Attachment 4 RCE.pdf

DCN: 2021-SRB-006

Serbia/PPP 1 EE.BEU Standard Form: RCE.v1 (effective date 7/4/2012)

SOP 1, Template 2: Request for Categorical Exclusion (RCE)

United States Agency for International Development (USAID)/Serbia Request for Categorical Exclusion (RCE)

Program/Project/Activity Data:

Activity/Project Name: Public Procurement Project Assistance Objective: Governing Justly and Democratically Program Area: Rule of Law/Good Governance Country(ies) and/or Operating Unit: Serbia Originating Office: USAID Serbia/ODEG Date: 05/05/2021 PAD Level RCE: Yes No RCE/IEE Amendment: Yes No Supplemental RCE: Yes No

DCN of Original RCE/IEE:

DCN of Amendment(s):

If Yes, Purpose of Amendment:

DCN(s) of Related EA/IEE/RCE/ER(s):

Implementation Start/End: LOP: 2/1/2022 – 2/1/2027 Funding Amount: LOP Amount: $15,000,000 Contract/Award Number (if known):

IEE Expiration Date (if any): Reporting due dates (if any):

Recommended Determination: Categorical Exclusion Additional Elements:

Government to Government: Local Procurement: Donor Co-Funded:

1. Project Purpose The overall goal of the Public Procurement Project is to strengthen the institutional capacities for a fair, open, non-discriminatory, and transparent process of public procurement, and oversight of the procurement process.

2. Project Description and Climate Risk Screening

Objective 1: Public procurement planning: This activity will provide technical assistance to public procurement entities within local governments in applying the law on public procurement and improve planning processes.

Illustrative activities:

1. Identify municipalities where there are opportunities to improve public procurement practices

2. Support local governments procurement offices to establish standards in setting technical specifications and selection criteria

3. Support local governments in preparing better informed annual procurement plans

4. Support the dialogue between the local governments and the Public Procurement Office for better quality procurement plans.

5. Support local governments in increasing the number of joint procurement actions for greater cost effectiveness

Serbia/PPP 2 EE.BEU Standard Form: RCE.v1 (effective date 7/4/2012)

Objective 2: Public procurement tendering and implementation in line with international standards: This activity will provide technical assistance to the Public Procurement Office in performing its mandate:

ensuring by-laws, guidelines and other support documentation is in place, ensuring certification of the public procurement officers and professional development, and monitoring the implementation of the legislation.

Illustrative activities:

6. Work with local government procurement offices to introduce clear standards in evaluation processes; as well as to decrease the number of discriminatory practices.

7. Support the Public Procurement Office in monitoring the implementation of the legislation, maintaining the e-Portal.

8. Support for greater transparency throughout the process; this could entail support the use of e-portal/adding features to the e-portal to include more information on contract performance.

Objective 3: Legal enforcement: This activity will provide technical assistance to the Commission for Protection of Bidders’ Rights; judiciary and prosecution in implementing the relevant legislation.

Illustrative activities:

9. Support strengthening of detection and investigation of public procurement violations.

10. Support improvement of adjudication of breaches to the public procurement law.

11. Support inter-institutional dialogue and cooperation.

Objective 4: Oversight Institutions: This activity will provide technical assistance to the State Audit Institution (SAI) to strengthen monitoring of public spending, and exercise mandates as defined per relevant legislation. Also, this activity will support the civil society organizations for a more effective oversight of government operations.

Illustrative activities:

12. Support strengthening coordination between the independent institutions and other relevant institutions, such as the parliament, courts, prosecutor’s offices, and tax authorities.

13. Build upon existing strong cooperation with the State Audit for continued increase of performance audits.

14. Support the important role of civil society as a watchdog of public spending.

An activity-level climate risk assessment is not required because the CDCS Climate Risk Screening did not identify any moderate or high risks for the IR 1.1: Select Government Institutions Increasingly Acting in the Public Interest.

