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 Agreement for Performance of Work
(APW)
An APW is a contract between WHO and the
contracting party primarily for:
 undertaking studies/surveys;
undertaking pilot projects;
developing manuals and training
materials;
engaging experts for development
of guidelines/preparation of documents/ publications of specified nature
required for strengthening national health care capabilities without direct
supervision of WHO;
undertaking monitoring, supervision and
management of project.
Salient features and Guidelines for an APW
a) APWs are normally
concluded with institutions; however,in
exceptional circumstances, APWs may be concluded
with individuals.
b) Proposals should be submitted as per the
format in Annexure 2. All proposals up to an estimated budget of US$ 50,000
(INR 2,000,000 approx.) will be processed in WCO. Proposals for higher
amounts will be referred to the WHO Regional Office.
c) For printing the final report and product of
the APW, it is permissible to keep an amount up to INR 20,000. This can be
included in the proposal budget.
d) The duration of the APW should be feasible
taking into consideration the nature of the activity, time frame for delivery
of any equipments/consumables required to carry out the activity, staff to be
recruited and other similar factors but should not exceed one year.
e) Long-term studies/projects (with duration
exceeding one year) may be undertaken in a phased manner, i.e. initially APW
for a maximum duration of one year may be issued. Subsequent phase(s) may
commence upon completion of the previous phase under separate APW(s).
f) The first instalment
can be a maximum of 25% of the APW amount.
g) The instalment schedule
of an APW is result-oriented and based on delivery principle, e.g. while the
first instalment is usually payable upon signature
and confirmation of commencement of activities and submission of plan of
action, subsequent instalments are linked to the
submission of an interim report (giving progress of the activities undertaken
so far) and an interim certified statement of expenditure (SOE) in the
prescribed formats. (See Annexure 3).
h) For the release of final instalment,
the Contractual Partner (CP) must submit a satisfactory FINAL report, both as
hard copy and soft copy (Annexure 4), certified FINAL SOE (Annexure 5) and
other deliverables, if any, as specified in the APW.
i) Retroactive conclusion of APW is not
permissible.
j) The execution of work under an APW does not
create any employer/employee relationship. The contractual partner is solely
responsible for the manner in which the work is carried out.
k) WHO is not responsible for any loss, accident,
damages or injury suffered by any person whatsoever arising during the
conduct of activities in relation to the APW. The ownership of the original
work (resulting from APW) and copying thereof is vested in WHO, which also
reserves the right (a) to revise the work after consultation with the contractual
partner; (b) to use the work in a different way from that originally
envisaged; or (c) not to publish or use the work at all.
l) Items generally falling outside the purview of
APWs:
- Capital equipments and consumables (e.g.computers, medical equipments, vehicles,
etc.).Instead, these items are covered under supplies & equipment
(S&E) for which a separate purchase order (PO)
will be raised. Consumables too are normally not covered by an APW. However,
requests for minor consumables, which are critically essential for the
completion of the work, can be provided.
- Institutional service charges/administrative
overheads and remunerations to Principal Investigators are not to be included
in the proposal as these are not payable as per WHO rules.
Responsibilities
of Contractual Partner
a) On
receipt of the APW, the Contractual Partner (CP) should satisfy
himself/herself that the conditions for the release of different instalments are acceptable.
b) CP
should sign all three copies of the APW and return the original STICKERED
version and one copy to WCO along with an explicit written request for the
release of the first instalment. The third copy of
the APW must be retained by the CP for his/her own records.
c) CP
must quote the Sticker No., which serves as the unique identification number
for the APW, in all future correspondences.
d) The
contractual partner (CP) must ensure that the payee's name and bank account
details in whose name the cheques/drafts are to be
prepared are correctly reflected. The request for release of funds in an
individual's name is not allowed.
e) Funds
in local currency will be released only upon receipt of ORIGINAL SIGNED APW.
f) The contract should start only after the
Contractual Partner has signed the contract.
g) Contractual
Partner must ensure compliance with the respective condition while requesting
the release of any instalment.
h) Expenditure
should be incurred according to the approved budget for the activity(ies). Justification for
variations of more than 10% under any budget head must be incorporated in the
SOE.
i) In case CP is not able to undertake the APW
activity, WHO should be informed immediately so that the funds set aside for
this activity could be utilized for other priority activities. The funds
released, if any, should also be refunded to WHO.
j) The start date and end date of the APW must be
strictly adhered to and the CP should make all efforts to complete the
activity/project within the period specified in the APW. The start date of
activity is when the CP signs the contract.
k) If
the activity cannot be completed within the stipulated dates for reasons
beyond the control of the CP, a request for extension of end date, justifying
the extension, should be placed with WCO. WCO will then consider the request,
and if approved, will prepare an addendum extending the duration. Subsequent instalments will be released only upon receipt of the
addendum duly signed by the CP.
l) For the release of final instalment,
the CP must submit satisfactory FINAL report, certified FINAL SOE and other
deliverables, if any, as specified in the APW, immediately after completion
of the activity.
m) In
case the activity has been completed with the funds already released and no
further instalments are required, the final SOE and
final technical report should be submitted immediately along with the unspent
balance, if any, to WHO. Cheques/drafts
should be drawn in favour of "WHO"
payable at New Delhi.
n) For
any alteration in terms originally agreed upon under the APW, an addendum has
to be made which must be signed by both the parties to the agreement and be
made a part of the original APW document.
o) Unspent
balance of one activity must not be used for any other activity and should be
refunded to WHO.
p) Supporting
financial documents must be retained by the Contractual Partner for a period
of five years after the end of the activity and be available for inspection
by WHO.
q) Relevant
extracts of Contractual Partner's audited financial statements,
expense vouchers, bank statements, etc. must also be made available to WHO
upon request.
r) Due
recognition or acknowledgment must be accorded for WHO's
support, as appropriate, during the course of the activity and on the final
reports/documents. An example is: 'In collaboration with WHO Country Office
for India, New Delhi'.
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