STANDARD LETTER OF AGREEMENT BETWEEN

THE UNITED NATIONS DEVELOPMENT PROGRAMME AND

THE MINISTRY OF WOMEN’S AFFAIRS
ON THE IMPLEMENTATION OF INSTITUTIONAL CAPACITY BUILDING FOR
GENDER EQUALITY PROJECT
WHEN UNDP SERVES AS IMPLEMENTING PARTNER

HOW TO USE THIS LETTER

 This Letter is used when a Government ministry/institution or an International
Governmental Organization (IGO) cooperates with UNDP to carry out activities
as a Responsible Party when UNDP serves as an implementing partner.
 This Letter can be used as a guideline and tailored to different situations where
UNDP enters into an agreement with the different Government
ministries/institutions/IGOs. Therefore, not every clause would necessarily be
applicable. However, any deviation from this standard Letter should be cleared
by HQ.

TERMINOLOGY
1. This Agreement utilizes the harmonized terminology in line with the revised financial
regulations and rules (FRR) which have introduced new/redefined terms as follows:
a. 'Execution' is the overall ownership and responsibility for UNDP programme
results at the country level which is exercised by the government, through the
Government Coordinating Agency by approving and signing the Country
Programme Action Plan (CPAP) with UNDP. Therefore, all activities falling
within the CPAP are nationally executed.
b. 'Implementation' is the management and delivery of programme activities to
achieve specified results, specifically the mobilization of UNDP programme
inputs and their use in producing outputs that will contribute to development
outcomes, as set forth in the Annual Work Plans (AWPs).

These two terms are elaborated under the Legal Framework section of the
Programme and Project Management Section of the POPP.

2. It is important to note that at the level of project management, the terms “execution”
under the non-harmonized operational modalities, including global and regional
projects and “implementation” under the harmonized operational modalities have the
same meaning, i.e. management and delivery of project activities to produce
specified outputs and efficient use of resources. Therefore, this Agreement uses the
term “implementation” in line with the “harmonized operational modalities” to cover
also at the project level the term “execution” under the non-harmonized operational
modalities. More specifically, all references to “Executing Agency” have been
replaced with “Implementing Partner”.

3. When using this Letter of Agreement in non-harmonized or non-CPAP countries,

change the following terms as follows:
a. Execution instead of Implementation
b. Executing Entity instead of Implementing Partner
Your Excellency,

1. Reference is made to the consultations between officials of the United Nations

Development Programme (hereinafter referred to as “UNDP”) in Afghanistan and The
Ministry Of Women’s Affairs (hereinafter referred to as Government Institution) with
respect to the realization of activities by the Government Institution in the
implementation of the project of no. 00054320-Institutional Capacity for Gender Equality
Project, as specified in Attachment 1: Project Document, to which UNDP has been
selected as implementing partner.

2. In accordance with the Project Document and with the following terms and
conditions, we confirm our acceptance of the activities to be provided by Government
Institution towards the project, as specified in Attachment 2: Description of Activities
(hereinafter referred to as “Activities”). Close consultations will be held between
Government Institution and UNDP on all aspects of the Activities.

3. The Government Institution shall be fully responsible for carrying out, with due
diligence and efficiency, all Activities in accordance with its Financial Regulations and
Rules.

4. In carrying out the activities under this Letter, the personnel and sub-contractors
of the Government Institution shall not be considered in any respect as being the
employees or agents of UNDP. UNDP does not accept any liability for claims arising out
of acts or omission of the Government Institution or its personnel, or of its contractors
or their personnel, in performing the Activities or any claims for death, bodily injury,
disability, damage to property or other hazards that may be suffered by the Government
Institution and its personnel as a result of their work pertaining to the Activities.

5. Any subcontractors, including NGOs under contract with [the Government

ministry/institution/IGO], shall work under the supervision of the designated official of the
Government Institution. These subcontractors shall remain accountable to the
Government Institution for the manner in which assigned functions are discharged.

6 Upon signature of this Letter, UNDP will make payments to the Government
Institution, according to the schedule of payments specified in Attachment 3: Schedule
of Activities, Facilities and Payments.

