RFP - BEmONC and Post Training Methodology

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Development of an Blended Training Module for Basic Emergency

Obstetric and Newborn Care (BEmONC) Separately for Physicians and for
Nurses with Training Operational Details, and post training evaluation
(PTE) Methodology

Request for Proposals (RFP)


Bid Reference
RMNCAH-001-2022
Country/Unit Name
RMNCAH, WHO Philippines

Closing Date:

[16 August 2022]

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1. INTRODUCTION ................................................................................................................................ 4
1.1 Objective of the RFP ......................................................................................................... 4
1.2 About WHO ........................................................................................................................ 4
1.2.1 WHO Mission Statement .................................................................................... 4
1.2.2 Structure of WHO ............................................................................................... 4
1.2.3 Description of Office/Region or Division/Service/Unit ........................................ 4
1.3 Definitions, Acronyms and Abbreviations ..................................................................... 5

2. BACKGROUND: DESCRIPTION OF PRESENT ACTIVITIES ......................................................... 6


2.1 Overview ............................................................................................................................ 6
2.2 Objectives & coordination ................................................... Error! Bookmark not defined.

3. REQUIREMENTS ............................................................................................................................... 7
3.1 Introduction ....................................................................................................................... 7
3.2 Characteristics of the provider ........................................................................................ 7
3.2.1 Status.................................................................................................................. 7
3.2.2 Accreditations ..................................................................................................... 7
3.2.3 Previous experience ........................................................................................... 7
3.2.4 Staffing................................................................................................................ 7
3.3 Work to be performed ...................................................................................................... 8
3.3.1 Key requirements ............................................................................................... 8
3.3.2 Place of performance ......................................................................................... 8
3.3.3 Timelines ............................................................................................................ 9
3.3.4 Reporting requirements ...................................................................................... 9
3.3.5 Performance monitoring ..................................................................................... 9
3.3.6 Further capacities ............................................................................................... 9

4. INSTRUCTIONS TO BIDDERS ....................................................................................................... 10


4.1 Language of the Proposal and other Documents ....................................................... 10
4.2 Intention to Bid................................................................................................................ 10
4.3 Cost of Proposal ............................................................................................................. 10
4.4 Contents of the Proposal ............................................................................................... 10
4.5 Joint Proposal ................................................................................................................. 11
4.6 Communications during the RFP Period ..................................................................... 11
4.7 Submission of Proposals ............................................................................................... 11
4.8 Period of Validity of Proposals ...................................................................................... 12
4.9 Modification and Withdrawal of Proposals .................................................................. 12
4.10 Receipt of Proposals from Non-invitees ...................................................................... 12
4.11 Amendment of the RFP .................................................................................................. 12
4.12 Proposal Structure.......................................................................................................... 13
4.12.1 Acceptance Form ............................................................................................. 13
4.12.2 Executive Summary .......................................................................................... 13
4.12.3 Information about Bidders .................................. Error! Bookmark not defined.
4.12.1 Approach/Methodology ..................................................................................... 13
4.12.2 Proposed Solution ............................................................................................ 13
4.12.3 Proposed Time line ........................................................................................... 13
4.12.4 Financial Proposal ............................................................................................ 13
4.13 Conduct and Exclusion of Bidders ............................................................................... 14

5. EVALUATION OF PROPOSALS ..................................................................................................... 15


5.1 Preliminary Examination of Proposals ......................................................................... 15
5.2 Clarification of Proposals .............................................................................................. 15
5.3 Evaluation of Proposals ................................................................................................. 15
5.4 Bidders' Presentations ................................................................................................... 16

6. AWARD OF CONTRACT ................................................................................................................. 17


6.1 Award Criteria, Award of Contract ................................................................................ 17
6.2 WHO's Right to modify Scope or Requirements during the Evaluation/Selection Process ........... 17
6.3 WHO's Right to Extend/Revise Scope or Requirements at Time of Award .............. 17
6.4 WHO's Right to enter into Negotiations ....................................................................... 17
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6.5 Signing of the Contract .................................................................................................. 17


6.6 Publication of Contract .................................................................................................. 18

7. GENERAL AND CONTRACTUAL CONDITIONS ........................................................................... 19


7.1 Conditions of Contract ................................................................................................... 19
7.2 Responsibility ................................................................................................................. 20
7.3 Audit and Access ............................................................................................................ 20
7.4 Source of Instructions .................................................................................................... 20
7.5 Warranties ....................................................................................................................... 20
7.6 Legal Status..................................................................................................................... 21
7.7 Relation Between the Parties ........................................................................................ 21
7.8 No Waiver ........................................................................................................................ 21
7.9 Liability ............................................................................................................................ 21
7.10 Assignment ..................................................................................................................... 22
7.11 Indemnification ............................................................................................................... 22
7.12 Contractor's Responsibility for Employees ................................................................. 22
7.13 Subcontracting ................................................................................................................ 22
7.14 Place of Performance ..................................................................................................... 22
7.15 Language ......................................................................................................................... 22
7.16 Confidentiality ................................................................................................................. 23
7.17 Title Rights ...................................................................................................................... 23
7.18 Termination and Cancellation ....................................................................................... 23
7.19 Force Majeure.................................................................................................................. 24
7.20 Surviving Provisions ...................................................................................................... 24
7.21 Use of WHO name and emblem ..................................................................................... 24
7.22 Publication of Contract .................................................................................................. 24
7.23 Successors and Assignees ........................................................................................... 24
7.24 Payment ........................................................................................................................... 25
7.25 Title to Equipment........................................................................................................... 25
7.26 Insurance and Liabilities to Third Parties .................................................................... 25
7.27 Settlement of Disputes ................................................................................................... 26
7.28 Authority to Modify ......................................................................................................... 26
7.29 Privileges and Immunities ............................................................................................. 26
7.30 Anti-Terrorism and UN Sanctions; Fraud and Corruption ......................................... 26
7.31 Ethical Behaviour............................................................................................................ 26
7.32 Officials not to Benefit ................................................................................................... 27
7.33 Compliance with WHO Codes and Policies ................................................................. 27
7.34 Zero tolerance for sexual exploitation and abuse ....................................................... 27
7.35 Tobacco/Arms Related Disclosure Statement ............................................................. 27
7.36 Compliance with applicable laws, etc........................................................................... 28
7.37 Breach of Essential Terms ............................................................................................. 28

8. PERSONNEL ................................................................................................................................... 29
8.1 Approval of Contractor Personnel ................................................................................ 29
8.2 Project Managers ............................................................................................................ 29
8.3 Foreign Nationals............................................................................................................ 29
8.4 Engagement of Third Parties and use of In-house Resources .................................. 29

9. LIST OF ANNEXES & APPENDICES ............................................................................................. 31

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1. INTRODUCTION
1.1 Objective of the RFP

The purpose of this Request for Proposals (RFP) is to enter into a contractual agreement with a successful
bidder and select a suitable contractor to develop blended online training, and clinical skills training course on
Basic Emergency Obstetric and Newborn Care (BEmONC) separately, for a) Physicians and b) Nurses, and
post training evaluation (PTE) Methodology under the Subnational Initiative Project, Phase 2. under an
Agreement for Performance of Work (APW) contract.

WHO is an Organization that is dependent on the budgetary and extra-budgetary contributions it receives for
the implementation of its activities. Bidders are, therefore, requested to propose the best and most cost-
effective solution to meet WHO requirements, while ensuring a high level of service.

1.2 About WHO

1.2.1 WHO Mission Statement


The World Health Organization was established in 1948 as a specialized agency of the United Nations. The
objective of WHO (www.who.int) is the attainment by all peoples of the highest possible level of health.
“Health”, as defined in the WHO Constitution, is a state of complete physical, mental and social well being
and not merely the absence of disease or infirmity. WHO's main function is to act as the directing and
coordinating authority on international health work.
1.2.2 Structure of WHO
The World Health Assembly (WHA) is the main governing body of WHO. It generally meets in Geneva in May
of each year and is composed of delegations representing all 194 Member States. Its main function is to
determine the policies of the Organization. In addition to its public health functions, the Health Assembly
appoints the Director-General, supervises the financial policies of the Organization, and reviews and approves
the proposed programme budget. It also considers reports of the WHO Executive Board, which it instructs
with regard to matters upon which further action, study, investigation or report may be required.

The Executive Board is composed of 34 members elected for three-year terms. The main functions of the
Board are to give effect to the decisions and policies of the WHA, to advise it and generally to facilitate its
work. The Board normally meets twice a year; one meeting is usually in January, and the second is in May,
following the World Health Assembly.

The WHO Secretariat consists of some 8,400 staff at the Organization's headquarters in Geneva, in the six
regional offices and in countries. The Secretariat is headed by the Director-General, who is appointed by the
WHA on the nomination of the Executive Board. The head of each regional office is a Regional Director.
Regional directors are appointed by the Executive Board in agreement with the relevant regional committee.

1.2.3 Description of Office/Region or Division/Service/Unit


WHO Philippines’ Maternal and Child Health unit

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1.3 Definitions, Acronyms and Abbreviations

WHO World Health Organization


MHS Maternal and Child Health

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2. BACKGROUND

If any: description of the existing activities currently undertaken by RMNCAH, WHO Philippines i.e. prior to
the publication of this Request for Proposals, and related to its objectives.

2.1 Overview

The World Health Organization Philippines Country Office is currently implementing the Subnational Initiative
Project (SNIP), Phase 2 in collaboration with the Philippines Department of Health and the Center for Health
and Development of Regions Caraga, Davao, and Western Visayas, with funding support from the
government of Korea through the Korea International Cooperation Agency (KOICA).

The project is called “Strengthening Health Care Provider Network (HCPN) with Enhanced Linkage to
Community for Reproductive, Maternal, Neonatal, Child and Adolescent Health (RMNCAH). The objective is
to improve the health systems of the three (3) regions for better health for maternal, child, and adolescent
health. The project will respond based on the following health outcomes; supported communities to develop
effective approaches to essential health services for RMNCAH, strengthened governance and management
for the responsiveness of HCPN, and sustained and scaled up the initial gains in Region XI from the
Subnational-Initiative Phase 1 Project.

One of the supports of the project to the Philippines government is the improvement of MNH service delivery
which focuses on improving the capacity of the health service providers (HSPs) or human resourse for
health(HRH). This is to ensure that the health workers can correctly and confidently use the skills and
knowledge in maternal and newborn care in dispensing of their duties in delivering MNH services.

It is for this reason that, World Health Organization under SNI Phase 2 and KOICA, finds it necessary to
continue to train health personnel on relevant MNH care knowledge and skills to respond to Obstetrical and
Newborn emergencies, including of low-birth-weight babies, thereby reducing morbidity and mortality in these
population groups, in its catchment areas especially amidst the occurrence of the protracted COVID-19
pandemic.

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3. REQUIREMENTS
3.1 Introduction

WHO requires the successful bidder, the Contractor, to the development of online training course on Basic
Emergency Obstetric and Newborn Care (BEmONC) separately, for a) Physicians and b) Nurses, and post
training evaluation (PTE) Methodology under the Subnational Initiative Project, Phase 2. under an Agreement
for Performance of Work (APW) contract.

3.2 Characteristics of the provider

3.2.1 Status
The Contractor shall be a [☐ for profit][☒ not for profit] institution operating in the field of Public Health with
Specialization in Maternal and Newborn Health, Health Systems or Health Development and Management.

3.2.2 Accreditations
An accreditation (RMNCAH expert, Social Marketing expert, Information Technology expert and Health related
training trainer ) or an on-going accreditation process by a certified accreditation body ☒ is required
(mandatory) ☒ would be an asset (desirable).

3.2.3 Previous experience


Mandatory:
• Proven experience in the field of delivering or developing training design modules or manuals.
• Previous work with WHO, other international organizations and/or major institutions in the field of
training consultant, training facilitator, training coordinator;

Desirable:
• Experience in… training consultant, training facilitator, training coordinator

3.2.4 Staffing
The selected contractor is expected to dedicate the following human resources to the project:

• A project manager of an adequate level of qualification and experience (please attach resume to your
proposal) shall be dedicated to the project.
• The designated project manager that should be the same all along implementation, including
consideration in contingency plans in case the focal point is absent.
• Sufficient capacity and knowledge is required to cover the following areas of expertise:
o Adequate technical knowledge to behaviour change work …
o Adequate technical knowledge in delivering behavioural design interventions, behavioural
research, communications, monitoring and evaluation, and project coordination.…
• WHO pays utmost attention to the level of qualification and experience of the individuals involved, and
to continuity in the services. The profiles (no individual names required) of the personnel proposed for
these services should be included in the technical proposal.
• All staff with full professional working proficiency/native or bilingual proficiency in English.

The bidder is expected to outline the roles and responsibilities of those staff in the technical proposal.
Activities will be carried in normal working hours of the Philippines time zone.

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3.3 Work to be performed

In coordination with WHO Philippines the APW provider is expected to develop an online training module with detailed
operational instructions on the implementation on Basic Emergency Obstetric and Newborn Care (BeMONC) for a team
of doctor, nurse and midwife, incorporated within, is an extensive course on Essential Intrapartum and Newborn Care
(EINC). The module must suit the new normal set-up brought about by the protracted COVID-19 pandemic. This is aimed
to enhance the skills of birthing attendants (Doctors, nurses and midwives) in assessing and managing conditions,
complications and emergencies related to pregnancy, childbirth, puerperium and newborn care and how to appropriately
refer as needed to more equipped or more capable facilities within the health care provider network (HCPN) amidst this
pandemic and through the new normal situation. The training module to be developed should also incorporate detailed
operational instructions on the implementation of the training of BEmONC.

3.3.1 Key requirements


Output 1. Accurate and time-bound, properly costed activities related to the APW is identified.
Deliverable 1.1: Work and financial plan with detailed budget and timelines for the full APW period.
Deliverable 1.2: List of references and reference materials for additional readings, partner institutions and persons
responsible fully identified and submitted, with the WFP.
Deliverable 1.3: Comprehensive Inception Report.

Output 2. Online training module with detailed operational instruction, for Basic Emergency on Obstetric and Newborn
Care (BeMONC) + Essential Intrapartum and Newborn Care (EINC) Teams, developed, complete with post-test per
module where participants will be unable to proceed to the next session without hitting a passing mark in that previous
session. Online training should be pilot tested in at least 1 online batch. Any comments and feedback from the pilot
training reviewed and necessary revisions incorporated
Deliverable 2.1: BEmONC + EINC face-to-face for Teams, classroom type Training transformed into an online course,
and pilot tested.
Deliverable 2.2: Documented feedback, comments, and suggestions from virtual participants, with actions taken and
revisions undertaken based on the suggestions or feedback

Note: The APW partner to be contracted for this module development should involve BEmONC Trainers from DOH-
recognized training centers, Professional Regulation Commission, and specialty societies in the development
process of the training module, and in the conduct of the online and clinical skills training, of the pilot training.

Participants to the pilot training should include 50% technical experts (BEmONC trainers) , and 50% with basic knowledge
of the course.

Output 3. Operational details on the implementation of the eModule, and the clinical skills training part, aligned or
designed to suit the “new normal”, or feasible to undertake during situations of pandemics or disasters.
Deliverable 3.1: Post training evaluation design that is designed to be carried out in a way that pathogen transmission
is maintained to the lowest if at all, and that can be implemented during any emergency or disaster situation.
Deliverable 3.2: Operational instruction on training implementation with documented feedback or suggestions, with its
revision or which is redesigned accordingly.

Note: BEmONC trainers and DOH offices should be consulted and involved in the development of the operational details
for a standardized implementation process.

Output 4: Detailed implementation plan/strategies, for a highly acceptable training quality assurance.
Deliverable 4.1: Strategic implementation of the blended learning course, to include process of integration of capacity
building per cadre of HSPs (physicians and nurses).
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Deliverable 4.2: Process of certification or licensing for centers that will avail of the alternative blended learning course.
Deliverable 4.3: Process of updating the modules of each cadre.

Output 5. Submitted final technical and financial report related to the APW.
Deliverable 5.1: Comprehensive narrative report on what transpired during the development of the online training course,
with the pilot test and peer review described in detail. The final technical report should include the problems, issues or
gaps encountered and the recommendations and ways forward in the utilization of the product/s.
Deliverable 5.2: Financial report which should include a matrix which describes the proposed budget, actual expenses,
any alteration in the budget utilization, percent of discrepancy between proposed budget versus the actual expenditure,
per item, and explanations for the difference/discrepancy.
3.3.2 Place of performance
Manila, Philippines

3.3.3 Timelines
22 August 2022 to 22 December 2022

3.3.4 Reporting requirements


The project manager of the selected contractor will be expected to provide an updated status in a written
format on a weekly basis.
Formal reporting (by VC and in the format of a technical report) is expected upon delivery of each deliverable
(see above).
Additional reporting activities may be requested by WHO, or initiated by the project manager on a need basis.

3.3.5 Performance monitoring


The Contractor will be evaluated on:
. their capacity to deliver products of an optimal technical quality within the agreed timelines;
. the control of the costs;
. their proper and smooth project management (including communication with the Technical Officer, the
Project Lead and any other stakeholder);
. their service orientation and responsiveness to WHO’s needs and expectations.

3.3.6 Further capacities


__________

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4. INSTRUCTIONS TO BIDDERS

Bidders should follow the instructions set forth below in the submission of their proposal to WHO:

WHO will not be responsible for any proposal which does not follow the instructions in this RFP,
including this Section 4, and may, at its discretion, reject any such non-complaint proposal.

4.1 Language of the Proposal and other Documents

The proposal prepared by the bidder, and all correspondence and documents relating to the proposal
exchanged by the bidder and WHO shall be written in the English language.

4.2 Intention to Bid

No later than 15/August/2022 the bidder shall complete and return by email to WHO to the following address:
cheny@who.int and wpphlwr@who.int.

1. The RFP RMNCAH-001-2022 Acknowledgement form, attached hereto as Annex 1, signed as


confirmation of the bidder's intention to submit a bona fide proposal and designate its representative to whom
communications may be directed, including any addenda; and
2. The RFP RMNCAH-001-2022 Confidentiality Undertaking form, attached hereto as Annex 2, signed;
3. The Self-Declaration form, attached hereto as Annex 6, signed.

These forms are confirming the bidder’s intention to submit a bona fide proposal and designating a
representative to whom communications may be directed, including any addenda.

WHO reserves the right to reject proposals from bidders who have not submitted the above-listed forms in
accordance with this section.

4.3 Cost of Proposal

The bidder shall bear all costs associated with the preparation and submission of the proposal, including but
not limited to the possible cost of discussing the proposal with WHO, making a presentation, negotiating a
contract and any related travel.
WHO will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the
selection process.

4.4 Contents of the Proposal

☒ Option 1: Proposals must offer the total requirement. Proposals offering only part of the requirement may
be rejected.

☐ Option 2: Proposals may offer the total requirement or only part thereof. The bidder shall indicate precisely
which specific part of the requirement it intends to provide by completing Proposal Completeness form,
attached hereto as Annex 3.

The bidder is expected to follow the proposal structure described in paragraph “Proposal Structure” below and
otherwise comply with all instructions, terms and specifications contained in, and submit all forms required
pursuant to, this RFP. Failure to follow the aforesaid proposal structure, to comply with the aforesaid
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instructions, terms and specifications, and/or to submit the aforesaid forms will be at the bidder’s risk and may
affect the evaluation of the proposal.

4.5 Joint Proposal

Two or more entities may form a consortium and submit a joint proposal offering to jointly undertake the work.
Such a proposal must be submitted in the name of one member of the consortium - hereinafter the “lead
organization". The lead organization will be responsible for undertaking all negotiations and discussions with,
and be the main point of contact for, WHO. The lead organization and each member of the consortium will be
jointly and severally responsible for the proper performance of the contract.

4.6 Communications during the RFP Period

A prospective bidder requiring any clarification on technical, contractual or commercial matters may notify
WHO via email at the following address no later than Date: 15 August 2022:

Email for submissions of all queries:wpphlwr@who.int


(use subject: Bid Ref. RMNCAH-001-2022 )

The RMNCAH, WHO Philippines Team at WHO will respond in writing (via email only) to any request for
clarification of the RFP that it receives by the deadline indicated above. A consolidated document of WHO's
responses to all questions (including an explanation of the query but without identifying the source of enquiry)
will be sent to all prospective bidders who have received the RFP. Questions are to be submitted following
the format of the form "Questions from Bidders", attached hereto as Annex 4.

There shall be no individual presentation by or meeting with bidders until after the closing date for submission
of proposals. From the date of issue of this RFP to the final selection, contact with WHO officials concerning
the RFP process shall not be permitted, other than through the submission of queries and/or through a
possible presentation or meeting called for by WHO, in accordance with the terms of this RFP.

4.7 Submission of Proposals

The bidder shall submit the complete proposal to WHO no later than 15/08/2022 at 17:00 hours
Philippines time (“the Closing Date for Submission of Proposals”), as follows:

☒ Option 1: by E-mail at the following address: wpphlwr@who.int

☐ Option 2: send [number] hard copies, labelled "Master Copy" and "Copy” and [number] USB key(s) to the
following address:
Office [Office Number]
Bid Ref: RMNCAH-001-2022
Attn: [Name]
World Health Organization
[Location]

The bidder must ensure that the content of all copies is identical. If at any time a difference is discovered
between any copies of the proposal then the "Master Copy" will prevail as the official copy.

Each proposal should be prepared in two distinct parts: the technical proposal and the financial offer.
Each proposal must include the signed Proposal Completeness Form (attached hereto as Annex 3) and
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supporting documents, as well as the signed Acceptance Form (attached hereto as Annex 5).

Each proposal shall be marked Bid Ref: RMNCAH-001-2022 and be signed by a person or persons duly
authorized to represent the bidder, submit a proposal and bind the bidder to the terms of the RFP.

A proposal shall contain no interlineations, erasures, or overwriting except, as necessary to correct errors
made by the bidder, in which case such corrections shall be initialled by the person or persons signing the
proposal.

It shall be the Bidder’s responsibility to obtain a confirmation of receipt by WHO of the signed
Acknowledgement form (see section “Intention to Bid” 4.24.2 above) and the proposal, marking in particular
the Bid Reference number and the date and time of receipt by WHO.

WHO may, at its own discretion, extend the closing date for the submission of proposals by notifying all bidders
thereof in writing.

Any proposal received by WHO after the closing date for submission of proposals will be rejected.

WHO may, at its discretion, reject late bids. Bidders are therefore advised to ensure that they have
taken all steps to submit their proposals in advance of the above closing date and time.

4.8 Period of Validity of Proposals

The offer outlined in the proposal must be valid for a minimum period of 180 calendar days after the closing
date for submission of proposals. A proposal valid for a shorter period may be rejected by WHO. In exceptional
circumstances, WHO may solicit the bidder’s consent to an extension of the period of validity. The request
and the responses thereto shall be made in writing. Any bidder granting such an extension will not, however,
be permitted to otherwise modify its proposal.

4.9 Modification and Withdrawal of Proposals

The bidder may withdraw its proposal any time after the proposal’s submission and before the closing date
for submission of proposals, provided that written notice of the withdrawal is received by WHO via email or
mail as provided in section 4.7 above, prior to the Closing Date for Submission of Proposals.

No proposal may be modified after the closing date for submission of proposals, unless WHO has issued an
amendment to the RFP allowing such modifications (see section 4.11 “Amendment of the RFP”).

No proposal may be withdrawn in the interval between the closing date and the expiration of the period of
proposal validity specified by the bidder in the proposal in accordance with section 4.8 “Period of Validity of
Proposals”.

4.10 Receipt of Proposals from Non-invitees

WHO may, at its own discretion, if it considers this necessary and in the interest of the Organization, extend
the RFP to bidders that were not included in the original invitation list.

4.11 Amendment of the RFP

WHO may, at any time before the closing date, for any reason, whether on its own initiative or in response to
a clarification requested by a (prospective) bidder, modify the RFP by written amendment. Amendments could,

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inter alia, include modification of the project scope or requirements, the project timeline expectations and/or
extension of the closing date for submission of proposals.

All prospective bidders that have received the RFP will be notified in writing of all amendments to the RFP
and will, where applicable, be invited to amend their proposal accordingly.

4.12 Proposal Structure

The contents of the bidder's proposal should be concisely presented and structured in the following order to
include, but not necessarily be limited to, the information listed in sections 4.12.1to 4.12.6.

Any information which the bidder considers confidential, should be clearly marked confidential.

4.12.1 Acceptance Form


The bidder's proposal must be accompanied by the Acceptance Form (see Annex 5, attached) signed by a
duly authorized representative of the bidder and stating:

• That the bidder undertakes on its own behalf and on behalf of its possible partners and contractors
to perform the work in accordance with the terms of the RFP;
• The total cost of the proposal, indicating the United Nations convertible currency used1 (preferably
US Dollars);
• The number of days the proposal is valid (from the date of the form) in accordance with section 4.8
“Period of Validity of Proposals”.

4.12.2 Executive Summary


The bidder's proposal must be accompanied by an Executive Summary (of 10 pages maximum) introducing
the proposed solution and approach / methodology.

4.12.3 Approach/Methodology
Bidders are invited to describe the methodology of work that will be adopted in the various stages of the
workplan, and their proposed approach to satisfy WHO’s expectations (in line with Requirements detailed
under Chapter 3 above) including performance indicators and quality control methods.

4.12.4 Proposed Solution

4.12.5 Proposed Time line


A Timeline project plan following the timelines indicated under 3.3.3 above should be presented either in MS
Project MPP, XLS or PDF format.

4.12.6 Financial Proposal


The financial proposal is expected to provide a total price and breakdown per phase and per area of expertise.
Please refer to Annex 5.

1
https://treasury.un.org/operationalrates/default.php
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4.13 Conduct and Exclusion of Bidders

All bidders must adhere to the UN Supplier Code of Conduct, which is available on the WHO procurement
website at the following link: http://www.who.int/about/finances-accountability/procurement/en/

In addition, bidders must submit a signed Self Declaration form, attached hereto as Annex 6.

Bidders will be excluded if:

- they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into
an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning
those matters, or are in any analogous situation arising from a similar procedure provided for in national
legislation or regulations;

- they or persons having powers of representation, decision making or control over them have been the subject
of a final judgment or of a final administrative decision for fraud, corruption, involvement in a criminal
organization, money laundering, terrorist-related offences, child labour or trafficking in human beings;

- they or persons having powers of representation, decision making or control over them have been the subject
of a final judgment or of a final administrative decision for financial irregularity(ies);

- it becomes apparent to WHO that they are guilty of misrepresentation in supplying, or if they fail to supply,
the information required under this RFP and/or as part of the bid evaluation process;

- they have a conflict of interest, as determined by WHO in its sole discretion; or

- they are, or have found to be, in violation of any standard of conduct as described in the WHO Policies,
referred to in section 7.33 of this RFP.

WHO may decide to exclude bidders for other reasons.

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5. EVALUATION OF PROPOSALS

After the closing date for submission of proposals, WHO will open the proposals received in a timely
manner.

There will be no public bid opening.

5.1 Preliminary Examination of Proposals

WHO will examine the proposals to determine whether they are complete, whether any computational errors
have been made, whether the documents have been properly signed, and whether the proposals are
generally in order. Proposals which are not in order as aforesaid may be rejected.

Please note that WHO is not bound to select any bidder and may reject all proposals. Furthermore,
since a contract would be awarded in respect of the proposal which is considered most responsive to the
needs of the project concerned, due consideration being given to WHO’s general principles, including
economy and efficiency, WHO does not bind itself in any way to select the bidder offering the lowest price.

5.2 Clarification of Proposals

WHO may, at its discretion, ask any bidder for clarification of any part of its proposal. The request for
clarification and the response shall be in writing. No change in price or substance of the proposal shall be
sought, offered or permitted during this exchange.

5.3 Evaluation of Proposals

The following procedure will be utilized in evaluating the proposals, with technical evaluation of the proposal
being completed prior to any focus on or comparison of price.

The evaluation panel will evaluate the technical merits of all the proposals which have passed the
Preliminary Examination of proposals based on the following weighting:

Technical Weighting: 70 % of total evaluation


Financial Weighting: 30 % of total evaluation

The technical evaluation of the proposals will include:

• the extent to which WHO's requirements and expectations have been satisfactorily addressed;
• the quality of the overall proposal;
• the appropriateness of the proposed approach;
• the quality of the technical solution proposed;
• the manner in which it is proposed to manage and staff the project;
• the experience of the firm in carrying out related projects;
• the qualifications and competence of the personnel proposed for the assignment; and
• the proposed timeframe for the project; and
• the presentation performance.

The number of points which can be obtained for each evaluation criterion is specified below and indicates
the relative significance or weight of the item in the overall evaluation process.

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A minimum of [70] points is required to pass the technical evaluation.

Addressing of WHO’s requirements and expectations 10


Quality of the overall proposal 15
Appropriateness of the proposed approach 15
Quality of the technical solution proposed 20
Managing and staffing of the project 10
Experience of the firm in carrying out related project 10
Qualifications and competence of the personnel proposed 10
for the assignment
Proposed timeframe for the project 5
Presentation performance 5
TOTAL 100

The scoring scale system was defined as follows:

Criteria evaluated Based on the following supporting evidence: Corresponds to


as: the score of:
Excellent Excellent evidence of ability to exceed contract requirements 100%
Good Good evidence of ability to exceed contract requirements 90%
Satisfactory Satisfactory evidence of ability to support contract requirements 70%
Poor Marginally acceptable or weak evidence of ability to support 40%
contract
Very Poor Lack of evidence to demonstrate ability to comply with contract 10%
No submission Information has not been submitted or is unacceptable 0%

During the financial evaluation, the price proposal of all bidders who have passed the technical evaluation
will be compared.

5.4 Bidders' Presentations

WHO may, during the evaluation period, at its discretion, invite selected bidders to supply additional
information on the contents of their proposal (at such bidders' own cost). Such bidders will be asked to give
a presentation of their proposal (possibly with an emphasis on a topic of WHO's choice) followed by a
question and answer session. If required, the presentation will be held at WHO or by tele/videoconference.

NOTE: Other presentations and any other individual contact between WHO and bidders is expressly
prohibited both before and after the closing date for submission of proposals.

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6. AWARD OF CONTRACT

6.1 Award Criteria, Award of Contract

WHO reserves the right to

a) Award the contract to a bidder of its choice, even if its bid is not the lowest;
b) Award separate contracts for parts of the work, components or items, to one or more bidders of its choice,
even if their bids are not the lowest;
c) Accept or reject any proposal, and to annul the solicitation process and reject all proposals at any time
prior to award of contract, without thereby incurring any liability to the affected bidder or bidders and without
any obligation to inform the affected bidder or bidders of the grounds for WHO's action;
d) Award the contract on the basis of the Organization’s particular objectives to a bidder whose proposal is
considered to be the most responsive to the needs of the Organization and the activity concerned;
e) Not award any contract at all.

WHO has the right to eliminate bids for technical or other reasons throughout the evaluation/selection
process. WHO shall not in any way be obliged to reveal, or discuss with any bidder, how a proposal was
assessed, or to provide any other information relating to the evaluation/selection process or to state the
reasons for elimination to any bidder.

NOTE: WHO is acting in good faith by issuing this RFP. However, this document does not oblige WHO
to contract for the performance of any work, nor for the supply of any products or services.

6.2 WHO's Right to modify Scope or Requirements during the Evaluation/Selection Process

At any time during the evaluation/selection process, WHO reserves the right to modify the scope of the
work, services and/or goods called for under this RFP. WHO shall notify the change to only those bidders
who have not been officially eliminated due to technical reasons at that point in time.

6.3 WHO's Right to Extend/Revise Scope or Requirements at Time of Award

WHO reserves the right at the time of award of contract to extend, reduce or otherwise revise the scope of
the work, services and/or goods called for under this RFP without any change in the base price or other
terms and conditions offered by the selected bidder.

6.4 WHO's Right to enter into Negotiations

WHO also reserves the right to enter into negotiations with one or more bidders of its choice, including but
not limited to negotiation of the terms of the proposal(s), the price quoted in such proposal(s) and/or the
deletion of certain parts of the work, components or items called for under this RFP.

6.5 Signing of the Contract

Within 30 days of receipt of the contract, the successful bidder shall sign and date the contract and return
it to WHO according to the instructions provided at that time. If the bidder does not accept the contract
terms without changes, then WHO has the right not to proceed with the selected bidder and instead contract
with another bidder of its choice.

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6.6 Publication of Contract

WHO reserves the right, subject to considerations of confidentiality to acknowledge the existence of the
Contract to the public and publish and/or otherwise publicly disclose the Contractor’s name and country of
incorporation, general information with respect to the work described herein and the Contract value. Such
disclosure will be made in accordance with WHO’s Information Disclosure Policy and shall be consistent
with the terms of the Contract.

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7. GENERAL AND CONTRACTUAL CONDITIONS

The contract between WHO and the selected bidder ("the Contract") will, unless otherwise explicitly agreed
in writing, include the provisions as set forth in this section, and will otherwise inter alia address the following
issues:

• responsibilities of the selected bidder(s) ("the Contractor(s)") and WHO;


• clear deliverables, timelines and acceptance procedures;
• payment terms tied to the satisfactory performance and completion of the work;
• notices.

The prices payable by WHO for the work to be performed under the Contract shall be fixed for the duration
of the Contract and shall be in a UN convertible currency (preferably US Dollars), based on the UN
exchange rate of the date of invoice. The total amount payable by WHO under the Contract may be either
a lump sum or a maximum amount. If the option for payment of a lump sum applies, that lump sum is
payable in the manner provided, subject to satisfactory performance of the work. If the option for payment
of a maximum amount applies:
- the Contract shall include a detailed budget;
- the Contractor shall be held to submit a financial statement together with each invoice;
- any advance payments by WHO shall be used by the Contractor exclusively for the work in
accordance with the budget and any unspent balance shall be refunded to WHO;
- payment by WHO shall be subject to satisfactory performance and the acceptance of the
Contractor's financial statements;
- to the extent the Contractor is required to purchase any goods and/or services in connection with
its performance of the Contract, the Contractor shall ensure that such goods and/or services shall
be procured in accordance with the principle of best value for money. "Best value for money" means
the responsive offer that is the best combination of technical specifications, quality and price; and
- consistent with section 7.3,(Audit and Access), all financial reports shall be subject to audit by or on
behalf of WHO, including examination of supporting documentation and relevant accounting entries
in the Contractor's books. In order to facilitate financial reporting and audit, the Contractor shall keep
systematic and accurate accounts and records in respect of the work.

Unless otherwise specified in the Contract, WHO shall have no obligation to purchase any minimum
quantities of goods or services from the Contractor, and WHO shall have no limitation on its right to obtain
goods or services of the same kind, quality and quantity as described in the Contract, from any other
sources at any time.

Unless otherwise specified in the Contract, in the event that the Contract is a Long-Term Agreement (“LTA”),
the Contractor shall offer the same prices and terms as those agreed with WHO under the Contract to other
interested United Nations system agencies and to organizations eligible to purchase through WHO, it being
understood that each such agency and organization will be responsible for independently entering into and
administering its own contract with the Contractor. The Contractor shall take into account the additional
quantities of services purchased by all United Nations system agencies and other organizations as
aforesaid to further reduce the prices for WHO and such other agencies and organizations.

7.1 Conditions of Contract

Any and all of the Contractor's (general and/or special) conditions of contract are hereby explicitly excluded
from the Contract, i.e., regardless of whether such conditions are included in the Contractor's offer, or
printed or referred to on the Contractor's letterhead, invoices and/or other material, documentation or
communications.

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7.2 Responsibility

The Contractor will be responsible to ensure that the work performed under the Contract meets the agreed
specifications and is completed within the time prescribed.

7.3 Audit and Access

WHO may request a financial and operational review or audit of the work performed under the Contract, to
be conducted by WHO and/or parties authorized by WHO, and the Contractor undertakes to facilitate such
review or audit. This review or audit may be carried out at any time during the implementation of the work
performed under the Contract, or within five years of completion of the work. In order to facilitate such
financial and operational review or audit, the Contractor shall keep accurate and systematic accounts and
records in respect of the work performed under the Contract.

The Contractor shall make available, without restriction, to WHO and/or parties authorized by WHO:

(i) the Contractor’s books, records and systems (including all relevant financial and operational
information) relating to the Contract; and

(ii) reasonable access to the Contractor’s premises and personnel.

The Contractor shall provide satisfactory explanations to all queries arising in connection with the
aforementioned audit and access rights.

WHO may request the Contractor to provide complementary information about the work performed under
the Contract that is reasonably available, including the findings and results of an audit (internal or external)
conducted by the Contractor and related to the work performed under the Contract.

7.4 Source of Instructions

The Contractor shall neither seek nor accept instructions from any authority external to WHO in connection
with the performance of the work under the Contract. The Contractor shall refrain from any action which
may adversely affect WHO and shall fulfil its commitments with the fullest regard to the interests of WHO.

7.5 Warranties

The Contractor warrants and represents to WHO as follows:


1) The deliverables shall meet the specifications called for in the Contract and shall be fully adequate
to meet their intended purpose. The Contractor furthermore warrants that the deliverables shall be error-
free. The Contractor shall correct any errors in the deliverables, free of charge, within fifteen days after their
notification to the Contractor, during a period of at least one year after completion of the work. It is agreed,
however, that errors and other defects which have been caused by modifications to the deliverables made
by WHO without agreement of the Contractor are not covered by this paragraph.
2) The deliverables shall, to the extent they are not original, only be derived from, or incorporate,
material over which the Contractor has the full legal right and authority to use it for the proper
implementation of the Contract. The Contractor shall obtain all the necessary licenses for all non-original
material incorporated in the deliverables (including, but not limited to, licenses for WHO to use any
underlying software, application, and operating deliverables included in the deliverables or on which it is
based so as to permit WHO to fully exercise its rights in the deliverables without any obligation on WHO’s
part to make any additional payments whatsoever to any party.
3) The deliverables shall not violate any copyright, patent right, or other proprietary right of any third
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party and shall be delivered to WHO free and clear of any and all liens, claims, charges, security interests
and any other encumbrances of any nature whatsoever.
4) The Contractor, its employees and any other persons and entities used by the Contractor shall not
violate any intellectual property rights, confidentiality, right of privacy or other right of any person or entity
whomsoever.
5) Except as otherwise explicitly provided in the Contract, the Contractor shall at all times provide all
the necessary on-site and off-site resources to meet its obligations hereunder. The Contractor shall only
use highly qualified staff, acceptable to WHO, to perform its obligations hereunder.
6) The Contractor shall take full and sole responsibility for the payment of all wages, benefits and
monies due to all persons and entities used by it in connection with the implementation and execution of
the Contract, including, but not limited to, the Contractor’s employees, permitted subcontractors and
suppliers.

Contractor furthermore warrants and represent that the information provided by it to WHO in response to
the RFP and during the bid evaluation process is accurate and complete. Contractor understands that in
the event Contractor has failed to disclose any relevant information which may have impacted WHO's
decision to award the Contract to Contractor, or has provided false information, WHO will be entitled to
rescind the contract with immediate effect, in addition to any other remedies which WHO may have by
contract or by law.

7.6 Legal Status

The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis WHO,
and nothing contained in or relating to the Contract shall be construed as establishing or creating an
employer/employee relationship between WHO, on the one hand, and the Contractor or any person used
by the Contractor in the performance of the work, on the other hand.

Thus the Contractor shall be solely responsible for the manner in which the work is carried out. WHO shall
not be responsible for any loss, accident, damage or injury suffered by the Contractor or persons or entities
claiming under the Contractor, arising during or as a result of the implementation or execution of the
Contract, including travel, whether sustained on WHO premises or not.

The Contractor shall obtain adequate insurance to cover such loss, accident, injury and damage, before
commencing work on the Contract. The Contractor shall be solely responsible in this regard and shall
handle any claims for such loss, accident, damage or injury.

7.7 Relation Between the Parties

Nothing in the Contract shall be deemed to constitute a partnership between the Parties or to constitute
either Party as the agent of the other.

7.8 No Waiver

The waiver by either Party of any provision or breach of the Contract shall not prevent subsequent
enforcement of such provision or excuse further breaches.

7.9 Liability

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The Contractor hereby indemnifies and holds WHO harmless from and against the full amount of any and
all claims and liabilities, including legal fees and costs, which are or may be made, filed or assessed against
WHO at any time and based on, or arising out of, breach by the Contractor of any of its representations or
warranties under the Contract, regardless of whether such representations and warranties are explicitly
incorporated here in or are referred to in any attached Appendices.

7.10 Assignment

The Contractor shall not assign, transfer, pledge or make any other disposition of the Contract or any part
thereof, or any of the Contractor's rights, claims or obligations under the Contract except with the prior
written consent of WHO.

7.11 Indemnification

The Contractor shall indemnify and hold WHO harmless, from and against the full amount of any and all
claims and liabilities, including legal fees and costs, which are or may be made, filed or assessed against
WHO at any time and based on, or arising out of, the acts or omissions of the Contractor, or the Contractor's
employees, officers, agents, partners or sub-contractors, in the performance of the Contract. This provision
shall extend, inter alia, to claims and liabilities in the nature of workmen's compensation, product liability
and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual
property by the Contractor, its employees, officers, agents, servants, partners or sub-contractors.

7.12 Contractor's Responsibility for Employees

The Contractor shall be responsible for the professional and technical competence of its employees and
will select, for work under the Contract, reliable individuals who will perform effectively in the implementation
of the Contract, respect the local laws and customs, and conform to a high standard of moral and ethical
conduct.

7.13 Subcontracting

Any intention to subcontract aspects of the Contract must be specified in detail in the proposal submitted.
Information concerning the subcontractor, including the qualifications of the staff proposed for use must be
covered with same degree of thoroughness as for the prime contractor. No subcontracting will be permitted
under the Contract unless it is proposed in the initial submission or formally agreed to by WHO at a later
time. In any event, the total responsibility for the Contract remains with the Contractor.

The Contractor shall be responsible for ensuring that any and all subcontracts shall be fully consistent with
the Contract, and shall not in any way prejudice the implementation of any of its provisions.

7.14 Place of Performance

The place of performance of the work under the Contract shall be as mentioned in section 0 above.

7.15 Language

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All communications relating to the Contract and/or the performance of the work thereunder shall be in
English.

7.16 Confidentiality
1) Except as explicitly provided in the Contract, the Contractor shall keep confidential all
information which comes to its knowledge during, or as a result of, the implementation and execution of the
Contract. Accordingly, the Contractor shall not use or disclose such information for any purpose other than
the performance of its obligations under the Contract. The Contractor shall ensure that each of its
employees and/or other persons and entities having access to such information shall be made aware of,
and be bound by, the obligations of the Contractor under this paragraph. However, there shall be no
obligation of confidentiality or restriction on use, where: (i) the information is publicly available, or becomes
publicly available, otherwise than by any action or omission of the Contractor, or (ii) the information was
already known to the Contractor (as evidenced by its written records) prior to becoming known to the
Contractor in the implementation and execution of the Contract; or (iii) the information was received by the
Contractor from a third party not in breach of an obligation of confidentiality.
2) The Contractor, its employees and any other persons and entities used by the Contractor
shall furthermore not copy and/or otherwise infringe on copyright of any document (whether machine-
readable or not) to which the Contractor, its employees and any other persons and entities used by the
Contractor have access in the performance of the Contract.
3) The Contractor may not communicate at any time to any other person, Government or
authority external to WHO, any information known to it by reason of its association with WHO which has
not been made public except with the authorization of WHO; nor shall the Contractor at any time use such
information to private advantage.

7.17 Title Rights

1) All rights pertaining to any and all deliverables under the Contract and the original work
product leading thereto, as well as the rights in any non-original material incorporated therein as referred
to in section 7.5 2) above, shall be exclusively vested in WHO.
2) WHO reserves the right to revise the work, to use the work in a different way from that
originally envisaged or to not use the work at all.
3) At WHO's request, the Contractor shall take all necessary steps, execute all necessary
documents and generally assist WHO in securing such rights in compliance with the requirements of
applicable law.

7.18 Termination and Cancellation

WHO shall have the right to cancel the Contract (in addition to other rights, such as the right to claim
damages):

1) In the event the Contractor fails to begin work on the date agreed, or to implement the work in
accordance with the terms of the Contract; or
2) In the event the progress of work is such that it becomes obvious that the obligations undertaken by
the Contractor and, in particular, the time for fulfilment of such obligations, will not be respected.
In addition, WHO shall be entitled to terminate the Contract (or part thereof), in writing:
1. At will with the provision of thirty (30) days prior notice in writing; and
2. With immediate effect (in addition to other rights, such as the right to claim damages), if, other than
as provided above, the Contractor is:

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a. In breach of any of its material obligations under the Contract and fails to correct such breach within
a period of thirty (30) days after having received a written notification to that effect from WHO; or
b. Adjudicated bankrupt or formally seeks relief of its financial obligations.

7.19 Force Majeure

No party to the Contract shall be responsible for a delay caused by force majeure, that is, a delay caused
by reasons outside such party's reasonable control it being agreed, however, that WHO shall be entitled to
terminate the Contract (or any part of the Contract) forthwith if the implementation of the work is delayed or
prevented by any such reason for an aggregate of thirty (30) days. Such termination shall be subject to
payment of an equitable part of the Contract sum and/or other reasonable charges. In the event of such
termination, the Contractor shall, in accordance with the ownership rights referred to in section 7.17 (Title
Rights), deliver to WHO all work products and other materials so far produced.

In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the
Contractor shall give notice and full particulars in writing to WHO, of such occurrence or change if the
Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its
responsibilities under the Contract. The Contractor shall also notify WHO of any other changes in conditions
or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract.
The notice shall include steps proposed by the Contractor to be taken including any reasonable alternative
means for performance that is not prevented by force majeure. On receipt of the notice required under this
section, WHO shall take such action as it, in its sole discretion, considers to be appropriate or necessary in
the circumstances, including the granting to the Contractor of a reasonable extension of time in which to
perform its obligations under the Contract.

7.20 Surviving Provisions

Those rights and obligations of the Parties as set forth in sections 7 and 8 that are intended by their nature
to survive the expiration or earlier termination of the Contract shall survive indefinitely. This includes, but
is expressly not limited to, any provisions relating to WHO's right to financial and operational audit,
conditions of contract, warranties, legal status and relationship between the parties, breach, liability,
indemnification, subcontracting, confidentiality, title rights, use of the WHO name and emblem, successors
and assignees, insurance and liabilities to third parties, settlement of disputes, observance of laws,
privileges and immunities, no terrorism or corruption, foreign nationals and compliance with WHO policies.

7.21 Use of WHO name and emblem

Without WHO’s prior written approval, the Contractor shall not, in any statement or material of an advertising
or promotional nature, refer to the Contract or the Contractor’s relationship with WHO, or otherwise use the
name (or any abbreviation thereof) and/or emblem of the World Health Organization.

7.22 Publication of Contract

Subject to considerations of confidentiality, WHO may acknowledge the existence of the Contract to the
public and publish and/or otherwise publicly disclose the Contractor’s name and country of incorporation,
general information with respect to the work described herein and the Contract value. Such disclosure will
be made in accordance with WHO’s Information Disclosure Policy and shall be consistent with the terms of
the Contract.

7.23 Successors and Assignees


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The Contract shall be binding upon the successors and assignees of the Contractor and the Contract shall
be deemed to include the Contractor’s successors and assignees, provided, however, that nothing in the
Contract shall permit any assignment without the prior written approval of WHO.

7.24 Payment

Payment will be made against presentation of an invoice in a UN convertible currency (preferably US Dollars)
in accordance with the payment schedule contained in the Contract, subject to satisfactory performance of
the work. The price shall reflect any tax exemption to which WHO may be entitled by reason of the immunity
it enjoys. WHO is, as a general rule, exempt from all direct taxes, custom duties and the like, and the
Contractor will consult with WHO so as to avoid the imposition of such charges with respect to this contract
and the goods supplied and/or services rendered hereunder. As regards excise duties and other taxes
imposed on the sale of goods or services (e.g. VAT), the Contractor agrees to verify in consultation with WHO
whether in the country where the VAT would be payable, WHO is exempt from such VAT at the source, or
entitled to claim reimbursement thereof. If WHO is exempt from VAT, this shall be indicated on the invoice,
whereas if WHO can claim reimbursement thereof, the Contractor agrees to list such charges on its invoices
as a separate item and, to the extent required, cooperate with WHO to enable reimbursement thereof.

7.25 Title to Equipment

Title to any equipment and supplies that may be furnished by WHO shall remain with WHO and any such
equipment shall be returned to WHO at the conclusion of the Contract or when no longer needed by the
Contractor. Such equipment, when returned to WHO, shall be in the same condition as when delivered to
the Contractor, subject to normal wear and tear. The Contractor shall be liable to compensate WHO for
equipment determined to be damaged or degraded beyond normal wear and tear.

7.26 Insurance and Liabilities to Third Parties

The Contractor shall provide and thereafter maintain:

(i) insurance against all risks in respect of its property and any equipment used for the execution of the
Contract;

(ii) all appropriate workmen's compensation insurance, or its equivalent, with respect to its employees to
cover claims for personal injury or death in connection with the Contract; and

(iii) liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of
or damage to property, arising from or in connection with the performance of the work under the Contract
or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or
its agents, servants, employees, partners or sub-contractors performing work in connection with the
Contract.

Except for the workmen's compensation insurance, the insurance policies under this section shall:

a) Name WHO as additional insured;


b) Include a waiver of subrogation to the insurance carrier of the Contractor's rights against WHO;
c) Provide that WHO shall receive written notice from the Contractor's insurance carrier not less than
thirty (30) days prior to any cancellation or material change of coverage.

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The Contractor shall, upon request, provide WHO with satisfactory evidence of the insurance required under
this section.

7.27 Settlement of Disputes

Any matter relating to the interpretation of the Contract which is not covered by its terms shall be resolved
by reference to Swiss law. Any dispute relating to the interpretation or application of the Contract shall,
unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be
settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed
upon by the parties or, in the absence of agreement, with the rules of arbitration of the International
Chamber of Commerce. The parties shall accept the arbitral award as final.

7.28 Authority to Modify

No modification or change of the Contract, no waiver of any of its provisions or any additional contractual
relationship of any kind shall be valid and enforceable unless signed by a duly authorized representative of
both parties.

7.29 Privileges and Immunities

Nothing in or relating to the Contract shall be construed as a waiver of any of the privileges and immunities
enjoyed by WHO under national or international law, and/or as submitting WHO to any national court
jurisdiction.

7.30 Anti-Terrorism and UN Sanctions; Fraud and Corruption

The Contractor warrants for the entire duration of the Contract that:

(i) it is not and will not be involved in, or associated with, any person or entity associated with terrorism,
as designated by any UN Security Council sanctions regime, that it will not make any payment or provide
any other support to any such person or entity and that it will not enter into any employment or
subcontracting relationship with any such person or entity;

(ii) it shall not engage in any illegal, corrupt, fraudulent, collusive or coercive practices (including bribery,
theft and other misuse of funds) in connection with the execution of the Contract; and

(iii) the Contractor shall take all necessary precautions to prevent the financing of terrorism and/or any
illegal corrupt, fraudulent, collusive or coercive practices (including bribery, theft and other misuse of funds)
in connection with the execution of the Contract.

Any payments used by the Contractor for the promotion of any terrorist activity or any illegal, corrupt,
fraudulent, collusive or coercive practice shall be repaid to WHO without delay.

7.31 Ethical Behaviour

WHO, the Contractor and each of the Contractor’s partners, subcontractors and their employees and agents
shall adhere to the highest ethical standards in the performance of the Contract. .In this regard, the
Contractor shall also ensure that neither the Contractor nor its partners, subcontractors, agents or
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Country/Unit Name RMNCAH, WHO Philippines

employees will engage in activities involving child labour, trafficking in arms, promotion of tobacco or other
unhealthy behaviour, or sexual exploitation and abuse.

7.32 Officials not to Benefit

The Contractor warrants that no official of WHO has received or will be offered by the Contractor any direct
or indirect benefit arising from the Contract or the award thereof.

7.33 Compliance with WHO Codes and Policies

By entering into the Contract, the Contractor acknowledges that it has read, and hereby accepts and agrees
to comply with, the WHO Policies (as defined below).

In connection with the foregoing, the Contractor shall take appropriate measures to prevent and respond to
any violations of the standards of conduct, as described in the WHO Policies, by its employees and any
other persons engaged by the Contractor to perform any services under the Contract.

Without limiting the foregoing, the Contractor shall promptly report to WHO, in accordance with the terms
of the applicable WHO Policies, any actual or suspected violations of any WHO Policies of which the
Contractor becomes aware.

For purposes of the Contract, the term “WHO Policies” means collectively: (i) the WHO Code of Ethics and
Professional Conduct; (ii) the WHO Policy on Sexual Exploitation and Abuse Prevention and Response; (iii)
the WHO policy on Preventing and Addressing Abusive Conduct; (iv) the WHO Code of Conduct for responsible
Research; (v) the WHO Policy on Whistleblowing and Protection Against Retaliation; and (vi) the UN
Supplier Code of Conduct, in each case, as amended from time to time and which are publicly available on
the WHO website at the following links: http://www.who.int/about/finances-accountability/procurement/en/
for the UN Supplier Code of Conduct and at http://www.who.int/about/ethics/en/ for the other WHO Policies.

7.34 Zero tolerance for sexual exploitation and abuse

WHO has zero tolerance towards sexual exploitation and abuse. In this regard, and without limiting any
other provisions contained herein:

- each legal entity Contractor warrants that it will: (i) take all reasonable and appropriate measures to
prevent sexual exploitation or abuse as described in the WHO Policy on Sexual Exploitation and
Abuse Prevention and Response by any of its employees and any other persons engaged by it to
perform any services under the Contract; and (ii) promptly report to WHO and respond to, in
accordance with the terms of the Policy, any actual or suspected violations of the Policy of which
the contractor becomes aware; and

- each individual Contractor warrants that he/she will (i) not engage in any conduct that would
constitute sexual exploitation or abuse as described in the WHO Policy on Sexual Exploitation and
Abuse Prevention and Response; and (ii) promptly report to WHO, in accordance with the terms of
the Policy, any actual or suspected violations of the Policy of which the Contractor becomes aware.

7.35 Tobacco/Arms Related Disclosure Statement

The Contractor may be required to disclose relationships it may have with the tobacco and/or arms industry
through completion of the WHO Tobacco/Arms Disclosure Statement. In the event WHO requires
completion of this Statement, the Contractor undertakes not to permit work on the Contract to commence,
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until WHO has assessed the disclosed information and confirmed to the Contractor in writing that the work
can commence.

7.36 Compliance with applicable laws, etc.

The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the performance
of its obligations under the terms of the Contract. Without limiting the foregoing or any other provision of
these General and Contractual Conditions, the Contractor shall at all times comply with and ensure that
each of its partners, subcontractors and their employees and agents comply with, any applicable laws and
regulations, and with all WHO policies and reasonable written directions and procedures from WHO relating
to: (i) occupational health and safety, (ii) security and administrative requirements, including, but not limited
to computer network security procedures, (iii) sexual harassment, (iv) privacy, (v) general business conduct
and disclosure, (vi) conflicts of interest and (vii) business working hours and official holidays.

In the event that the Contractor becomes aware of any violation or potential violation by the Contractor, its
partners, subcontractors or any of their employees or agents, of any laws, regulations, WHO policies or
other reasonable written directions and procedures, the Contractor shall immediately notify WHO of such
violation or potential violation. WHO, in its sole discretion, shall determine the course of action to remedy
such violation or prevent such potential violation, in addition to any other remedy available to WHO under
the Contract or otherwise.

7.37 Breach of Essential Terms

The Contractor acknowledges and agrees that each of the provisions of section 7.30 (Anti-Terrorism and
UN Sanctions; Fraud and Corruption), section 7.31 (Ethical Behaviour), section 7.32 (Officials not to
Benefit), section 7.33 (Compliance with WHO Codes and Policies), and section 7.36 (Zero tolerance for
sexual exploitation and abuse), section 7.35 (Tobacco/Arms Related Disclosure Statement) and section
7.36(Compliance with applicable laws, etc.) hereof constitutes an essential term of the Contract, and that
in case of breach of any of these provisions, WHO may, in its sole discretion, decide to:

(i) terminate the Contract, and/or any other contract concluded by WHO with the Contractor, immediately
upon written notice to the Contractor, without any liability for termination charges or any other liability of any
kind; and/or

(ii) exclude the Contractor from participating in any ongoing or future tenders and/or entering into any
future contractual or collaborative relationships with WHO.

WHO shall be entitled to report any violation of such provisions to WHO’s governing bodies, other UN
agencies, and/or donors.

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8. PERSONNEL

8.1 Approval of Contractor Personnel

WHO reserves the right to approve any employee, subcontractor or agent furnished by the Contractor and
Contractor's consortium partners for the performance of the work under the Contract (hereinafter jointly
referred to as "Contractor Personnel"). All Contractor Personnel must have appropriate qualifications, skills,
and levels of experience and otherwise be adequately trained to perform the work. WHO reserves the right
to undertake an interview process as part of the approval of Contractor Personnel.

The Contractor acknowledges that the qualifications, skills and experience of the Contractor Personnel
proposed to be assigned to the project are material elements in WHO’s engaging the Contractor for the
project. Therefore, in order to ensure timely and cohesive completion of the project, both parties intend that
Personnel initially assigned to the project continue through to project completion. Once an individual has
been approved and assigned to the project, such individual will not, in principle, thereafter be taken off the
project by the Contractor, or reassigned by the Contractor to other duties. Circumstances may arise,
however, which necessitate that Personnel be substituted in the course of the work, e.g. in the event of
promotions, termination of employment, sickness, vacation or other similar circumstances, at which time a
replacement with comparable qualifications, skills and experience may be assigned to the project, subject
to approval of WHO.

WHO may refuse access to or require replacement of any Contractor Personnel if such individual renders,
in the sole judgment of WHO, inadequate or unacceptable performance, or if for any other reason WHO
finds that such individual does not meet his/her security or responsibility requirements. The Contractor shall
replace such an individual within fifteen (15) business days of receipt of written notice from WHO. The
replacement will have the required qualifications, skills and experience and will be billed at a rate that is
equal to or less than the rate of the individual being replaced.

8.2 Project Managers

Each party shall appoint a qualified project manager (“Project Manager”) who shall serve as such party’s
primary liaison throughout the course of the project. The Project Manager shall be authorized by the
respective party to answer all questions posed by the other party and convey all decisions made by such
party during the course of the project and the other party shall be entitled to rely on such information as
conveyed by the Project Manager.

The Project Managers shall meet on a monthly basis in order to review the status of the project and provide
WHO with reports. Such reports shall include detailed time distribution information in the form requested by
WHO and shall cover problems, meetings, progress and status against the implementation timetable.

8.3 Foreign Nationals

The Contractor shall verify that all Contractor Personnel is legally entitled to work in the country or countries
where the work is to be carried out. WHO reserves the right to request the Contractor to provide WHO with
adequate documentary evidence attesting this for each Contractor Personnel.

Each party hereby represents that it does not discriminate against individuals on the basis of race, gender,
creed, national origin, citizenship.

8.4 Engagement of Third Parties and use of In-house Resources


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The Contractor acknowledges that WHO may elect to engage third parties to participate in or oversee
certain aspects of the project and that WHO may elect to use its in-house resources for the performance of
certain aspects of the project. The Contractor shall at all times cooperate with and ensure that the Contractor
and each of its partners, subcontractors and their employees and agents cooperate, in good faith, with such
third parties and with any WHO in-house resources.

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Country/Unit Name RMNCAH, WHO Philippines

9. LIST OF ANNEXES & APPENDICES

Annex 1 Acknowledgment Form


Annex 2 Confidentiality Undertaking
Annex 3 Proposal Completeness Form
Annex 4 Information from Bidder
Annex 5 Acceptance Form
Annex 6 Self Declaration Form
Annex 7 Questions from Bidders Template

Appendix 1 Title
Appendix 2 Title
Appendix 3 Title

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Country/Unit Name RMNCAH, WHO Philippines

Request for Proposals: RMNCAH-001-2022

Annex 1: Acknowledgement Form (Ref. Paragraph 4.2)

Please check the appropriate box (see below) and email this acknowledgement
form immediately upon receipt to cheny@who.int.
The Bid Reference: RMNCAH-001-2022 must be mentioned in the Subject line.

Intention To Submit A Proposal


We hereby acknowledge receipt of the RFP. We have perused the document and advise that we intend
to submit a proposal on or before 15/08/2022 at 17:00 hours Philippines time.

Non-Intention To Submit A Proposal


We hereby acknowledge receipt of the RFP. We have perused the document and advise that we do not
intend to submit a proposal for the following reasons:
Insert reason here:

Bidder's Contact Information is as follows:

Entity Name:
…………………………………………………………………………………………………

…………………………………………………………………………………………………
Mailing Address:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Name and Title of duly
authorized representative: …………………………………………………………………………………………………

Signature:

Date: …………………………………………………………………………………………………

RMNCAH-001-2022
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Country/Unit Name RMNCAH, WHO Philippines

Request for Proposals: RMNCAH-001-2022

Annex 2: Confidentiality Undertaking (Ref. Paragraph 4.6)

1. The World Health Organization (WHO), acting through its Department of RMNCAH, WHO Philippines, has access to certain
information relating to Enter Text which it considers to be proprietary to itself or to entities collaborating with it ( “the
Information”).

2. WHO is willing to provide the Information to the Undersigned for the purpose of allowing the Undersigned to prepare a
response to the Request for Proposal (RFP) for the [Title of the RFP] Project ("the Purpose"), provided that the
Undersigned undertakes to treat the Information as confidential and proprietary, to use the Information only for the aforesaid
Purpose and to disclose it only to persons who have a need to know for the Purpose and are bound by like obligations of
confidentiality and non-use as are contained in this Undertaking.

3. The Undersigned undertakes to regard the Information as confidential and proprietary to WHO or parties collaborating with
WHO, and agrees to take all reasonable measures to ensure that the Information is not used, disclosed or copied, in whole
or in part, other than as provided in paragraph 2 above, except that the Undersigned shall not be bound by any such
obligations if the Undersigned is clearly able to demonstrate that the Information:
a) was known to the Undersigned prior to any disclosure by WHO to the Undersigned (as evidenced by written records
or other competent proof);
b) was in the public domain at the time of disclosure by or for WHO to the Undersigned;
c) becomes part of the public domain through no fault of the Undersigned; or
d) becomes available to the Undersigned from a third party not in breach of any legal obligations of confidentiality (as
evidenced by written records or other competent proof).

4. The Undersigned further undertakes not to use the Information for any benefit, gain or advantage, including but not limited
to trading or having others trading in securities on the Undersigned’s behalf, giving trading advice or providing Information
to third parties for trade in securities.

5. At WHO's request, the Undersigned shall promptly return any and all copies of the Information to WHO.

6. The obligations of the Undersigned shall be of indefinite duration and shall not cease on termination of the above mentioned
RFP process.

7. Any dispute arising from or relating to this Undertaking, including its validity, interpretation, or application shall, unless
amicably settled, be subject to conciliation. In the event of the dispute is not resolved by conciliation within thirty (30) days,
the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed
upon by the Undersigned and WHO or, in the absence of agreement within thirty (30) days of written communication of the
intent to commence arbitration, with the rules of arbitration of the International Chamber of Commerce. The Undersigned
and WHO shall accept the arbitral award as final.

8. Nothing in this Undertaking, and no disclosure of Information to the Undersigned pursuant to its terms, shall constitute, or
be deemed to constitute, a waiver of any of the privileges and immunities enjoyed by WHO under national or international
law, or as submitting WHO to any national court jurisdiction.

Acknowledged and Agreed:

Entity Name:
…………………………………………………………………………………………………

…………………………………………………………………………………………………
Mailing Address:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Name and Title of duly
authorized representative: …………………………………………………………………………………………………

Signature:

Date: …………………………………………………………………………………………………

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Country/Unit Name RMNCAH, WHO Philippines

Request for Proposals: RMNCAH-001-2022

Annex 3: Proposal Completeness Form (Ref. Paragraphs 4.4 & 4.6)

Section Requirement Completed in full (Yes/No)

Annex 2 Confidentiality undertaking form ☐ Yes ☐ No


Annex 3 Proposal completeness form ☐ Yes ☐ No
Annex 4 Information about Bidder
Annex 5 Acceptance form ☐ Yes ☐ No
Annex 6 Self-Declaration Form ☐ Yes ☐ No
4.12.2 to Technical Proposal, including Executive Summary, ☐ Yes ☐ No
Error! proposed solution, approach/methodology and timeline
Referen
ce
source
not
found.
Error! Financial Proposal ☐ Yes ☐ No
Referen
The
ce
source
not
found.
☐ Yes ☐ No
☐ Yes ☐ No
enclosed Proposal is valid for _____________ days from the date of this form (Ref. Paragraph 4.8).

Agreed and accepted, in (…..) original copies on _____________

Entity Name:
…………………………………………………………………………………………………

…………………………………………………………………………………………………
Mailing Address:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Name and Title of duly
authorized representative: …………………………………………………………………………………………………

Signature:

Date: …………………………………………………………………………………………………

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Request for Proposals: RMNCAH-001-2022

Annex 4: Information about Bidder

RFP Ref. Information required


If applicable
1. Company Information
1.1 Corporate information
3.2.1 1.1.1 Company mission statement (including profit or not for profit status)
1.1.2 Service commitment to customers and measurements used
3.2.2 1.1.3 Accreditations
1.1.4 Organization structure
1.1.5 Geographical presence
1.1.6 Declared financial statements for the past (3) three years1
1.2 Legal Information
1.2.1 History of Bankruptcy
1.2.2 Pending major lawsuits and litigations in excess of USD 100,000 at risk
1.2.3 Pending Criminal/Civil lawsuits
3.2.3 2. Experience and Reference Contact Information
2.1 Relevant Contractual relationships
2.1.1 Relevant Contractual projects (with other UN agencies or Contractors)
2.2 Relevant Project Names (list and provide detailed examples of relevant experience
gained within the past five years of the issuance of this RFP that demonstrate the
Contractor’s ability to satisfactorily perform the work in accordance with the requirements of
this RFP).
2.2.1 Project Description
2.2.2 Status (under development / implemented)
2.2.3 Reason for relevance (provide reason why this project can be seen as relevant to this
project)
2.2.4 Roles and responsibilities (list and clearly identify the roles and responsibilities for
each participating organization)
2.2.4.1 Client’s Role and Responsibility: Inputs from beneficiary
2.2.4.2 Contractor’s Role and Responsibility: role in project
2.2.4.3 Third party Contractors’ Role and Responsibility: previously specified 3rd party role
in project
2.2.5 Team Members (indicate relevant members of the team that will also be used for this
project)
3.2.4 3. Staffing information
3.1 Number and Geographical distribution of staff
3.1.1 Staff turnover rate for the past three years
3.2 Staff dedicated to the Project
3.2.1 Name and CV of each team member
3.2.2 Structure of the team, and role of each member in the project
3.2.3 Time dedicated to the project
3.2.3 Contingency plans in the event of a vacancy
4.5 4. Proposed sub-contractor arrangements including sub-contractor information
(as above for each sub-contractor)

1 For companies in existence less than two years, please provide the available audited financial statements.

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Country/Unit Name RMNCAH, WHO Philippines

Annex 5: Acceptance Form (Ref. Paragraph 4.6)


Financial proposal can be requested:
• Either on one of the table below, in which case (i) tick the first box and (ii) use/customize one of the tables below.
• Or in a separate excel sheet, in which case (i) tick the second box; (ii) customize second table below keeping
just the headers; and (iii) keep the second paragraph below:

The Undersigned, ……………………….., confirms to have read, understood and accepted the terms of the
Request for Proposals (RFP) No. RMNCAH-001-2022, and its accompanying documents. If selected by WHO for
the work, the Undersigned undertakes, on its own behalf and on behalf of its possible partners and Contractors,
to perform RFP Medium Value Template (2021) in accordance with the terms of this RFP and any corresponding
contract between WHO and the Undersigned, ☐ for the following sums ☐ for the amount(s) below and attached
Excel form.

The itemized amounts for each of the deliverables must be completed in the attached Excel form, and must be
uploaded as part of the Financial proposal. The bidder must ensure that the amount of each Deliverable or of
the total amount is identical in the attached Excel sheet and in Annex 5 below. In case of inconsistency between
those two documents, the most favorable terms to WHO in either the Excel sheet or the Annex 5 shall prevail.

Item Cost
(indicate Currency)
Deliverable 1: …
Project Manager costs 0.00
Team members costs (please itemize by function) 0.00
Other technical costs (please itemize and specify whether there are one-time or recurring costs): 0.00
Operating System, database, application, license, etc.
Other Costs (please itemize and specify whether there are one-time or recurring costs) 0.00
Deliverable 1 Costs 0.00
Deliverable 2: …
Project Manager costs 0.00
Team members costs (please itemize by function) 0.00
Other technical costs (please itemize and specify whether there are one-time or recurring costs): 0.00
Operating System, database, application, license, etc.
Other Costs (please itemize and specify whether there are one-time or recurring costs) 0.00
Deliverable 2 Costs 0.00
Deliverable 3: …
Project Manager costs 0.00
Team members costs (please itemize by function) 0.00
Other technical costs (please itemize and specify whether there are one-time or recurring costs): 0.00
Operating System, database, application, license, etc.
Other Costs (please itemize and specify whether there are one-time or recurring costs) 0.00
Deliverable 3 Costs 0.00
Deliverable 4: …
Project Manager costs 0.00
Team members costs (please itemize by function) 0.00
Other technical costs (please itemize and specify whether there are one-time or recurring costs): 0.00
Operating System, database, application, license, etc.
Other Costs (please itemize and specify whether there are one-time or recurring costs) 0.00
Deliverable 4 Costs 0.00
TOTAL PROJECT COSTS 0.00

The enclosed Proposal is valid for _______________ days from the date of this form (Ref. Paragraph 4.8).

Agreed and accepted, in (….) original copies on _______Date________

Entity Name:
…………………………………………………………………………………………………

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Country/Unit Name RMNCAH, WHO Philippines

…………………………………………………………………………………………………
Mailing Address:
…………………………………………………………………………………………………
…………………………………………………………………………………………………

Name and Title of duly


authorized representative:
…………………………………………………………………………………………………

Signature:

RMNCAH-001-2022
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Country/Unit Name RMNCAH, WHO Philippines

Annex 6: Self Declaration Form


Applicable to private and public companies
<COMPANY> (the “Company”) hereby declares to the World Health Organization (WHO) that:
a. it is not bankrupt or being wound up, having its affairs administered by the courts, has not entered into an
arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning
the foregoing matters, and is not in any analogous situation arising from a similar procedure provided for in
national legislation or regulations;
b. it is solvent and in a position to continue doing business for the period stipulated in the contract after contract
signature, if awarded a contract by WHO;
c. it or persons having powers of representation, decision making or control over the Company have not been
convicted of an offence concerning their professional conduct by a final judgment;
d. it or persons having powers of representation, decision making or control over the Company have not been the
subject of a final judgment or of a final administrative decision for fraud, corruption, involvement in a criminal
organization, money laundering, terrorist-related offences, child labour, human trafficking or any other illegal
activity;
e. it is in compliance with all its obligations relating to the payment of social security contributions and the payment
of taxes in accordance with the national legislation or regulations of the country in which the Company is
established;
f. it is not subject to an administrative penalty for misrepresenting any information required as a condition of
participation in a procurement procedure or failing to supply such information;
g. it has declared to WHO any circumstances that could give rise to a conflict of interest or potential conflict of
interest in relation to the current procurement action;
h. it has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to
obtain, and has not accepted and will not accept any direct or indirect benefit (finanical or otherwise) arising from
a procurement contract or the award thereof;
i. it adheres to the UN Supplier Code of Conduct;
j. it has zero tolerance for sexual exploitation and abuse and has appropriate procedures in place to prevent and
respond to sexual exploitation and abuse.
The Company understands that a false statement or failure to disclose any relevant information which may impact upon
WHO's decision to award a contract may result in the disqualification of the Company from the bidding exercise and/or
the withdrawal of any proposal of a contract with WHO. Furthermore, in case a contract has already been awarded, WHO
shall be entitled to rescind the contract with immediate effect, in addition to any other remedies which WHO may have
by contract or by law.

Entity Name: …………………………………………………………………………………………………

…………………………………………………………………………………………………
Mailing Address:
…………………………………………………………………………………………………
…………………………………………………………………………………………………
Name and Title of duly
authorized representative: …………………………………………………………………………………………………

Signature:

Date: …………………………………………………………………………………………………

RMNCAH-001-2022
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Country/Unit Name RMNCAH, WHO Philippines

Request for Proposals: RMNCAH-001-2022

Annex 7: Questions from Bidders (Ref. Paragraph 4.6)

RFP Section
No. Question
reference

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RMNCAH-001-2022
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