economy, efficiency and effectiveness, and only for the purposes for which the financing was provided. 2. Expenditures charged to the project have been correctly classified and these would be determined with reference to the Legal Agreement. All necessary supporting documents, records, and accounts have been kept in respect of all project activities; Clear linkages exist between the accounting records including accounting books and the Project Financial Statements. 3. All six-monthly financial reports used as the basis for the submission of withdrawal applications accurately reflect expenditures and activities on the project. 99