The ROP is valid from its approval by SENARA‘s Board of Directors and the no-objection of the BCIE, and its application is mandatory.
This Regulation and its annexes may be subject to modifications or changes as a result of experience in its implementation and the periodic evaluations of the project, which must be proposed and approved by SENARA’s Board of Directors and have the prior no-objection of the BCIE. The latest approved version that has the no-objection of the BCIE shall be the valid document.
GENERAL PROVISIONS 1.1. Project Background In the Master Plan for the Irrigation Project of the Lower Tempisque Basin (BEL Ingeniería S.A., 1978), the idea was outlined to take advantage of the difference in elevation generated between the arrival and the outlet of the Canal Oeste to the Piedras River to build a reservoir of approximately 75 million m3. One that would allow storing water from the Piedras River during the rainy season to inject into the irrigation canals in the dry season and regulate the water used for irrigation from that site.
The studies for the Piedras River Reservoir were expanded in 1984 by the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento (Senara), through the BEL-TAHAL Consortium. This study reinforced the idea of using the Reservoir for storage and regulation of the waters coming from the Laguna Arenal that were being discharged into the sea due to a lack of storage and regulation possibilities for said water.
In 2002, at the request of the Government of Costa Rica, the Japan International Cooperation Agency (JICA), prepared the Rural Development Study of the Middle Tempisque River Basin. As part of its feasibility study, 35,000 hectares of the middle Tempisque River basin, province of Guanacaste, were analyzed. The objectives were: to establish an agricultural system under irrigation, to provide local flood prevention measures, and to promote sustainable agricultural development for small and medium-sized farmers. All this while giving due consideration to the environment, especially the Protected Wild Areas (Áreas Silvestres Protegidas, ASP) located upstream and downstream of the river. In addition to this, to carry out technology transfer to the Costa Rican counterpart technical personnel on the study methodology of the different specialties included in the Study. Finally, they include all the procedures and approaches of development planning (JICA, 2002).
Subsequently, in 2006, within the framework of an agreement signed with the Instituto Costarricense de Acueductos y Alcantarillados (ICAA) and Senara, they prepared the technical study at a pre-feasibility level called “Increase of water resource availability in the Tempisque River basin and coastal zone of Guanacaste.” This technical proposal aimed at the maximum use of the water resource in the Chorotega region, seeking to identify and analyze alternatives that allow supplying drinking water and water for irrigation to communities, tourism projects, and agricultural areas located in the Tempisque River basin and the northern coastal zone of the Nicoya Peninsula, projecting the estimated requirements for the next 20 years (Senara-ICAA, 2006).
With Decreto Ejecutivo 38665-MP-MIDEPLAN-Minae-MAG, of November 12, 2014, the High-Level Commission was created, coordinated by the Minister of the Ministerio de Ambiente y Energía (MINAE), and the Technical Secretariat of the High-Level Commission, coordinated by the director of the Dirección de Aguas of MINAE. Both were created to lead the Comprehensive Water Supply Program for Guanacaste (North Pacific), called PIAAG, which contemplated four main axes, namely:
- a)Water security for communities: ICAA Systems and the community Associations managing the Sistemas de Acueductos y Alcantarillados comunales (Asadas).
- b)Food security: Increased food production with irrigation systems under the responsibility of Senara.
- c)Water needs of ecosystems: Promoting the sustainability of ecosystems d) Sustainable use management: Improving the use of available water in the province, with priority given to groundwater. Within the framework of PIAAG, Senara put forward the PAACUME in order to promote the pre-investment process and its subsequent execution.
1.2. Strategic Framework 1.2.1. Mission:
The orderly and efficient use of water resources in the Chorotega region through the implementation of new technologies in the efficient use of water so that new extensions of agricultural land and other development initiatives can be added as means of production for the socioeconomic development of the region and the country in general.
1.2.2. Vision:
To be a leading climate change adaptation project for the socioeconomic and sustainable development of the province of Guanacaste and the country in general.
1.2.3. Objectives General Objective:
To increase the availability of water on the right bank of the Tempisque River, through the construction of infrastructure works, as climate change adaptation measures for better water use, stimulating the socioeconomic development of the region.
Specific objectives:
- a)Stimulate the social and territorial inclusion of the region by generating opportunities that give the population access to productive activity and the satisfaction of their water needs.
- b)Decrease the use of water extracted from aquifers and surface sources in the project’s area of influence for agricultural activities, by water coming from the project, thus contributing to the sustainability and preservation of water sources.
- c)Reduce the existing gap between water supply and demand for different uses: drinking water, irrigation for agricultural production, irrigation of green areas in tourism projects, and for hydroelectric generation.
- d)Increase efficiency in water use, by encouraging cultural and technological practices based on the optimal use of the resource.
1.2.4. Project Description:
The Water Supply Project for the Middle Tempisque River Basin and Coastal Communities consists of the realization of new infrastructure works and improvements, based on the existing infrastructure in the Distrito de Riego Arenal Tempisque (DRAT), which allows the collection, storage, and capacity to convey water from the Piedras Reservoir to the Tempisque River for different uses:
Agricultural production, human consumption, irrigation in tourism development, and hydroelectric generation.
The project includes three components:
Component 1: Río Piedras Reservoir It includes the construction of the reservoir on the Piedras River itself, and the automation of the gate system for Canal Oeste, Section I (from the Miguel Pablo Dengo diversion dam to the Río Piedras dam). Likewise, it considers the construction of the structure planned for the eventual incorporation of a powerhouse for electricity generation with a capacity of 7MW.
Component 2: Improvement and a) Canal Oeste, Section II: This corresponds to the improvement of the section of the canal that conveys water from the Piedras River Reservoir to the Cabuyo River, with a length of approximately 20 kilometers, whose purpose is to increase the current conveying capacity of the canal, from 15 m3/s to 45 m3/s.
- b)Canal Oeste, Section III: This corresponds to the expansion of the canal section that runs from the Cabuyo River to the Tempisque River, with an approximate length of 35 kilometers.
Component 3: Conveyance and Distribution Network on the right bank of the Tempisque River The conveyance and distribution network considers the construction of open canals, low-pressure gravity pipes, pumping systems, and pressurized conveyance and distribution networks, which allow water to be conveyed and distributed to the properties of irrigation users and the established delivery points for drinking water and tourism developments, in accordance with the water allocation defined in the distribution mechanisms.
The conveyance and distribution network has an approximate length of 271 kilometers.
The total cost of the Project "Water Supply for the Middle Tempisque River Basin and Coastal Communities" PAACUME is (US$ 673,842.4), of which, US$425,000.00 correspond to financing from the BCIE and US$248,842.4 correspond to a national counterpart contribution to be provided by the Government of Costa Rica.
COMPOSITION AND ADMINISTRATIVE STRUCTURE OF THE EXECUTING UNIT 2. Composition of the Executing Unit 2.1.1. Executing Agency Ley N°10 230 in its Article 2 of the Project, Section 2.03, Executing Agency; establishes that the Servicio Nacional de Aguas Subterráneas Riego y Avenamiento (SENARA), of the Republic of Costa Rica, shall act as the Executing Agency of the Republic of Costa Rica and shall be responsible for overseeing the direction and supervision of the Project‘s results and compliance with the conditions established in Loan Agreement No. 2220.
2.1.2. Level of Autonomy SENARA, in its role as DIGEP, is an institution created by Ley 6877, and has an organizational structure for the fulfillment of its objectives, as well as its Mission and Vision.
This organic and functional structure is composed of three clearly defined levels: the political level, the strategic level, and the operational level.
At the political level: are the Board of Directors and the General Management, at the strategic level are the heads of the different Directorates, namely, the Dirección Administrativa Financiera (DAF), the Dirección de Investigación y Gestión Hídrica (DIGH), the Dirección del Distrito de Riego Arenal Tempisque (DRAT), and the Dirección de Ingeniería y Desarrollo de Proyectos (INDEP).
The strategic level: responds to the needs established by the different substantive and operational macro-processes of the institution, all direct collaborators of the General Management, with functional coverage at the national level and representing the technical-administrative team for strategic decision-making.
In accordance with the Guidelines for Administrative Reorganizations, issued by MIDEPLAN, the Board of Directors is the instance of political decision and the highest hierarchy in the general administration of the Institution.
The structure includes units that exercise general administration functions as well as advisory ones, such as; the Contraloría de Servicios, Archivo Central, Dirección Jurídica, Dirección de Planificación Institucional, and Unidad de Gestión informática. Such a structure allows the project to be incorporated within its ordinary and strategic management and is the one that will act as permanent support, in order to guarantee its viability and the adequate fulfillment of its objectives.
2.2 Description of Positions For the execution of the project, the Dirección Gestora del Proyecto (DIGEP) was created as a transitory and integral part of the current organizational structure of the institution, in compliance with Article 2, Section 2.03 of Ley N°10 230, published in La Gaceta N°86, Scope 93 of May 11, 2022.
The DIGEP has an internal structure or subdivision by units, processes, and subprocesses to address the construction phase, the environmental and social management of the project1, including labor and climate change management, as well as the different functions and actions required for the execution and fulfillment of the expected results; in charge of the planning, direction, articulation, organization, coordination, evaluation, encouragement, advising, and leadership of the interdisciplinary team responsible for the execution of various professional, technical, and administrative processes to be carried out for the project, through the implementation of the policies, regulations, directives, and methods that regulate its field of action.