3. Justification for Categorical Exclusion Determination The activities 1-14 under this award will not have an effect on the natural or physical environment and are among the classes of activities listed in 22 CFR 216.2(c)(2). Therefore, under §216.2(c)(1), neither an IEE nor an EA will be required for these activities. Instead, a categorical exclusion threshold determination is recommended for:

Activities from 1 to 14 listed above fall under 22 CFR 216.2(c)(2)(i) Education, technical assistance, or training programs except to the extent such programs include activities directly affecting the environment (such as construction of facilities, etc.);

Activities under §216.2(c)(2) (iii)Analyses, studies, academic or research workshops and meetings; and/or

Additionally, all activities under §216.2(c)(2)(xiv) Studies, projects or programs intended to develop the capability of recipient countries to engage in development planning, except to the extent designed to result in activities directly affecting the environment (such as construction of facilities, etc.).

Serbia/PPP 3 EE.BEU Standard Form: RCE.v1 (effective date 7/4/2012)

4. Limitations of the Categorical Exclusion Determination:

This categorical exclusion does not cover classes of actions normally having a significant effect on the environment under §216.2(d):

i. Programs of river basin development;

ii. Irrigation and water management;

iii. Agricultural land leveling;

iv. Drainage projects;

v. Large scale agricultural mechanization;

vi. Resettlement projects;

vii. New land development;

viii. Penetration road building and road improvement;

ix. Powerplants;

x. Industrial plants; and

xi. Potable water and sewerage projects In addition, this categorical exclusion does not cover activities that:

Support project preparation, project feasibility studies, engineering design for activities listed in §216.2(d)(1);

Affect endangered species ;

Provide support to extractive industries (e.g. mining and quarrying);

Promote timber harvesting;

Lead to construction, reconstruction, rehabilitation, or renovation work;

Support agro-processing or industrial enterprises;

Provide support for regulatory permitting;

Lead to privatization of industrial facilities or infrastructure with heavily polluted property;

Assist the procurement (including payment in kind, donations, guarantees of credit) or use

(including handling, transport, fuel for transport, storage, mixing, loading, application, clean-up of spray equipment, and disposal) of pesticides or activities involving procurement, transport, use, storage, or disposal of toxic materials--pesticides cover all insecticides, fungicides, rodenticides, etc. covered under the Federal Insecticide, Fungicide, and Rodenticide Act; and/or

Procure or use genetically modified organisms.

Any of these actions would require a Europe and Eurasia Bureau Environmental Officer (BEO) approved amendment to the categorical exclusion.

5. Mandatory Inclusion of Environmental Compliance Requirements in Solicitations, Awards, Budgets, and Work Plans

Appropriate environmental compliance language, including limitations defined in Section 4, shall be incorporated into solicitations and awards for categorical exclusions.

The implementing partner shall ensure annual work plans do not prescribe activities that are defined as limitations in Section 4.

6. Revisions Under §216.3(a)(9), if new information becomes available that indicates that activities covered by the categorical exclusion might be considered major and their effect significant, or if additional activities are proposed that might be considered major and their effect significant, this categorical exclusion determination will be reviewed and, if necessary, revised by the Mission Environmental Officer (MEO) with concurrence by the BEO. It is the responsibility of the USAID Contract Officer’s Representative (COR)/Agreement Officer’s Representative (AOR) to keep the MEO and BEO informed of any new information or changes in the activity that might require revision of this determination.

Serbia/PPP 4 EE.BEU Standard Form: RCE.v1 (effective date 7/4/2012)

7. Recommended Determination for Categorical Exclusion Clearances

Approval :

Shanley Pinchotti, Acting Mission Director

Date

Clearance: _______________________________________ Ivan Vukojevic, Mission Environmental Officer

Date

Clearance: _______________________________________ Milena Jenovai, AOR/COR

Date

Concurrence: _______________________________________ Poojan Tripathi E&E Bureau Environmental Officer

Date

Distribution:

IEE File MEO (to also provide a copy to AOR/COR)

Ivan Vukojevic Digitally signed by Ivan Vukojevic Date: 2021.05.05 14:03:56 +02'00'

GREGORY P OLSON Digitally signed by GREGORY P OLSON Date: 2021.05.05 14:35:13 +02'00'

Shanley Pinchotti Digitally signed by Shanley Pinchotti Date: 2021.05.05 14:37:59 +02'00'

POOJAN BHASKER

TRIPATHI (affiliate)

Digitally signed by POOJAN BHASKER TRIPATHI (affiliate) Date: 2021.05.07 10:23:09 -04'00'