7. The Government Institution shall not make any financial commitments or incur
any expenses which would exceed the budget for the Activities as set forth in Attachment
3. The Government Institution shall regularly consult with UNDP concerning the status
and use of funds and shall promptly advise UNDP any time when the Government
Institution is aware that the budget to carry out these Activities is insufficient to fully
implement the project in the manner set out in the Attachment 2. UNDP shall have no
obligation to provide the Government Institution with any funds or to make any
reimbursement for expenses incurred by the Government Institution in excess of the
total budget as set forth in Attachment 3.

8. The Government Institution shall submit a cumulative financial report each

quarter (31 March, 30 June, 30 September and 31 December). The report will be
submitted to UNDP through the UNDP Country Director or UNDP Resident
Representative within 30 days following those dates. The format will follow the standard
UNDP expenditure report [a model copy of which is provided as Attachment 4]. UNDP
will include the financial report by the Government Institution in the financial report for
[number and title of project].

9. The Government Institution shall submit such progress reports relating to the
Activities as may reasonably be required by the project manager in the exercise of his or
her duties.

10. The Government Institution shall furnish a final report within 12 months after the
completion or termination of the Activities, including a list of non-expendable equipment
purchased by the Government Institution and all relevant audited or certified financial
statements and records related to such Activities, as appropriate, pursuant to its
Financial Regulations and Rules.

11. Equipment and supplies that may be furnished by UNDP or procured through
UNDP funds will be disposed as agreed, in writing, between UNDP and the Government
Institution.

12. Any changes to the Project Document which would affect the work being
performed by the Government Institution in accordance with Attachment 2 shall be
recommended only after consultation between the parties.

13. For any matters not specifically covered by this Letter, the Parties would ensure
that those matters shall be resolved in accordance with the appropriate provisions of the
Project Document and any revisions thereof and in accordance with the respective
provisions of the Financial Regulations and Rules of the Government Institution and
UNDP.

14. The arrangements described in this Letter will remain in effect until the end of the
project, or the completion of activities of the Government Institution according to
Attachment 2, or until terminated in writing (with 30 days notice) by either party. The
schedule of payments specified in Attachment 3 remains in effect based on continued
performance by the Government Institution unless it receives written indication to the
contrary from UNDP.

15. Any balance of funds that is undispersed and uncommitted after the conclusion
of the Activities shall be returned within 90 days to UNDP.

16. Any amendment to this Letter shall be effected by mutual agreement, in writing,

17. All further correspondence regarding this Letter, other than signed letters of
agreement or amendments thereto should be addressed to UNDP Country Director,
Mr. Manoj Basnyat at UNDP Country Office, Shah Mahmood Ghazi Watt, Kabul
City.

18. The Government Institution shall keep the UNDP Country Director/Resident
Representative fully informed of all actions undertaken by them in carrying out this
Letter.

19. UNDP may suspend this Agreement, in whole or in part, upon written notice,
should circumstances arise which jeopardize successful completion of the Activities.
20. Any dispute between the UNDP and the Government Institution arising out of or
relating to this Letter which is not settled by negotiation or other agreed mode of
settlement, shall, at the request of either party, be submitted to a Tribunal of three
arbitrators. Each party shall appoint one arbitrator, and the two arbitrators so appointed
shall appoint a third arbitrator, who shall be the chairperson of the Tribunal. If, within 15
days of the appointment of two arbitrators, the third arbitrator has not been appointed,
either party may request the President of the International Court of Justice to appoint the
arbitrator referred to. The Tribunal shall determine its own procedures, provided that any
two arbitrators shall constitute a quorum for all purposes, and all decisions shall require
the agreement of any two arbitrators. The expenses of the Tribunal shall be borne by
the parties as assessed by the Tribunal. The arbitral award shall contain a statement of
the reasons on which it is based and shall be final and binding on the parties.

21. If you are in agreement with the provisions set forth above, please sign and
return to this office two copies of this Letter. Your acceptance shall thereby constitute
the basis for your Government Institution participation in the implementation of the
project.