1 Environmental and Social Management will be developed within the framework of the BCIE’s Environmental and Social Safeguards and Performance Standards, which are aligned with good practices and International Performance Standards on Environmental and Social matters, understood as those referred to by the International Finance Corporation (IFC), the Equator Principles, and the World Bank Group Guidelines on Environment, Health, and Safety.
At the DIGEP level, the units of "Supervision," "Administration," and "Environmental and Social Management" are located, and it would be supported by a Staff Team comprised of an assistant to the director, a secretary, and a communication professional. Each of these units consists of a coordinating professional and their team. The organizational structure was approved by MIDEPLAN and is detailed in figure 1.
Figure No.1 Organizational structure of the composition of the DIGEP The objective, composition, functions, processes, and relationships of each of the units defined in the DIGEP organizational chart are described below:
Hierarchical Dependency: General Directorate The DIGEP, by its hierarchical condition, reports directly to the General Management, which guarantees integrated management with the existing organization.
General Objective: To direct, approve, and guarantee the execution of the programming and control, administrative-financial, procurement of goods and services, socio-environmental, labor, communication and claims, and logistical support processes, for all the works of the loan, in order to guarantee their execution in scope, time, and cost.
Composition:
· Project Director · Communicator · Secretarial staff Functions and Responsibilities:
1. Designate the work teams that will be in charge of the project works, throughout their entire lifecycle.
2. Supervise and approve the programming, evaluation, control, and monitoring at the level of scope, time, cost, and socio-environmental management of the project works.
3. Authorize the disbursement schedule for each of the project works, including environmental and social ones, as well as validate disbursement requests.
4. Authorize the evaluation and monitoring reports for the project works, required by internal and external entities to the Institution.
5. Supervise, approve, and guarantee all administrative, financial, and logistical support activities required by the Gestora Directorate, both for the administration of signed contracts, from their procurement phase to the closing processes.
6. Supervise, approve, and guarantee all activities associated with the procurement processes and the due administration of signed contracts, in accordance with the provisions indicated in the loan agreement.
7. Supervise, approve, and guarantee the execution of activities related to the acquisition of the lands and easements (servidumbres) required for the execution of the Project.
8. Supervise, approve, and guarantee all social, environmental, labor, communication, and claims management activities required for each work, in line with the BCIE Socio-Environmental Safeguards and Performance Standards for operations, according to the particularities of each work and the current institutional and national regulations.
9. Approve the programming and monitoring reports for the works and activities under their responsibility.
10. Approve the programming and the environmental, social, labor, grievance mechanism, and climate change monitoring reports for the works and activities under their responsibility.
11. Guarantee compliance with the actions necessary for the correct functioning of the Internal Control System and the Specific Institutional Risk Assessment System, and the Socio-Environmental Management System in the processes associated with their competencies.
Hierarchical Dependency: Administration Unit General Objective: To plan, coordinate, execute, supervise, and evaluate all administrative, financial, and logistical support activities required by the DIGEP, both for the administration of signed contracts, from their procurement phase to the closing processes, and for the proper operational functioning, in accordance with the provisions indicated in the loan agreement between the BCIE and the Republic of Costa Rica through the Ministerio de Hacienda and the current national and institutional regulations, in order to guarantee, within the scope of its competence, the execution of the project works in scope, time, and cost.
Financial and Accounting Policies and provisions for project accounting For purposes of project accounting, the policies and provisions established in the Law and the Loan Agreement shall be used, as well as those governing the financial and accounting principles of the Republic of Costa Rica for the formulation, execution, and control of public resources.
Budgetary, Accounting, and Financial Procedures In the case of Budgetary Procedures, those defined in the "Directrices Generales de Política Presupuestaria, Salarial, Empleo, Inversión y Endeudamiento" issued by the Secretaría Técnica de la Autoridad Presupuestaria (STAP) for each fiscal year shall be used, as well as the "Lineamientos técnicos sobre el presupuesto de la República" of the Ministerio de Hacienda, and for the accounting and financial system, the generally accepted public accounting principles and standards and the provisions of the Ley de Administración Financiera de la República y presupuestos Públicos Nº 8131 and its amendments shall be used. As well as the "Políticas Contables del SENARA" based on the International Public Sector Accounting Standards (IPSAS) and supported by the National General Accounting Plan, approved by SENARA‘s Board of Directors, through Agreement No. 2, taken at Extraordinary Session N°10-2023, held on Friday, November 10, 2023.
The application of these regulations will be carried out through the procedures manual of the institutional accounting process and the Functional Manual of Account Codes effective as of August and September 2023, respectively.
Budgetary-Financial Planning As part of budgetary planning, the project resources, both those from the loan agreement and the national counterpart, will be incorporated annually into the Plan Operativo Institucional (POI), starting from the formulation stage, in accordance with the strategic objectives and goals defined in the instruments of the Plan Nacional de Desarrollo de Inversión Pública (PNDIP) and the operational goals that are defined. All in accordance with the project execution schedule.
Once the budgetary planning is defined, it will be incorporated into the institutional and national budget for approval by the Contraloría General de la República.
The planning described is based on the Directrices Generales de Política Presupuestaria, Salarial, Empleo, Inversión y Endeudamiento issued by the Secretaría Técnica de la Autoridad Presupuestaria (STAP) for each fiscal year, as well as the "Lineamientos técnicos sobre el presupuesto de la República" of the Ministerio de Hacienda.
Annual operating budget and other plans required by law That in accordance with the budgetary principles established in subparagraphs e) "Programming principle" and g) "Principle of quantitative and qualitative specificity" of Article 5 "Budgetary Principles" of the Ley de Administración Financiera de la República y presupuestos Públicos Nº 8131 and its amendments, the annual budget must include the objectives, goals, products intended to be achieved, and the resources necessary to fulfill them. Likewise, it contains the warning that budget balances may not be allocated to a purpose other than that provided in the budget, in accordance with legal and regulatory precepts.
For the articulation process of the Budget Plan to be developed through the Annual Operating Plan, it will be carried out using the instrument or Matriz de Articulación Plan Presupuesto, called MAPP, or the instruments defined for that purpose, according to what is defined in the Directrices Generales de Política Presupuestaria, Salarial, Empleo, Inversión y Endeudamiento issued by the Secretaría Técnica de la Autoridad Presupuestaria (STAP) for each fiscal year.
Considerations for Internal Control To promote the appropriate use of the contract resources, there will be an internal control system that will be governed in accordance with the Process Manual for Self-Assessment of the Institutional Internal Control System (ASCII), effective since 2019 and based on the Ley general de Control Interno N° 8292 and the Internal Control Standards for the Public Sector of the Contraloría General de la República.
The organizational structure that makes up the Internal Control System is defined in the Manual and is composed as follows:
- a)Board of Directors.
- b)Subordinate Heads.
- c)Coordinating Unit of the Internal Control System. In this case, the coordination is under the responsibility of the Dirección de Planificación Institucional d) Person in charge of the ASCII process e) Internal Control Unit Liaisons.
- f)Senara personnel distributed across the different Directorates, units, and processes.
For the specific case of the project, it will be the responsibility of the DIGEP Director to lead and conduct the Internal Control process for the execution of the project, in turn appointing a DIGEP official as a liaison to support them in that management.
All this process is coordinated and supported by the Dirección de Planificación Institucional as the coordinating unit, which, in turn, receives advice and recommendations from the Institutional Internal Audit.
In the case of external control, it will be the responsibility of the Contraloría General de la República, in accordance with its Organic Law and the constitutional provisions to promote the appropriate use of the financial resources of the public sector, as established in Art. 18 "Control Responsibilities" indicated in the Ley de Administración Financiera de la República y Presupuestos Públicos N° 8131.
Provisions of the BCIE / Government Loan Agreement Disbursements: As for the disbursements for the execution of the project, these will be made by complying with the requirements and conditions defined in Art. 6 of the law of loan agreement 10230 and according to the established disbursement schedule, which is prepared based on the execution schedule for each of the work contracts defined in the General Procurement Plan.
This schedule is linked to the multi-year budgetary planning and the Plan Operativo Institucional.
The disbursement schedule is part of the information provided to the Dirección General de Gestión de Deuda Pública (*) of the Ministerio de Hacienda for the monitoring and control of the execution of the loan agreement resources. For this reason, they are processed by SENARA in its capacity as Executing Agency before the Ministerio de Hacienda, and these in turn before the BCIE as the borrower.
(*) (Thus modified its denomination by Article 4 of the Ley de Fortalecimiento de la gestión de la deuda pública, N° 10524 of September 18, 2024. Previously it stated "Dirección de Crédito Público") Project Accounting: In accordance with Section 9.04 of ART. 9.-GENERAL OBLIGATIONS TO DO contained in the law of the Loan Agreement, the institution shall maintain all records and books updated related to the execution of the project and in which all counterpart, are clearly and separately identified from other sources of financing.
Likewise, it shall clearly identify the allocation of costs and expenses in accordance with an accounting structure based on the components and subcomponents that make up the project and were approved as part of the financing and included in the Global Procurement Plan and the Global Investment Plan.
Composition:
· Unit Coordinator · Procurement Specialist · Financial-Accounting Specialist Functions and Responsibilities:
1. Coordinate and guarantee the preparation of the budgetary documents required in the Institution’s information systems, such as: requests for cost orders, requests for the creation of management centers, purchase requests, delivery orders, budgetary reserves, in follow-up to what is established in the signed contracts (and their respective change orders), for the procurement of services, development of consultancies, and construction of works for the DIGEP.
2. When applicable, coordinate and execute the application of discounts offered by the awarded companies and the requests for advance payment to start the works (prior to the presentation of the bank guarantee); likewise, execute the correct application and deduction of advances for the start of works, materials placed on the worksite, retention and return of the retention (prior to the presentation of the bank guarantee).
3. Coordinate the execution of the procedures required to process invoices (such as: review of payment estimates, service entries, and invoice verification), presented by the awarded companies for the acquisition of services, preparation of consultancies, and construction of works for the DIGEP, in coordination with those responsible for the various contracts.
4. Guarantee the review and control of performance guarantees (during the contract execution phase) and of proper functioning warranties (after the final acceptance of the works, in the case of construction contracts), which must be presented by the awarded companies from DIGEP's administrative contracting processes.
5. Guarantee the review and control of the insurance policies required of the companies awarded from DIGEP's administrative contracting processes, during the contract execution phase: civil liability insurance policies for third parties, all-risk construction insurance policies, insurance for vehicles, equipment, and machinery used in the execution of the work, and insurance from the Caja Costarricense del Seguro Social for the hired personnel, among others.
6. Coordinate and supervise the approval and payment process for price adjustments of contracts signed for the acquisition of services, preparation of consultancies, and construction of works for the DIGEP.
7. Coordinate and guarantee the preparation of the Loan's financial statements executed by the DIGEP in accordance with the accounting principles and practices established by the Institution (NIFS) and the specific instructions established in the loan contract.
8. Coordinate and validate the preparation of the Loan's monthly budget execution, analyzing the execution by project, by budget line item, by financial position, the availability of resources by source of financing, and the balance in bank accounts.
9. Guarantee the implementation of policies, guidelines, strategies, standards, procedure manuals, among others established by the Institution regarding control of petty cash, assets (equipment, furniture, buildings), and office supplies of the DIGEP.
10. Guarantee the execution of Document Management (files, records, manuals, reports, communications, and other documents) of the DIGEP in adherence to the guidelines established by the Institution.
11. Coordinate and guarantee all payments required to ensure the correct operation of the DIGEP.
12. Participate, within the scope of its competence, in the contracting processes for the acquisition of services, preparation of consultancies, construction of works: preparation of technical specifications, terms of reference, bidding documents, participation in institutional commissions, attention to internal and external inquiries, review of bids, preparation of technical studies, request for corrections, recommendation for award, among others.
13. Participate, within the scope of its competence, in the preparation and implementation of modifications to the contracts and/or execution agreements for services, preparation of consultancies, and construction of works of the DIGEP, due to variations in the scope, time, and cost defined for the project.
14. Implement the methodology and tools established by the Institution and by the DIGEP to guarantee good practices in project management and environmental and social management.
Hierarchical Dependency: SUPERVISORY UNIT Supervision 1. Proposed supervision scheme for investments Project Supervision: In order to ensure adequate monitoring and control over the use of financing resources and to ensure the proper development of the activities of the Project, supervision actions will be carried out in four ways:
i. Supervision of the Executing Agency: The DIGEP established by SENARA will carry out permanent supervision actions over the physical and financial execution of the entire Project, and will perform the oversight and monitoring of the different works to be carried out. To this end, it will have technical personnel with the knowledge and recommendations and necessary adjustments can be generated in a timely manner.
ii. External and Independent Work Supervision of the Project: The borrower will provide permanent technical supervision for the project, which will be carried out by a consulting firm hired to maintain strict technical control of the works included in the Infrastructure component, so that they are executed within the time stipulated in the contract and with the quality required in the final design studies, plans, and established technical specifications, and the occupational health requirements typical of this type of work. There will also be an Independent Environmental Consultant who will monitor compliance with and progress of the Environmental Management Plan (Plan de Gestión Ambiental, PGA) approved by the local environmental authority and the environmental and social requirements that the BCIE establishes for the project. Additionally, a recognized capable auditing firm will be hired to verify that the DIGEP's own finances reflect the financial situation and the results obtained in accordance with the objectives established in the different components of the Bank loan.
iii. Supervision by the BCIE: The BCIE's supervision function aims to monitor the performance of the activities and execution of the works framed within the PAACUME, in accordance with the contractual documents of the Loan. To achieve this objective, the necessary administrative technical personnel are available who will carry out a detailed review of the reports and statements that the DIGEP of SENARA will periodically provide, in order to alert and/or record the status and progress of the execution of the works. The BCIE will carry out the supervision visits it deems necessary for the issuance of the respective reports. Through the applicable procedures of the BCIE, its supervision will ensure compliance with the responses corresponding to the risks identified in the Risk and Mitigation Matrix and full compliance with the Project objectives.
iv. External Audit: This will be fully financed with BCIE funds and will have as its main function the inspection or verification of the accounting of the BCIE loan by the Project Management Unit. This function must be carried out by an audit firm of recognized capacity, in order to verify whether the accounts reflect the financial situation and the results obtained in the objectives established in the different components in the Bank loan. For the contracting of the external audit, the Policy and Standards for the Procurement of Goods and Related Services and Consulting Services with BCIE Resources must be applied.
2. Monitoring of the Executing Unit In relation to the monitoring and internal supervision of the Executing Unit, according to the organizational structure defined for the project, it will be in charge of the General Management and this, in turn, of the Board of Directors, which will be responsible for ensuring the direction and supervision of the Project results and compliance with the conditions of the Contract as the highest authority of Senara as Executing Agency, as established in Section 2.03 of the Loan Contract Law.
3. Integration of risk management Risk management will be carried out and integrated throughout the project, using the Methodology for Risk Analysis with a Multi-Hazard Approach and Probabilistic Criteria for Public Investment projects and the Application Guide for the general Risk matrix of the Ministry of Planning and Economic Policy (Mideplan), in force and applicable to all investment projects included in the Public Investment Project Bank of said entity.
This risk management will also be integrated into the semi-annual project evaluation and monitoring reports prepared by the Dirección General de Gestión de Deuda Pública (*) of the Ministerio de Hacienda.
(*)(Name thus modified by article 4 of the Ley de Fortalecimiento de la gestión de la deuda pública, No. 10524 of September 18, 2024. Previously stated "Dirección de Crédito Público") 4. Environmental, social, labor, climate change, communication, and complaint mechanism monitoring.
The monitoring of these topics will be carried out by the DIGEP and will be part of the activities and deliverables of the DIGEP's support Consulting Unit and will be carried out following the provisions of Section 9.03 Environmental Standards of the loan contract law related to the Environmental and Social Action Plan of the Environmental and Social Risk Identification, Evaluation, and Mitigation System (SIEMAS) and considering Annex G of the Loan Contract. As well as all applicable national legislation.
5. Provisions of the loan contract(s) and other sources for the supervision of investments. According to the contract, the DIGEP must present the following deliverables in relation to the monitoring and supervision of the investments:
BCIE I-BCIE Mid-Term Evaluation I-BCIE Ex-Post Evaluation Quarterly reports on the physical and financial progress of the investments Dirección General de Gestión de Deuda Pública (*) of the Ministerio de Hacienda (*)(Name thus modified by article 4 of the Ley de Fortalecimiento de la gestión de la deuda pública, No. 10524 of September 18, 2024. Previously stated "Dirección de Crédito Público") Quarterly monitoring reports Semi-annual investment evaluation reports Define mechanisms to verify compliance with the scope. (Assurance) Monitoring and Evaluation · Criteria and methodologies for impact measurement · Baseline, mid-term, and ex post For the purposes of Project monitoring and evaluation, in addition to the questionnaires · I-BCIE established in the loan contract, the DIGEP must follow the criteria and methodologies defined in the results matrix of the project execution guide for the planning of the execution stage of Public Investment projects in the entities of the National Public Investment System, considering for this purpose, as a baseline, the products and deliverables defined and approved in the project formulation according to component and subcomponents.
· Accountability and other country provisions. Carry out the quarterly update and progress report of the project in the Public Investment Project Bank of MIDEPLAN, as well as rendering accounts before any external public entity that so requires, in accordance with current legislation on the execution of public investment projects.
· External audit and other provisions of the loan contract. Annually, the DIGEP will carry out the contracting of an external audit firm to operationally and financially evaluate the project execution.
The objective of the monitoring and evaluation section is to define mechanisms to verify compliance with the objectives and goals. (Control).
Environmental and Social, labor, climate change, communication, complaint resolution management, etc., within the framework of national regulations and the BCIE's International Environmental and Social Safeguards and Performance Standards.
Legal provisions of the loan contract and other legal provisions.
Types of contracts for the execution of the Scope.
To circumscribe other relevant aspects in the operation of the Project.
General Objective: to plan, implement, supervise, coordinate, control, and monitor all technical-operative and constructive engineering, environmental, social, labor, climate change, communication, complaint resolution activities promoted for the execution of the Project, in compliance with the definition of the objectives of said Project in terms of scope, time, and cost.
Composition:
· Engineer Coordinator (Civil-Construction) · Civil Engineering-Quality Control Specialist · Environmental and Social Specialist Functions and Responsibilities:
1. Manage the procurement of goods, services, consultancies, personnel, and facilities.
2. Coordinate and organize the supervision of the works, including socio-environmental, labor, climate change, communication, and complaint resolution aspects.
3. Administer the loan payments and disbursements.
4. Support the procedures for hiring personnel 5. Coordinate the Units: responsibility for the implementation, training, monitoring, and supervision of the Units.
6. Coordinate awareness-raising activities at an internal and external level in conjunction with Institutional Communication.
7. Report on the progress of the Project to the Management and the BCIE.
8. Prepare, update, and monitor the project schedule, in accordance with the guidelines established by the Institution and by the DIGEP, including the programming of the costs associated with the work progress; likewise, prepare the respective monitoring and supervision reports of the processes under its charge, including environmental and social aspects that include labor, climate change, communication, and complaint resolution management.
9. Participate, within the scope of its competence, in the preparation and implementation of modifications to the contracts and/or execution agreements for services, preparation of consultancies, and construction of works of the DIGEP, due to variations in the scope, time, and cost defined for the project.
10. Propose, approve, or participate in the establishment, maintenance, improvement, and evaluation of the Internal Control System of the DIGEP, remediation plans, and carry out the necessary actions to guarantee its effective operation, in accordance with the Ley General de Control Interno.
11. Implement the methodology and tools established by the Institution and by the DIGEP to guarantee good practices in project management, including environmental and social, labor, incident and accident control, and climate change, communication management, and the monitoring of the complaint and grievance mechanism and its reports.
Hierarchical Dependency: ENVIRONMENTAL MANAGEMENT UNIT General Objective: Plan, coordinate, execute, supervise, and evaluate all social, environmental, labor, communication, climate change, and claims activities required for each project, in accordance with the BCIE's Environmental and Social Safeguards and Performance Standards2, both in the pre-investment, investment (execution), and operation phases, as applicable, according to the particularities of the project, the provisions indicated in the Loan Contract, and current national regulations and international standards, in order to guarantee, within the scope of its competence, the execution of the project works in scope, time, and cost.
2 Environmental and Social Management will be developed within the framework of the BCIE's Environmental and Social Safeguards and Performance Standards, which are aligned with good practices and International Performance Standards on Environmental and Social matters, understood as those referred to by the International Finance Corporation (IFC), the Equator Principles, and the World Bank Group's Guidelines on Environment, Health, and Safety.
Composition:
· Environmental Specialist · Social Specialist · Occupational Health and Safety Specialist Functions and Responsibilities:
1. Gather the information generated by the Institution for the project at an environmental and social level: environmental assessments, documentation of Environmental Impact Assessments and/or Studies, documentation of environmental feasibility (viabilidad ambiental), environmental management plans, environmental and social diagnoses, social management plans, communication strategies, socio-environmental management system, complaint mechanism, among others; in accordance with the BCIE's Environmental and Social Safeguards and Performance Standards.
2. Prepare the documents required for the processing of the Environmental Feasibility/Environmental Impact Assessments and/or Studies (as applicable) before SETENA; until obtaining the required environmental and social authorizations, permits, and/or licenses, including cultural heritage; as well as, execute and control all activities related to environmental oversight (regencias ambientales) and other measures established by environmental authorities, by virtue of the works to be financed with Loan resources.
3. Prepare, implement, and monitor the environmental assessment studies and/or studies, environmental management plans, plans of the BCIE's Environmental and Social Risk Identification, Evaluation, and Mitigation System (SIEMAS), environmental and social commitments matrix, and the schedule for implementing environmental and social measures, among others, for the works to be financed with loan resources, in accordance with institutional, national regulations, and current international standards; as well as, prepare the respective monitoring reports for entities internal and external to the DIGEP.
4. Prepare, implement, and monitor the social diagnosis, social perception studies, environmental and social management plans, and cultural heritage, the schedule of social actions, among others, for the works to be financed with loan resources and in accordance with institutional, national regulations, and current international standards; as well as, prepare the respective monitoring reports for entities internal and external to the DIGEP.
5. Prepare, implement, and monitor the schedule of communication actions, including consultation mechanisms, social environmental complaints, socialization spaces, and the construction of communication strategies, among others, in accordance with the provisions indicated in the loan contract and current institutional, national regulations, and international standards; as well as, prepare the respective monitoring reports for entities internal and external to the DIGEP.
6. Evaluate the environmental, social, labor, communication, and claims management processes at the close of the works to be financed with loan resources.
7. Implement and guarantee the Institution's environmental and social plans, for the works to be financed with loan resources.
8. Prepare, update, and monitor, in coordination with those responsible for works, the implementation schedules for environmental management plans, SIEMAS Plans, Social and Labor Plans (including those linked to land acquisition, easements (servidumbres), and expropriations), compensation measures, remediation plans, communication and claims plans, the Project's Socio-Environmental Management System; as well as, prepare the respective monitoring reports of the processes under its charge.
9. Participate, within the scope of its competence, in the administrative contracting processes executed by the DIGEP for the acquisition of services, preparation of consultancies, construction of works: preparation of technical specifications, terms of reference, bidding documents, participation in institutional commissions, attention to internal and external inquiries, review of bids, preparation of technical studies, request for corrections, recommendation for award, among others as technically applicable.
10. Participate, within the scope of its competence, in the preparation and implementation of modifications to the contracts and/or execution agreements for services, preparation of consultancies, and construction of works of the DIGEP, due to variations in the scope, time, and cost defined for the project.
11. Propose, approve, or participate in the establishment, maintenance, improvement, and evaluation of the Internal Control System of the DIGEP and carry out the necessary actions to guarantee its effective operation.
12. Implement the methodology and tools established by the Institution and by the DIGEP to guarantee good practices in environmental, social, labor, climate change, communication, and claims management of the projects, including monitoring and follow-up of environmental and social compensation measures.
Internal Relationships:
. Institutional Sub-Managements . Dirección de Comunicación Institucional . Other SENARA departments External Relationships:
. Banco Centroamericano de Integración Económica . Secretaría Técnica Nacional Ambiental . Ministerio de Ambiente y Energía . Dirección de Aguas . Sistema Nacional de Áreas de Conservación.
. Museo Nacional de Costa Rica . Municipalities . Communities . Contractor Companies Processes:
. Obtaining environmental feasibility (viabilidad ambiental) for the project works and additional required environmental and social authorizations, permits, and licenses, including cultural heritage, as applicable.
. Environmental and social assessments and Environmental Impact Studies for infrastructure works.
. Preparation, implementation, monitoring, and reporting of the management and compliance of Social and Labor Plans (including those linked to land acquisition, easements (servidumbres), and expropriations).
. Preparation, implementation, monitoring, and reporting of the management and compliance of Social Environmental, Labor, and Climate Change Plans, including the Environmental and Social Management System.
. Preparation, implementation, monitoring, and reporting of the management and compliance of plans, protocols, communication strategies, and claims mechanism.
. Implementation, monitoring, and reporting of the BCIE's SIEMAS Plan. Products:
. Environmental feasibility (viabilidad ambiental) and additional authorizations, permits, or licenses.
. Social and Labor Management Plans . Environmental and Social Management Plans, including climate change . Communication Plans and strategies . Claims Mechanism . Cultural Heritage Protocols, as applicable . SIEMAS Plans . Environmental and social management reports, including established action plans, protocols, mechanisms, systems, others . Claims mechanism report . Remediation Plan Reports Direct dependencies:
. It has no dependencies The DIGEP, within the framework of this structure, will be directly responsible for the administration and compliance with the scope, term, objectives, costs, and other requirements established in the Loan Contract, as well as compliance with the conditions defined in this Operating Regulation, BCIE's Environmental and Social Safeguards and Performance Standards, international good practice standards, and other applicable national regulations.
Due to its hierarchical condition at a strategic level, it will remain unchanged and depend directly on the General Management, which guarantees integrated management with the existing organization.
2.3 Organizational Chart and Hierarchy of the DIGEP In Figure 2, the current and approved institutional organizational structure of SENARA is shown, with the incorporation of the DIGEP, according to official communication MIDEPLAN-DM-OF-0744-2022, dated July 8, 2022.
Figure 2 Institutional Organizational Structure with the incorporation of the DIGEP The DIGEP will be physically located in the SENARA offices.
2.4 Strengthening of the Institutional Staff The institutional staff will be strengthened with the hiring of temporary officials, in accordance with the structure approved by MIDEPLAN in official communication MIDEPLAN-DMOF-0744-2022 dated July 8, 2022. These resources constitute part of the national counterpart.
2.5 Procedure for Contracting and Selecting Personnel For the contracting of DIGEP personnel with national counterpart resources, the formal recruitment and selection procedure defined in the institution by SENARA's Human Resources process will be applied, according to the profiles defined for each of them, which will be included on a temporary basis in the Position Manual.
For the specific case of the director, their appointment must previously have the No Objection of the BCIE. Once the director is appointed, the selection of the rest of the personnel will proceed.
SENARA, prior to the start of the first disbursement, will request the approval of the positions from the STAP.
For the case of contracting additional personnel, a consultancy contract was carried out for support services for the DIGEP SENARA-ICE, which was carried out by mutual agreement with the BCIE, following the procurement policies and standards established by that entity and signed by the parties SENARA-ICE on July 27, 2023.
2.6 Training Process for DIGEP Personnel To facilitate the integration of DIGEP personnel within the institutional structure and operation, the Human Resources process has established the training and induction mechanism that allows knowledge of the institution and harmonious integration of the personnel.
2.7 Coordination Mechanism of the DIGEP In relation to the coordination mechanism, the director of the Dirección Gestora del PAACUME, will join and become part of the Consejo Técnico Institucional (CTI), which is the instance where the SENARA's collegial decision-making process is integrated.
2.7.1 Composition of the Consejo Técnico Institucional (CTI) The Council is composed of the directors of the following Units:
- a)Dirección de Ingeniería y Desarrollo de Proyectos b) Dirección de Investigación y Gestión Hídrica.
- c)Dirección Administrativa Financiera-Contable d) Dirección del Distrito de Riego Arenal Tempisque e) Dirección de Planificación.
- f)Dirección Jurídica 2.7.2 Operation of the Consejo Técnico Institucional (CTI) The Technical Council will have at least one monthly session, convened and chaired by the General Management of SENARA for the monitoring and accountability of institutional actions, as well as the monitoring and progress of the project. This Technical Council will be a body for discussion, consensus-building, and collegial analysis about the progress and effective and efficient performance of SENARA in the execution of the project.
The Council may invite to the sessions, when it deems it appropriate, other officials from the institution or from other institutions related to the project, in order to ensure and contribute to correct execution.
2.8 Planning and Budget of the Project in charge of the DIGEP The Planning and Budget of the project in charge of the DIGEP will be carried out following and attending to strict adherence to the guidelines, policies, regulations, procedures, methodologies, instruments, and other good practices in planning and budgeting, established both internally in the institution and for the public sector.
The DIGEP will operate as an integral part of the institution's planning and budget system.
To address the above, it will prepare and present the planning and budget instruments provided for in current regulations and required for the project for its adequate integration and inclusion in the institution's planning and budget instruments, thereby facilitating the proper operation and achievement of the project.
2.9 Equipment of the DIGEP The equipment for the proper operation of the DIGEP, as well as the acquisition of supplies, will be carried out following the internal procedures of the institution, that is, via the Annual Purchasing Plan, use of petty cash resources, or contingency purchases. All in adherence to current national legislation on procurement and the applicable BCIE regulations and policies.
SCOPE AND EXECUTION OF THE PROJECT 3 Scope of the Project 3.1 Investment Eligibility Criteria Despite all the resources available in the Chorotega region and its potential to achieve sustainable social and economic development where opportunities for the population are integrated and generated, this has not been possible. The causes of its limited development can be many and varied.
The obstacles to development being generated with all this potential have been both internal and external to the region. Considering, according to WWAP (2016), that 80% of wealth generation depends on having the quantity, quality, and timeliness of water, one could say that the region presents serious infrastructure limitations for the supply of water for human consumption and for irrigation. This is one of the determining factors in restricting the region's growth.
The average annual precipitation of the North Pacific is close to 1,750 mm, considering high and low lands. In the rest of the climatic regions of Costa Rica, the average annual precipitation is 3,150 mm (MIDEPLAN, 2014). Despite having considerable annual precipitation, it has a very irregular distribution. It begins with scarce or no precipitation between the months of December to April and continues with a transition period between the months of May and June, with two marked dry spells, one at the end of June (veranillo de San Juan) and another in mid-July (canícula). Then comes the rainy season from August to October, where the greatest amount of precipitation is concentrated, and before the transition to the dry season in the month of November.
In addition to the seasonal water deficit, there are social elements. The province of Guanacaste, which for planning purposes constitutes the Chorotega region, is the second largest in the country with an area of 10,140 km2. This represents 20% of the national territory, and it has a population density of only 37 inhabitants per km2.
The National Household Survey (Encuesta Nacional de Hogares, ENAHO) from 2017 states that the population is 377,241 people, of which 48.8% are men and 51.2% are women. The total number of inhabited dwellings is 114,431, of which 57.2% are in urban areas and 43.7% in rural areas.
The province of Guanacaste presented an open unemployment rate of 4.4% and an employment rate of 45.4% in the 2011 census. This means that more than 50% of the population over 12 years of age was unemployed that year. This caused the region to be classified as the second region most impacted by severe poverty levels (INEC, 2011).
The combination of two factors, climatic and social, leads to a condition of poverty that can be reversed through the generation of hydroproductive activities that entail an improvement in the population's living conditions. Under these conditions, the pressure on water resources is increasingly greater, both for surface water, considering that the flows of the Tempisque River and some of its tributaries fluctuate considerably between summer and winter. Similarly, groundwater is subjected to strong pressure due to high demand in the dry season. The orderly use of water in the Chorotega region is a contributing element to the socioeconomic development of the area and the country in general.
In the project's area of influence, the services sector is the one that absorbs the most labor in the cantons of Nicoya, Santa Cruz, and Carrillo, with the exception of the district of Bolsón, in which the primary sector generates the highest rate of employment.
Contrary to the poverty landscape of the Chorotega region, this is one of the areas that has experienced the greatest tourism development. The main hotel complexes that exist in the country are located on its coasts. It was estimated, in 2005, that the installed capacity in the hotels of the project area was for 140,812 people in high season and it was projected that by 2025 it will reach 230,900 people (Senara, 2006). The boom in the tourism sector has highlighted the serious problem of high water demand for human consumption and activities related to the sector, such as irrigating gardens and golf courses, among others.
In parallel, the most threatened resource today is water, mainly due to the overexploitation of aquifers for human consumption, which takes on an even more serious characteristic in tourist areas due to the threat of salinization of wells. With the capacity installed in 2005, the average demand for potable water was estimated at 570 l/s, and with sustained growth by 2025 it would reach 935 l/s.
Based on this situation, Senara, within the scope of its competencies, focuses on analyzing the problems generated by the evident water deficit in the region, for which it proposes, within the Framework of the Comprehensive Water Supply Program for Guanacaste (Programa Integral de Abastecimiento de Agua para Guanacaste, PIAAG), the PAACUME project to increase water availability on the right bank of the middle basin of the Tempisque River through the expansion of the coverage of the DRAT using the turbined waters of the Arenal, Dengo, Sandillal Hydroelectric System (ARDESA).
The project proposal with its 4 components, namely: 1) Río Piedras Reservoir (which includes the automation of the system, the powerhouse, the dam, and the Reservoir itself), 2) the expansion of the West Canal (Canal Oeste), 3) the construction of the distribution network on the right bank of the Tempisque River, and 4) the proposal for implementing a development plan for the area directly and indirectly affected by the project, which would be part of the DRAT Strategic Plan, represented a great opportunity to address the problems experienced in that region and an alternative to promote the socioeconomic development of the province of Guanacaste.
For this reason, in 2014, PAACUME was incorporated as the main project in two of the 4 strategic axes contemplated by the program (PIAAG), namely: "Food Security and Sustainable Use Management" (Seguridad Alimentaria y Gestión de Aprovechamiento Sostenible).
Following this incorporation, the High-Level Commission headed by the Minister of Environment at that time initiates all political-administrative efforts to search for financing options for its execution.
3.2 Sectoral policies The PAACUME is included in the National Development and Public Investment Plan (Plan Nacional de Desarrollo y de Inversión Pública, PNDIP) (*) 2023-2026 Rogelio Fernández Güell, where it is shown as an investment project for water security in the country, and in the National Plan for Integrated Water Resources Management (Plan Nacional para la Gestión Integrada de los Recursos Hídricos, PNGIRH 2018-2030).
(*)(Note from Sinalevi: Thus modified its denomination by subsection a) of Article 43 of the Regulation for the Implementation of Law No. 10441 of March 13, 2024 and the Operation of the National Public Investment System, approved via Decreto Ejecutivo No. 45163 of August 8, 2025. Previously it was indicated "National Development Plan (Plan Nacional de Desarrollo, PND)") 3.3 Area of influence The project's area of influence comprises part of the right bank of the Tempisque River, where the cantons of Santa Cruz, Nicoya, and Carrillo are located.
The direct impact of the project has been estimated at approximately 40,000 hectares, which corresponds to the area with elevation characteristics below 30 meters above sea level and slopes of less than 15%, which are the basic parameters defined for the selection of the agricultural irrigation area.
Additionally, it is intended to supply the potable water demand for about 500,000 inhabitants in the cantons of Santa Cruz, Carrillo, and Nicoya, and to supply some 1,213 hectares for irrigation in hotel zones in the same cantons.
3.4 Project Results Framework According to the stated objectives, four major dimensions of the project were contemplated, which are presented in Table 1.
Table 1 Dimensions of the Project
| Dimensions of the Project | | | |
|---|
| Social and Territorial Inclusion | Reliable Provision | Water Culture | Water Management |
With these dimensions, the major actions that lead to the elaboration of a project results chain or value generation chain, as shown in Table 2, are established.
Table 2 Project Results Chain | Inputs | Actions | Product / Service | Product Utilization | Effects | Impact | | --- | --- | --- | --- | --- | --- | | 1. Producers 2. Institutions 3. Financial resources 4. Human Resources 5. Technological resources 6. Institutional resources 7. Knowledge | Elaborate the technical and environmental studies for the catchment, storage, conveyance, and distribution of water coming from the ARDESA Hydroelectric System, to be used on the right bank of the Tempisque River and coastal communities | 1. Water for hydroelectric generation 2. Water for human consumption 3. Irrigation service for agricultural production 4. Irrigation service for green areas in tourism projects | Better use of water through increased efficiency, equity, sustainability, and effectiveness | Generation of opportunities to access productive activity and satisfaction of the population's water needs | Sustainable socioeconomic development | | Elaborate a development plan for the region benefiting from the project that stimulates socioeconomic development in the province of Guanacaste | | Encouragement of cultural and technological practices based on the optimal use of the resource | Decrease in water extracted from aquifers and surface sources in the project's area of influence for agricultural activities | Sustainability and preservation of water sources | | | Build infrastructure works | | Increase in efficiency in the | Reduce the existing gap | | | | Inputs | Actions | Product / Service | Product Utilization | Effects | Impact | | --- | --- | --- | --- | --- | --- | | | for the catchment, storage, conveyance, and distribution of water, to be used for: potable water, irrigation for agricultural production and green areas in tourist zones, and hydroelectric generation | | use of water | between water supply and demand for different uses: potable water, irrigation for agricultural production, irrigation of green areas in tourism projects, and for hydroelectric generation | | | | Create an organic and functional structure focused on the administration and management of water | | | | | | | Manage financing for pre-investment and project execution | | | | | 3.5 Project products or deliverables According to Table 2, the Project's products or deliverables are:
1. Water for hydroelectric generation 2. Water for human consumption 3. Irrigation service for agricultural production 4. Irrigation service for green areas in tourism projects 3.6 Project Work Breakdown Structure The Project Work Breakdown Structure is attached in Annex 1 (Anexo 1).
3.7 Global Investment Plan According to the updates carried out between DIGEP, the Consulting Unit, and BCIE, the Global Investment Plan is attached in Annex 2 (Anexo 2).
3.8 Project execution plan The Execution Plan or Schedule is attached in Annex 3 (Anexo 3) and the Timeline of the main planned project activities is attached in Annex 4 (Anexo 4).
3.9 Criteria for preparing budgets and technical documents The criteria for preparing the budget plan applied by SENARA at the institutional level are those called "Current Guidelines and Orientations for the formulation of the POI-Budget," which are updated and communicated annually in accordance with external regulations or changes identified for each period; likewise, these guidelines mention the legal basis associated with the budget plan management.
It should be noted that according to the Financial Administration and Public Budgets Law (Ley de Administración Financiera y presupuestos públicos), there must be a link between the POI-Budget in that sense; this "preparation" process is a joint procedure that integrates the formulation of the plan and the institutional budget in parallel. Every organizational unit of Senara must ensure the attention and application of these.
Currently, the current document is for the year 2024, and the corresponding guidelines for the 2025 period are in process.
The current Guidelines and Orientations for the formulation of the POI-Budget and other technical documents of the budget plan preparation process are attached in Annex 5 (Anexo 5).
PROCUREMENT MANAGEMENT 4.1 Applicable policy and regulations (BCIE) The signed contract establishes in its clause 9.09 that the goods, works, and consultancies necessary for the execution of the operation must be contracted in accordance with the application rules of the Policy for the Procurement of Goods, Works, and Consulting Services with Resources from the Central American Bank for Economic Integration.
4.2 Procurement Governance This section will establish the mechanisms for forming the evaluation committee(s), its hierarchical order (who approves the awards), governance, thresholds for each type of process, formats and guides (when necessary) for making purchases, and the eligibility of the award beneficiaries.
4.3 Executive Committee for Tenders or Competitions The management of the procurement process for goods, services, works, and consultancies will be carried out through the Executive Committee for Tenders or Competitions. In the case of SENARA, this Executive Committee is constituted by the Tender Commission, which will incorporate the director of DIGEP into its structure to handle the project's procurement processes.
4.4 Composition of the Executive Committee for Tenders or Competitions:
The Executive Committee for Tenders or Competitions will be composed of:
- a)The Deputy Manager of the Institution, who will be its president. b) The coordinator of Administrative Services, who will act as executive secretary. c) The Administrative-Financial-Accounting Director. d) The Director of Research and Water Management. e) The Director of Engineering and Project Development. f) The Legal Director. g) The General Coordinator of Institutional Planning. h) The director of DIGEP.
4.4 Operation of the Executive Committee for Tenders or Competitions The Executive Committee of the borrower/beneficiary will have, at a minimum, the function of coordinating the execution of the following activities:
- a)Prepare and submit for BCIE's consideration, for its no-objection, the notices for prequalification, tenders, and competitions that, once approved and as applicable, must be published in accordance with the provisions of these Rules. b) Establish the necessary information requirements for the prequalification of bidders in accordance with the required specialties, as well as the requirements and technical specifications for a procurement process for goods, works, services, and consultancies with the factors, criteria, evaluation scores, and weighting values to be established for the evaluation of offers. c) Based on the standard documentation available from BCIE, prepare the bases for prequalification, tenders, and competitions and submit these to BCIE for its respective no-objection, prior to their use. d) Forward to BCIE the final version of the base document for prequalification, tender, or competition prior to its publication and make said base documents available to interested parties, upon the corresponding payment when applicable. e) Organize and conduct the site visit with bidders when applicable, seeking BCIE's accompaniment. Likewise, organize and hold homologation meetings when necessary. f) Address written queries from bidders and send the clarifying response to all bidders in a tender or competition process. g) Prepare and send amendments to the base documents of the tender or competition to all bidders. In processes subject to prior review, it must previously have BCIE's no-objection, except for amendments related exclusively to deadline extensions. h) Receive and analyze the prequalification documents, technical and economic offers of the procurement processes. i) Prepare and send to BCIE, for its no-objection, the minutes or report of the evaluation carried out containing the information on the review, evaluation, selection, recommendation for award, or declaration of a deserted or failed process, as applicable, prior to issuing notifications to participants. j) Notify bidders of the results of the process in which they have participated, informing each one of them of the results, scores, and rating obtained and the place they occupy in order of priority in the final results of the offer evaluation. k) Resolve in the first instance and attend until their final resolution the protests that are presented in a prequalification, tender, or competition process through the established instances for this, and once there are no protests to attend, recommend the award and lead the contract negotiation for the supply of goods, works, services, or consultancies. l) In processes subject to prior review and when modifications are incorporated into the draft contract included in the process's base document, submit the draft contract to BCIE for no-objection prior to signing. m) Send BCIE a copy of the signed contract, as well as notify it of the contract start date.
4.5 Procurement Planning To initiate procurement and contracting processes, the General Procurement Plan (Plan General de Adquisiciones, PGA) must be submitted to BCIE according to the format established by the Bank and available on the website www.bcie.org, containing the description of the applicable procedures that will regulate the procurement of goods, works, services, and consultancies necessary to execute the operation so that the Bank can pronounce its "BCIE No-Objection." The PGA must contain detailed information for the procurements planned to be carried out in a period of eighteen (18) months of execution and, if possible, the global projection for subsequent years. The PGA may be reviewed and adjusted in accordance with the needs of the operation during its execution, when necessary, with the "BCIE no-objection" for each adjustment or modification incorporated. The OE will keep the PGA updated and must consider the level of risk according to the need and nature of the procurements.
The following matrix describes the activities and responsible parties for procurement planning:
Table 3 Responsibility Matrix for Procurement Planning
| Activity | SENARA | BCIE | Other outside the institution | Comments |
|---|
| Identification/modification of needs and cost estimates | General Manager | | | |
| Request for No-Objection to the Procurement Plan | General Manager | | | |
| No-Objection to the Procurement Plan | | X | | |
| Follow-up on the Procurement Plan | DIGEP | X | | |
| Updating the Procurement Plan | DIGEP | | | |
| Monitoring the Procurement Plan | DIGEP | X | DCP | |
4.6 Thresholds for determining procurement procedures (*) BCIE defines the following procurement ranges for the procedures for obtaining goods, works, services, and consultancies:
| Modality or Method of Procurement | Threshold Amounts Thousands of United States Dollars | | |
|---|
| Goods and Services | Works | Consultancies | |
| International Public Tender or Competition | ≥350 | ≥1,500 | ≥150 |
| Modality or Method of Procurement | Threshold Amounts Thousands of United States Dollars | | |
|---|
| Goods and Services | Works | Consultancies | |
| National Public Tender or Competition | ≥100 and <350 | ≥200 and <1,500 | ≥35 and <150 |
| Application of National Legislation | >50 and <100 | >50 and <200 | N/A |
| Price Comparison or Qualifications | ≤50 | <35 | |
(*) The threshold amounts of this table may be modified in accordance with the provisions of the Loan Contract and BCIE's applicable rules.
4.6 Documents governing procurement Procurements will be carried out using the documents issued by the Bank and published on its website https://www.bcie.org., namely:
* Works contracts subject to International Public Tender, in those cases where a prequalification of bidders has not been conducted, in a single stage (a single envelope), will be executed using the Standard Document for International Public Tender. * Goods and Services contracts subject to International Public Tender, in those cases where a prequalification of bidders has not been conducted and in a single stage (a single envelope), will be executed using a Standard Document for International Public Tender. * Consulting firm contracts subject to International Public Competition will be executed using a Standard Document for International Public Competition. * Works contracts subject to National Public Tender, in those cases where a prequalification of bidders has not been conducted, in a single stage (a single envelope), will be executed using the Standard Document for National Public Tender. * Goods and Services contracts subject to National Public Tender, in those cases where a prequalification of bidders has not been conducted and in a single stage (a single envelope), will be executed using the Standard Document for National Public Tender. * Consulting firm contracts subject to National Public Competition will be executed using a Standard Document for National Public Competition. * For the selection and contracting of individual consultants, the Guide Instructions for the Selection of Individual Consultants through qualifications comparison will be applied. * Add any other.
For each of the contracting processes to be used, the main activities and responsible parties are indicated in the following tables.
Table 4 International Public Tender (ONE STAGE - TWO ENVELOPES)
| Activity | SENARA | BCIE | Other outside the Institution | Comments |
|---|
| Conformity for the start of contracting processes | General Manager | | | |
| Preparation of the base tender document, Technical Specifications, and Budget | DIGEP | | | |
| Sending Request for No-objection to the base document (Technical Specifications and Budget) | DIGEP and Executive Tender Committee | | | |
| No-objection to the Tender documents | | X | | |
| Publication of notice | Executive Tender Committee | | | |
| Preparation of responses to clarifications requests | DIGEP | | | |
| Activity | SENARA | BCIE | Other outside the Institution | Comments |
|---|
| Preparation and issuance of amendments (with and without consultation) to the Process Document. / No-Objection to the Addendum. | DIGEP and Executive Tender Committee | | | |
| Receipt and Opening of offers | Executive Tender Committee | | | |
| Evaluation of background and technical offer | DIGEP and Legal Directorate | | | |
| Preparation of the Evaluation Report on background and technical offer | DIGEP | | | |
| Request for No-objection to the Evaluation Report on background and technical offer | Executive Tender Committee | | | |
| Notification of results to bidders | Executive Tender Committee | | | |
| Opening of the Economic offer | Executive Tender Committee | | | |
| Preparation of the Evaluation and Award Recommendation Report | DIGEP | | | |
| Request for No-objection to the Evaluation Report and recommendation of the most convenient offer (including the request for contract negotiation) | Executive Tender Committee | | | |
| Activity | SENARA | BCIE | Other outside the Institution | Comments |
|---|
| No-objection to the Evaluation Report | | X | | |
| Contract negotiation | DIGEP- Legal Directorate | | | |
| Request for No-Objection to the Evaluation Report and Award Recommendation | Executive Tender Committee | | | |
| No-Objection to the Evaluation Report and Award Recommendation | | X | | |
| Award | Board of Directors | | | |
| Notification of results / intention of award | Executive Tender Committee | | | |
| Receipt/resolution of protests | Executive Tender Committee | | | |
| Notification and Publication of the Award | Executive Tender Committee | | | |
| Contract Management (including modification/no-objection/signing) | DIGEP- General Management and Executive Tender Committee | | | |
| Preparation of Purchase Orders | Administrative Services | | | |
| Activity | SENARA | BCIE | Other outside the Institution | Comments |
|---|
| Contract Execution (including the management of amendments that arise during execution) | DIGEP | | | |
See process flow in Annex 5 Table 5 International Public Tender (ONE STAGE - ONE ENVELOPE)
| Activity | Executing Agency | BCIE | Other outside the Institution | Comments |
|---|
| Conformity for the start of contracting processes | General Manager | | | |
| Preparation of the base tender document, Technical Specifications, and Budget | DIGEP | | | |
| Sending Request for No-objection to the base document (Technical Specifications and Budget) | DIGEP and Executive Tender Committee | | | |
| No-objection to the Tender documents (including the notice) | | X | | |
| Publication of notice | Executive Tender Committee | | | |
| Preparation of responses to clarifications requests | DIGEP | | | |
| Activity | Executing Agency | BCIE | Other outside the Institution | Comments |
|---|
| Preparation and issuance of amendments (with and without consultation) No-Objection to the Addendum. | DIGEP and Executive Tender Committee | | | |
| Receipt and Opening of offers | Executive Tender Committee | | | |
| Evaluation and preparation of report | DIGEP and Legal Directorate | | | |
| Request for No-objection to the Evaluation Report and recommendation of the most convenient offer (including the request for contract negotiation) | Executive Tender Committee | | | |
| No-objection to the Evaluation Report and recommendation of the most convenient offer | | X | | |
| Contract negotiation | DIGEP- Legal Directorate | | | |
| Request for No-Objection to the Evaluation Report and Award Recommendation after contract negotiation | Executive Tender Committee | | | |
| No-Objection to the Evaluation Report and Award Recommendation | | X | | |
| Award | Board of Directors | | | |
| Activity | Executing Agency | BCIE | Other outside the Institution | Comments |
|---|
| Notification of results / intention of award | Executive Tender Committee | | | |
| Receipt/resolution of protests | Executive Tender Committee | | | |
| Notification and Publication of the Award | Executive Tender Committee | | | |
| Notification and Publication of the Award | Executive Tender Committee | | | |
| Contract Management (including modification/no-objection/signing) | DIGEP- General Management and Executive Tender Committee | | | |
| Preparation of Purchase Orders | Administrative Services | | | |
| Contract Execution (including the management of amendments that arise during execution) | DIGEP | | | |
See process flow in Annex 5 Table 6 Selection of Consulting Firm International Public Process
| Activity | Executing Agency | BCIE | Other outside the Institution | Comments |
|---|
| Conformity for the start of contracting processes | General Manager | | | |
| Preparation of TDRs for the expression of interest request | DIGEP | | | |
| Sending Request for No-objection | Executive Tender Committee | | | |
| No-objection | | X | | |
| Publication of the expression of interest notice | Executive Tender Committee | | | |
| Preparation of the base competition document | DIGEP | | | This is done during the deadline for receiving expressions of interest |
| Request for No-objection to the base document | Executive Tender Committee | | | |
| No-objection to the Base Document | | X | | |
| Receipt of expressions of interest | Executive Tender Committee | | | |
| Evaluation of expressions of interest and report preparation | DIGEP | | | |
| Activity | Executing Agency | BCIE | Other outside the Institution | Comments |
|---|
| Request for No-objection to the report on the expression of interest result | Executive Tender Committee | | | |
| No-objection to the expression of interest evaluation report | | X | | |
| Communication to firms that submitted expressions of interest and invitation to submit proposals to those that were selected | Executive Tender Committee | | | |
| Receipt of offers/proposals | Executive Tender Committee | | | |
| Evaluation and preparation of the technical evaluation report | DIGEP | | | |
| Request for No-Objection to the Technical Evaluation Report | Executive Tender Committee | | | |
| No-Objection to the Technical Evaluation Report | | X | | |
| Notification of Results | Executive Tender Committee | | | |
| Opening of the economic proposal | Executive Tender Committee | | | |
| Evaluation and preparation of the economic evaluation report | DIGEP | | | |
| Activity | Executing Agency | BCIE | Other outside the Institution | Comments |
|---|
| Request for No-objection to the Evaluation Report and recommendation of the most convenient offer (including the request for contract negotiation, if applicable) | Executive Tender Committee | | | |
| Contract negotiation with the proponent of the most convenient proposal | DIGEP- Executive Tender Committee | | | |
| Preparation of the satisfactory negotiation minutes | DIGEP | | | |
| Request for No-objection to the satisfactory negotiation minutes and contract | Executive Tender Committee | | | |
| No-objection to the satisfactory negotiation minutes and contract | | X | | |
| Notification and Publication of the intention of Award | Executive Tender Committee | | | |
| Award | Board of Directors | | | |
| Publication of Award | Executive Tender Committee | | | |
| Contract Management (signing) | DIGEP- General Management and Executive Tender Committee | | | |
| Activity | Executing Body | BCIE | Other Outside the Institution | Comments | | --- | --- | --- | --- | --- | | Preparation of Purchase Orders | Administrative Services | | | | | Contract Execution (including management of any amendments that arise or change of professionals during execution) | DIGEP | | | | See process flow in Anexo 5 Table 7 Direct Contracting Method | Activity | SENARA | BCIE | Other Outside the Institution | Comments | | --- | --- | --- | --- | --- | | Approval to initiate contracting processes | General Manager | | | | | Preparation of the request with all supporting documentation as part of the justification | DIGEP | | | | | Internal approval of the document for the contracting process. | Executive Procurement Committee | | | | | Request for No Objection to the Procurement documents | Executive Procurement Committee | | | | | No objection to the procurement | | X | | | | Contract Management (signing) | DIGEP-Management- Legal Directorate | | | | | Preparation of purchase order | Administrative Services | | | | | Contract Execution (including management of any amendments that arise during execution) | DIGEP | | | | See process flow in Anexo 5 Table 8 Comparison of Qualifications for Individual Consultants/Firms | Activity | SENARA | BCIE | Other Outside the Institution | Comments | | --- | --- | --- | --- | --- | | Approval to initiate contracting processes | General Manager | | | | | Preparation of TORs | DIGEP | | | | | Submission of Request for No Objection to the TOR document | Executive Procurement Committee | | | | | No objection to the document | | X | | | | Publication of notice | Executive Procurement Committee | | | | | Receipt of Curricula Vitae (for individual consultants) / proposals (For firms) | DIGEP | | | | | Evaluation/ comparison of Proposals and preparation of report | DIGEP | | | | | Request for No Objection to the Evaluation report | Executive Procurement Committee | | | | | No objection to the Report | | X | | | | Award | Board of Directors | | | |
| Activity | SENARA | BCIE | Other Outside the Institution | Comments |
|---|
| Notification of award result | Executive Procurement Committee | | | |
| Final drafting of the Contract | DIGEP-Legal Directorate | | | |
| Request for No Objection to the Contract | Executive Procurement Committee | | | |
| No objection to the Contract | | X | | |
| Management of Contract Signing | DIGEP-General Management | | | |
| Preparation of Purchase Orders | Administrative Services | | | |
| Contract Execution | DIGEP | | | |
See process flow in Anexo 5 4. 7 Prohibited Practices The highest ethical standards shall be observed, and any suspected act of prohibited practices of which one becomes aware or is informed during the selection, negotiation, or execution of a contract shall be reported to the Bank. Prohibited practices are defined in Article 8 of the Bank's Procurement Policy. All contracts financed with Bank resources must include the bank's integrity annex.
4. 8 Prohibitions due to conflict of interest.
To ensure the transparency of BCIE operations and the absence of any conflict of interest, the following persons may not participate directly or indirectly in the supply of goods, execution of works, services, or consultancies for operations financed by the BCIE:
- a)Officials or employees of the BCIE.
- b)The spouses and relatives of such officials or employees up to the fourth degree of consanguinity or second degree of affinity, inclusive.
- c)In financing to the public sector, individuals with family or business ties to the representatives of the borrower/beneficiary or its executing body up to the second degree of consanguinity or second degree of affinity, inclusive.
- d)The prohibition contained in subparagraphs (b) and (c) above shall not apply when the persons named therein prove that they are habitually engaged in developing the business activity that is the subject of the respective procurement, at least two (2) years before the emergence of the grounds for disqualification; likewise, that the costs involved are in line with the market.
- e)Those who are or have been associated, directly or indirectly, with a firm or any of its affiliates that has been contracted by the borrower/beneficiary for the provision of consulting services for the preparation of the design, technical specifications, and other documents to be used in the procurement process, and whose participation is considered to affect the interests of the operation.
- f)All those who submit more than one proposal/offer in a bidding or tender process, except in the case of alternative offers permitted in the base documents of the respective process. This does not limit the participation of subcontractors in more than one proposal/offer.
4. 9 File Management The preparation and custody of the procurement files (expedientes de adquisiciones) shall be the responsibility of DIGEP, which shall prepare the physical files following the classification and coding established according to Ley Nº 7202 and its regulations, which stipulate that all public institutions of Costa Rica must have the necessary Management Archives and a Central Archive to preserve and organize documents.
Likewise, DIGEP shall form a loan file in which all information concerning both the management stage and the execution of the project shall be gathered and consolidated.
Finally, DIGEP shall contract a standardized Document Manager for the project, which shall have mechanisms to maintain cross-references and real-time information management, specifically for the execution of procurement processes.
4. 9 Bank Supervision in Procurement Matters The BCIE, in accordance with its current internal provisions, shall supervise the development of operations. In procurement processes subject to prior review, to ensure compliance with the provisions of the Policy and the Standards for the Application of the Policy for Obtaining Goods, Works, Services, and Consultancies with BCIE Resources, the BCIE shall issue its no objection at the different stages of the procurement process, for which, when required, the specialized opinion of a third party may be considered, in accordance with the procedure established by the BCIE for this purpose.
To this end, SENARA shall collaborate extensively with the BCIE, keeping and making available to it all documents and background information related to the procurement processes at all their stages, for at least one (1) year after the final acceptance or receipt of each stage or, as applicable, from the date of completion of the execution of the operation. SENARA must provide the BCIE with all information related to the procurement processes when so required, including documentation related to the subsequent administration stage of the respective contracts, until conclusion to the satisfaction of the BCIE. Said background information and documents are indispensable elements for adequate supervision.
4. 10 Modifications to Contracts In processes subject to prior review by the Bank, no objection will be required for any amendment to the originally signed contract that, in the BCIE's judgment, implies a relevant change, such as, for example, those that may involve cost increases related to BCIE financing, delays to the operation execution schedule, and changes in the scope of services provided, among others.
Given this, the operational scheme that SENARA will use for the Contract Modification process is presented below.
Table 9 Operational Scheme for Contract Modifications
| Activity | SENARA | BCIE | Other External | Comments | |
|---|
| Preparation of the amendment proposal | Official responsible for Contract Administration/supervision (DIGEP) | | | | |
| Technical and cost review of the amendment proposal | Coordinator of the DIGEP Supervision Unit | | | | |
| Approval of the amendment | Director of DIGEP | | | | |
| Sending of the amendment to the Bank (if applicable) | Director of DIGEP | | | | |
| No Objection to the Amendment | | X | | | |
| Management of Amendment Signing | DIGEP-General Management | | | | |
EXECUTION, MONITORING, AND EVALUATION STRATEGY 5.1 Execution and Monitoring Strategy DIGEP shall be in charge of the preparation, presentation, and continuous improvement of the strategy for the operation, execution, monitoring, and evaluation of the project, which includes and considers all activities, inputs, processes, products, resources, responsible parties, results, as well as the necessary performance metrics, variables, and indicators.
DIGEP shall handle and carry out all project monitoring, control, and evaluation processes, considering the regulations, procedures, methodologies, and instruments established internally within the institution, as well as within the public sector.
In turn, it may design, propose, and use additional control mechanisms it deems more pertinent for the proper functioning of the project.
DIGEP shall operate as an integral part of the institution's Monitoring and Evaluation and Internal Control Systems, adhering to the regulations, procedures, activities, and methodologies established by the institution for this purpose.
5.2 Evaluation Strategy Monitoring and Evaluation · DIGEP shall define the criteria and methodologies for measuring impact, establishing a baseline that allows for mid-term and ex post evaluations.
· Likewise, a semi-annual accountability system, considering the Methodology for the classification of performance of programs/projects financed with external debt and other guidelines and regulations governing the execution of public investment projects in the country.
· Annual external audits (operational and financial) and other provisions of the loan contract.
As part of the control and monitoring, DIGEP shall prepare monthly and quarterly monitoring and control reports on the physical and financial progress of the project, both for BCIE and for the Dirección General de Gestión de Deuda Pública (*), in addition to any others required by oversight bodies as part of the proper execution of the project.
(*)(Name modified by Article 4 of the Ley de Fortalecimiento de la gestión de la deuda pública, N° 10524 of September 18, 2024. Previously referred to as "Dirección de Crédito Público") These reports shall be prepared using the procedures of "Planning, Monitoring, and Control of the Project based on the Schedule," as well as the "Earned Value and S-Curve" Management. Notable reports include the quarterly monitoring reports and the BCIE mid-term matrix I.
In turn, DIGEP shall prepare and present project management performance evaluation reports, on a quarterly and semi-annual basis, shall prepare achievement reports and other accountability instruments required by the institution, as well as by external oversight bodies.
The following shall be reflected in the reports prepared:
- a)Financial progress: The progress must reflect what was programmed and what was executed during the report period, as well as a breakdown of expenses or payments made, disbursements made and to be disbursed in the following period, as well as the balance of resources from both the loan contract and the national counterpart.
- b)Physical progress: The progress must reflect what was programmed versus what was executed, based on Schedule and S-Curve management, performance and efficiency measurements, such as (Schedule Performance Index (SPI), Schedule Variance (SV), Cost Performance Index (CPI), Cost Variance (CV)), as well as the Variance at Completion (VAC), which allow for the evaluation of deviations from the original baseline schedule and project costs.
- c)Identified risks: Present the risk matrix with the status of the risks identified in the previous report period, as well as the measures taken to prevent their materialization and mitigate impacts.
- d)Modifications: Indicate any modification that the project has undergone or needs to undergo for adequate execution and what the impact of said modification is in terms of scope, timeline, and cost of the project.
- e)Any deviation that arises from what was programmed must be recorded in the reports, indicating the causes of such deviations for timely decision-making.
5.3 Operation and Closure of the Project Operation and Sustainability Stage The operation stage is defined within the general framework of activity planning or the general project schedule. Likewise, for each of the works constructed, its own execution and operation program shall be defined based on the activities defined in the general project schedule, which will enable the sustainability of all project operation processes.
Project Closure Stage DIGEP shall carry out the closure of each of the works comprising the project execution and the project in general, following for this purpose the entire structure defined in the "Guía para elaborar el informe de cierre de la etapa de ejecución de los proyectos de inversión pública del Ministerio de Planificación Nacional y Política Económica, 2020" and the "Methodology for the classification of performance of programs/projects financed with external debt" of the Dirección General de Gestión de Deuda Pública (*) of the Ministry of Finance.
(*)(Name modified by Article 4 of the Ley de Fortalecimiento de la gestión de la deuda pública, N° 10524 of September 18, 2024. Previously referred to as "Dirección de Crédito Público") Systematization and lessons learned DIGEP shall, semi-annually, as part of the accountability methodology, include a section on lessons learned in the reports so that these may be known within the framework of institutional knowledge and by other external entities, in order to correct and improve future processes.
In this context, both positive and negative aspects must be considered, as well as the problems encountered and the good practices used for their resolution.
All lessons learned during execution shall be systematized at the end of the project and recorded in the project closure stage.
ANNEXES Anexo 1 Task Breakdown Structure (EDT). (Nota de Sinalevi:: In the publication of this regulation, this annex does not appear. However, the system requires consecutive numbering, so it has been created, but without text.)
Anexo 2 Global Investment Plan. (Nota de Sinalevi:: In the publication of this regulation, this annex does not appear. However, the system requires consecutive numbering, so it has been created, but without text.)
Anexo 3 Activity Execution Schedule. (Nota de Sinalevi:: In the publication of this regulation, this annex does not appear. However, the system requires consecutive numbering, so it has been created, but without text.)
Anexo 4 Project Timeline (Nota de Sinalevi:: In the publication of this regulation, this annex does not appear. However, the system requires consecutive numbering, so it has been created, but without text.)
It is effective upon its publication in the Official Gazette La Gaceta. UNANIMOUS AGREEMENT