Yours sincerely,

Signed on behalf of UNDP

Mr. Vakhtang Svanidze
Deputy Country Director,
Kabul

Date:

Signed on behalf of the Ministry of Women Affairs (MoWA),

Ms. _________________________________

Ministry of Women Affairs

Date:
 Attachment 1

PROJECT DOCUMENT
 Attachment 2

DESCRIPTION OF ACTIVITIES

Project number: 00054320 Project title: Institutional Capacity

Building for Gender Equality Project

Results to be achieved by the Government Institution

Output 1. Establishment of M&E Unit and Mechanism to implement NPP:

General:

1. Establish an efficient and effective M&E unit at MOWA as a long-term oversight body
for achieving the overall objective,
2. Ensure the participation and ownership of the major stakeholders in this process,
3. Formulate and implement a sustainable mechanism of M&E for mainstreaming gender
into the functioning of the line ministries for achieving the main goals of ANDS and other
major policies of the Government.
Specific:
1. Formation of a team to lead the establishment of the M&E system
2. Development of shared understanding among team members on the concepts and process
for setting up the M&E system
3. Development of steps to implement the system and mobilization of support and
strengthening of partnerships among the key stakeholders
4. Identification and engagement of partners to agree on the results to be monitored
5. Scanning of high level monitoring systems and processes related to NAPWA and ANDS
(ex. Monitoring arrangements for ANDS, MDG, AC, government performance, etc.)
6. Clarification of results to be monitored and adoption of final version of indicators
7. Development of implementation and monitoring strategy per partner agency
8. Mobilization of inputs for implementation and monitoring
9. Setting up of data management system and ensuring smooth collection and compilation
of information
10. Identification of mechanisms to respond to implementation and monitoring issues
11. Preparation of monthly progress reports, quarterly review reports, and annual report.

Description of inputs:

1. Recruitment of Consultant for establishment of M&E Unit and Mechanism to implement NPP

Annexes:

Attach, as appropriate, job descriptions for consultants, terms of reference for contracts,
technical specifications for equipment items, training nomination forms, etc.
 Attachment 3

Scheduled of Activities, Facilities and Payments

Year 2011

EXPECTED CP PLANNED ACTIVITIES Timeframe Planned Budget Schedule of

OUTPUTS List all activities to be undertaken payments by UNDP
and indicators during the year towards stated outputs Q1 Q2 Q3 Q4 Budget Amount Q1 Q2 Q3 Q4
includin Description (USD)
g annual Activity Result 1: Establishment of 74100- 12,000.00
targets M&E Unit and Mechanism to implement International
NPP: Consultants
1.1. Formation of a team to lead the
establishment of the system

1.2. Develop consensus among the

stakeholders on the concepts and
process for setting up the system.

1.3. Identification and engagement of

partners to agree on the results to be
monitored

1.4. Scanning of high level monitoring

systems and processes related to
NAPWA and ANDS (ex. Monitoring
arrangements for ANDS, MDG, AC,
government performance, etc.)

1.5. Clarification of results to be monitored

and adoption of final version of
indicators
 1.6. Development of implementation and
monitoring strategy per partner agency

1.7. Mobilization of inputs for

implementation and monitoring

1.8. Setting up of data management system

and ensuring smooth collection and
compilation of information

1.9. Identification of mechanisms to

respond to implementation and
monitoring issues

1.10. Preparation of monthly progress

reports, quarterly review reports, and
annual report.

Total US$

Note
 Expenditures for personnel services may be limited to salary, allowances and other entitlements, including the reimbursement
of income taxes due and travel costs on appointment to the project, duty travel within the programme country or region and
repatriation costs.
 UNDP shall be responsible for providing miscellaneous services such as secretarial assistance, postage and cable services
and transportation as may be required by the Government Institution in carrying out their assignment.
 Adjustments within each of the sections may be made in consultation between UNDP and the Government Institution. Such
adjustments may be made if they are in keeping with the provisions of the Programme Support/Project Document and if they
are found to be in the best interest of the project.
 Attachment 4

MODEL UNDP EXPENDITURE REPORT

Period ________________________________

EXPECTED PLANNED Planned Budget Payments and Expenditures

CP ACTIVITIES Budget Amount Payme Expenditu Balance
OUTPUTS List all Description nts res
and activities to be receiv
indic undertaken ed
ators during the
inclu year towards
ding stated outputs
annu
al
targe
ts

Activity Result 1: 74100- US$

Establishment of International 12,000.00
M&E Unit and Consultants
Mechanism to
implement NPP: