Job in Tajikistan (1000-5000$)

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Date:     26.09.2018

Country:                                                       Tajikistan

Description of the assignment:         National Consultant to provide support in organization and conduction of the Fourth National Rule of Law Forum

Type of Contract:                             Individual Consultant (IC)

Project/Programme:                         Rule of Law and Access to Justice Programme

Period of assignment/services:        40 working days, October 2018 – March 2019

Duty station:                                       Dushanbe, Tajikistan

Application deadline:                        October 04, 2018

Application procedures:

Interested candidates are strongly encouraged to apply online via website www.tj.undp.org

  • In order to be considered in the long list of applicants please go to the Registration link, register your account and upload the P11 Form. (If you already have a registered account, please use your login and password for further applying)
  • A completed Personal CV or Resume should be uploaded in your account..
  • In the list of announced vacancies, click on the “apply” link beside the Vacancy post. You will shortly receive a confirmation e-mail sent to the address indicated in your account.
  • Additional documents should be sent to the e-mail address tj@undp.org, for proper evaluation. They should include:
  • Proposal stating your interest and qualifications for the advertised position
  • Provide a brief methodology on how you will approach and conduct the work. The Methodology is a subject for evaluation
  • Financial proposal
  • P11/Personal CV including past experience in similar projects and at least 3 references

Candidates should submit the above-mentioned materials by 04 October 2018 via e-mail to ic.tj@undp.org. The title of the assignment should be written in the subject line of the email

Any request for clarification must be sent in writing, or by standard electronic communication to the address or e-mail: ic.tj@undp.org.

INTRODUCTION

Over the past fifteen years, the Government of Tajikistan has undertaken a number of legislative and policy reforms to create the framework for an effective justice system. These legislative reforms are of relatively good quality; however, implementation of laws is of a poorer standard, and judicial and legal institutions remain constrained by the low level of resources budgeted for this sector.

UNDP Tajikistan’s Rule of Law and Access to Justice Programme is composed of two interrelated projects, “Rule of Law” and “Access to Justice”. The Programme aims to strengthen the capacity of state bodies and the justice sector to better provide access to justice and uphold the rule of law in compliance with international commitments, and also to protect the rights of vulnerable people through establishing sustainable mechanisms for capacity development and oversight of justice and penitentiary institutions and by ensuring greater accountability and transparency. The Programme specifically focuses on gender equality and gender mainstreaming.

A high-level Policy Dialogue has been established with the support of the Programme. The Dialogue brings government stakeholders together with CSOs (Civil Society Organizations) to discuss legal issues. The establishment of Tajikistan’s first Policy Dialogue on Rule of Law has been successful initiated and steadily expanded: the most notable result is the Concept on Provision of Free Legal Aid, which was the legal basis for the creation of the State Agency for Legal Aid Centers (SALAC) under the Ministry of Justice. National Forums on Rule of Law (part of the Policy Dialogue process) were held in November 2015, 2016 and 2017. Forums were chaired by the Minister of Justice and gathered over 150 (in 2015) and more than 300 (in 2016 and 2017) participants from government, CSOs, academia, Mass Media and the private sector. 4th National RoL Forum envisaged on November 2, 2018.

In this regard, UNDP intends to hire a National Consultant to provide expert support and technical assistance in organization of Fourth National Rule of Law Forum.

DUTIES AND RESPONSIBILITIES        

Under the overall guidance and the direct supervision of the Rule of Law and Access to Justice Programme Manager, the Consultant will be responsible for implementation of following activities:

  1. Develop a detailed work plan and agree with UNDP the methodology for organization and conduction of the Forum (1 days);
  2. Conduct meetings with MoJ and other stakeholders including CSO Network contributing on organization and conduction of Forum and develop draft plan of Secretariat meetings and agenda of the first meeting (2 days);
  3. Organize and conduct Regional Consultative Council Meeting in Rasht Valley (3 days);
  4. Prepare draft ToR for the Forum Secretariat in consultation with MoJ, CSO Network and UNDP (4 days);
  5. Coordinate work of civil society and government institutions comprising Forum Secretariat through conduction of at least three meetings of Secretariat and develop recommendations on Secretariat work format, composition and implementation of previous Forum recommendations; (7 days);
  6. Identify Forum participants, particularly from CSOs, academia and private sector to confirm their participation in cooperation with MoJ, CSO Network and UNDP and prepare list of participants (4 days);
  7. Identify and brief moderators in consultation with MoJ and UNDP on their role and expected outputs from each session of the Forum (3 days);
  8. Assist in drafting of Forum Agenda in cooperation with MoJ, CSO Network and UNDP (5 days);
  9. Work with speakers as they prepare for their sessions, ensuring their contributions stay on topic during the sessions (5 days);
  10. Develop event scripts and identify key messages to be included in speeches and presentations to be made during the meetings (2 days);
  11. Provide support in finalization of Forum recommendations and preparation of Declaration of the Forum (3 days);
  12. Final report prepared and submitted to UNDP (1 day).

For detailed information, please refer to Annex 2 – Terms of Reference.

Duty Station:

Dushanbe, Tajikistan.

REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS:

Core Competencies:

  • Proven problem-solving skills creative thinking to develop and implement smart business solutions in a challenging legal environment;
  • Proven ability to develop high-level policy briefs, and strategies;
  • Ability to plan and organize his/her work, efficient in meeting commitments, observing deadlines and achieving results
  • Ability to receive/integrate feedback;
  • Focuses on result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Ability to work independently as well as part of a fairly big team;

Functional/Technical Competencies:

  • Excellent communication skills;
  • Excellent analytical skills;
  • Strong oral and writing skills;
  • Ability to operate under strict time limits.

Education:

 At least University degree in economics and trade, service, and jurisprudence or other relevant education.

Experience:

  • At least three (3) years of proven professional experience working for international organizations and/or for state institutions, justice or for NGO with focus on rule of law and access to justice reform;
  • Experience in organization of big events such as Forums and conferences with focus on legal issues;
  • In-depth knowledge of Government structure and Legal and Judicial institutions framework.
  • Good knowledge of human rights based approach, gender mainstreaming, conflict sensitive programme and result-based management;
  • Experience of working with the UN, international organizations, government institutions and civil society;
  • Strong analytical, communication and negotiation skills;

Language skills:

 Fluency in written and spoken Russian and Tajik. Knowledge of English is asset.

 DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS:

 Interested individual consultants must submit the following documents/information to demonstrate their qualifications:

Proposal:

(i) stating your interest and qualifications for the advertised position.

(ii) provide a brief methodology on how you will approach and conduct the work. The Methodology is a subject for evaluation (C).

  1. Financial proposal:

The financial proposal must indicate the lump sum fee, which is required for execution of the tasks. To submit the Financial Proposal, please use the Template of Submission of Financial Proposal provided in Annex I.

  1. Personal CV or Resume including past experience in similar projects and at least 3 references.

 FINANCIAL PROPOSAL

Lump sum contracts

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.

The financial proposal shall specify a total lump sum amount with the breakdown of:

  • daily consultancy fee
  • travel costs* (in-country travels)
  • living allowances*

All envisaged travel costs must be included in the financial proposal. This includes all travel to join the duty station and/or repatriation travel. In general, UNDP shall not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses shall be agreed upon, between UNDP Tajikistan and the contracted Individual Consultant, prior to travel and will be reimbursed.

Other travel/transportation costs related to implementation of the afore-mentioned assignment in Tajikistan and outside will be covered by the project upon prior agreement between UNDP and contracted Individual Consultant.

* Regardless of purpose of travel, the prevailing price for an economy class tickets serving the most direct routes to be travelled shall apply for all ICs.  In general, UNDP will not accept travel costs exceeding those of a full-fare economy class ticket.  Individual Contractors wishing to upgrade their travel to business or first class shall do so at their own expense. 

* ICs may allocate living allowances for them when an assignment requires travel, and include such allowances in their financial proposals.  Such living allowances may be lower or equal to UN DSA rates, but under no circumstance should they be higher than UN DSA rates.  (UN DSA rate for Dushanbe – 170 USD, for Regional Centers – 90 USD and elsewhere – 51 USD)

The National Consultant will be paid in the National Currency of the Republic of Tajikistan based at the UN exchange rate on the day of payment. Payment will be made via Bank transfer to Vendor’s Bank account.

At any time upon the submission of the proposal, no price variation due to escalation, inflation, fluctuation in exchange rates, or any other market factors shall be accepted by UNDP after it has received the proposal.

EVALUATION 

Individual consultants will be evaluated based on the cumulative analysis methodology. The award of the Contract shall be made to the individual consultants whose offer has been evaluated and determined as:

  1. a) responsive/compliant/acceptable, and
  2. b) Having received the highest score out of the below set weighted technical and financial criteria.

* Technical Criteria weight – 70%;

* Financial Criteria weight – 30%.

Only candidates obtaining a minimum of 49 points would be considered for the Financial Evaluation.

* The evaluation of the candidates will be made based on the desk review.

Criteria Weight Max. Point
Technical 70% 70
(A): University degree in economics and trade, service, public catering and jurisprudence or other relevant education Max 10
(B): Previous experience in organization of big events such as Forums and conferences with focus on legal issues Max 20
(C): Technical proposal (Methodology) submitted for consideration; Max 20
(D): Proven professional experience working for international organizations and/or for state institutions, justice or for NGO with focus on rule of law and access to justice reform; Max 10
(E): Fluency/proficiency in Tajik and Russian (both oral and written); Knowledge of English is asset; Max 10
Financial 30% 30

 

Since UNDP Tajikistan currently has a majority of male employees, we strongly encourage qualified female applicants for this position. UNDP seeks to ensure that male and female employees are given equal career opportunities and that staff members are able to keep an appropriate balance between work and private life.

ANNEXES:

ANNEX 1.     FINANCIAL PROPOSAL SUBMISSION FORM

ANNEX 2.     TERMS OF REFERENCES (TOR)

ANNEX 3.     INDIVIDUAL CONSULTANT GENERAL TERMS AND CONDITIONS

ANNEX 4.     SAMPLE INDIVIDUAL CONTRACT 

ANNEX 1

BREAKDOWN OF COSTS

SUPPORTING THE ALL-INCLUSIVE FINANCIAL PROPOSAL

Having examined the Solicitation Documents, I, the undersigned, offer to provide all the services in the TOR for the sum of ____________

This is a lump sum offer covering all associated costs for the required service (fee, meal, accommodation, etc.).

  1. Breakdown of Cost by Components in (pls. indicate the currency): ____________
Cost components Unit cost Quantity Total rate for the Contract Duration
I. Personnel Cost      
Professional fee      
Communications      
TOTAL      
II. Reimbursable Cost      
Travel costs (if required)
Living allowance (if required)
TOTAL
 

  1. b)
    Breakdown of Cost by Deliverables*
Deliverables[list them as referred to in the TOR] Indicativetime-frame(subject to revision) Percentage of Total Price (Weight for payment) Amount
Deliverable 1
Deliverable 2
….
Total 100%

*Basis for payment tranches

Proposed by:

Name: Signature: Date:

ANNEX 2

TERMS OF REFERENCES (TOR)

Programme: Rule of Law and Access to Justice
Post Title: National Consultant to provide support in organization and conduction of the Fourth National Rule of Law Forum
Type of contract: Individual Contract (IC)
Duty station: Dushanbe, Tajikistan
Deadline: 04 October 2018
  1. BACKGROUND 

Over the past fifteen years, the Government of Tajikistan has undertaken a number of legislative and policy reforms to create the framework for an effective justice system. These legislative reforms are of relatively good quality; however, implementation of laws is of a poorer standard, and judicial and legal institutions remain constrained by the low level of resources budgeted for this sector.

UNDP Tajikistan’s Rule of Law and Access to Justice Programme is composed of two interrelated projects, “Rule of Law” and “Access to Justice”. The Programme aims to strengthen the capacity of state bodies and the justice sector to better provide access to justice and uphold the rule of law in compliance with international commitments, and also to protect the rights of vulnerable people through establishing sustainable mechanisms for capacity development and oversight of justice and penitentiary institutions and by ensuring greater accountability and transparency. The Programme specifically focuses on gender equality and gender mainstreaming.

A high-level Policy Dialogue has been established with the support of the Programme. The Dialogue brings government stakeholders together with CSOs (Civil Society Organizations) to discuss legal issues. The establishment of Tajikistan’s first Policy Dialogue on Rule of Law has been successful initiated and steadily expanded: the most notable result is the Concept on Provision of Free Legal Aid, which was the legal basis for the creation of the State Agency for Legal Aid Centers (SALAC) under the Ministry of Justice. National Forums on Rule of Law (part of the Policy Dialogue process) were held in November 2015, 2016 and 2017. Forums were chaired by the Minister of Justice and gathered over 150 (in 2015) and more than 300 (in 2016 and 2017) participants from government, CSOs, academia, Mass Media and the private sector. 4th National RoL Forum envisaged on November 2, 2018.

In this regard, UNDP intends to hire a National Consultant to provide expert support and technical assistance in organization of Fourth National Rule of Law Forum.

 DUTIES AND RESPONSIBILITIES:

Under the overall guidance and the direct supervision of the Rule of Law and Access to Justice Programme Manager, the Consultant will be responsible for implementation of following activities:

  1. Develop a detailed work plan and agree with UNDP the methodology for organization and conduction of the Forum (1 days);
  2. Conduct meetings with MoJ and other stakeholders including CSO Network contributing on organization and conduction of Forum and develop draft plan of Secretariat meetings and agenda of the first meeting (2 days);
  3. Organize and conduct Regional Consultative Council Meeting in Rasht Valley (3 days);
  4. Prepare draft ToR for the Forum Secretariat in consultation with MoJ, CSO Network and UNDP (4 days);
  5. Coordinate work of civil society and government institutions comprising Forum Secretariat through conduction of at least three meetings of Secretariat and develop recommendations on Secretariat work format, composition and implementation of previous Forum recommendations; (7 days);
  6. Identify Forum participants, particularly from CSOs, academia and private sector to confirm their participation in cooperation with MoJ, CSO Network and UNDP and prepare list of participants (4 days);
  7. Identify and brief moderators in consultation with MoJ and UNDP on their role and expected outputs from each session of the Forum (3 days);
  8. Assist in drafting of Forum Agenda in cooperation with MoJ, CSO Network and UNDP (5 days);
  9. Work with speakers as they prepare for their sessions, ensuring their contributions stay on topic during the sessions (5 days);
  10. Develop event scripts and identify key messages to be included in speeches and presentations to be made during the meetings (2 days);
  11. Provide support in finalization of Forum recommendations and preparation of Declaration of the Forum (3 days);
  12. Final report prepared and submitted to UNDP (1 day).
  • Assignment Reporting Milestones/Deliverables
# Expected Deliverables  Indicative timeframe (subject to revision)
I ·         Detailed work plan as well as methodology for organization and conduction of the Forum is developed in consultation with  UNDP and submitted;·         Draft plan of Secretariat meetings and agenda of the first meeting developed and submitted to UNDP;·         Draft ToR for the Forum Secretariat is developed and submitted in consultation with MoJ, CSO Network and UNDP; 25 November, 2018
II ·         Regional Consultative Council Meeting in Rasht Valley conducted and minutes submitted.·         List of Forum participants prepared in cooperation with MoJ and UNDP, finalized and submitted;·         Forum Agenda is drafted in cooperation with MoJ, CSO Network and UNDP prepared and submitted;·         Moderators in consultation with MoJ and UNDP on their role and expected outputs from each session of the Forum identified;·         Support provided to panelists and speakers in finalization of  speeches and presentations;

·         Forum materials are developed in coordination with MoJ and UNDP and submitted;

·         Participation of Forum participants from the regions ensured;

·         At least three meetings of Forum Secretariat organized and recommendations on Secretariat work format, composition and implementation of previous Forum recommendations are developed;

·         Develop event scripts and identify key messages to be included in speeches and presentations to be made during the meetings;

·         Draft Forum recommendations and Declaration of the Forum submitted;

·         Final report submitted to UNDP.By 25 March 2019

  1. Duration, Monitoring and Reporting:

The assignment is scheduled to begin no later than October, 2018.

  1. Competencies:

Core Competencies:

  • Proven problem-solving skills creative thinking to develop and implement smart business solutions in a challenging legal environment;
  • Proven ability to develop high-level policy briefs, and strategies;
  • Ability to plan and organize his/her work, efficient in meeting commitments, observing deadlines and achieving results
  • Ability to receive/integrate feedback;
  • Focuses on result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Ability to work independently as well as part of a fairly big team;

Functional/Technical Competencies:

  • Excellent communication skills;
  • Excellent analytical skills;
  • Strong oral and writing skills;
  • Ability to operate under strict time limits.

Education:

At least University degree in economics and trade, service, public catering and jurisprudence  or other relevant education.

Experience:

  • At least three (3) years of proven professional experience working for international organizations and/or for state institutions, justice or for NGO with focus on rule of law and access to justice reform;
  • Experience in organization of big events as Forums and conferences especially on legal issues;
  • In-depth knowledge of Government structure and Legal and Judicial institutions framework.
  • Good knowledge of human rights based approach, gender mainstreaming, conflict sensitive programme and result-based management;
  • Experience of working with the UN, international organizations, government institutions and civil society;
  • Strong analytical, communication and negotiation skills;

Language skills: 

  • Fluency in written and spoken Russian and Tajik. Knowledge of English is asset.

Since UNDP currently has a majority of male employees, we strongly encourage qualified female applicants for this position. UNDP seeks to ensure that male, female employees are given equal career opportunities, and that staff members are able to keep an appropriate balance between work and private life.

форума по верховенству закона
Тип контракта: Индивидуальный контракт (ИК)
Место работы: Душанбе, Таджикистан
Окончательный срок подачи заявок: 04 Октября 2018

ANNEX 3

INDIVIDUAL CONSULTANT GENERAL TERMS AND CONDITIONS

G E N E R A L  C O N D I T I O N S  O F  C O N T R A C T

FOR THE SERVICES OF INDIVIDUAL CONTRACTORS

1.LEGAL STATUS: The Individual contractor shall have the legal status of an independent contractor vis-à-vis the United Nations Development Programme (UNDP), and shall not be regarded, for any purposes, as being either a “staff member” of UNDP, under the UN’ Staff Regulations and Rules, or an “official” of UNDP, for purposes of the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946. Accordingly, nothing within or relating to the Contract shall establish the relationship of employer and employee, or of principal and agent, between UNDP and the Individual contractor. The officials, representatives, employees or subcontractors of UNDP and of the Individual contractor, if any, shall not be considered in any respect as being the employees or agents of the other, and UNDP and the Individual contractor shall be solely responsible for all claims arising out of or relating to its engagement of such persons or entities.

2.STANDARDS OF CONDUCT: In General: The Individual contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its obligations under the Contract. Should any authority external to UNDP seek to impose any instructions on the Contract regarding the Individual contractor’s performance under the Contract, the Individual contractor shall promptly notify UNDP and shall provide all reasonable assistance required by UNDP. The Individual contractor shall not take any action in respect of its performance of the Contract or otherwise related to its obligations under the Contract that may adversely affect the interests of UNDP, and the Individual contractor shall perform its obligations under the Contract with the fullest regard to the interests of UNDP. The Individual contractor warrants that it has not and shall not offer any direct or indirect benefit arising from or related to the performance of the Contract or the award thereof to any representative, official, employee or other agent of UNDP. The individual contractor shall comply with all laws, ordinances, rules and regulations bearing upon the performance of its obligations under the Contract. In the performance of the Contract the Individual contractor shall comply with the standards of conduct set in the Secretary General’s Bulletin ST/SGB/2002/9 of 18 June 2002, entitled “Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Expert on Mission”. The individual contractor must comply with all Security Directives issued by UNDP. Failure to comply with such security directives is grounds for termination of the Contract for cause.

Prohibition of Sexual Exploitation and Abuse: In the performance of the Contract, the Individual contractor shall comply with the standards of conduct set forth in the Secretary-General’s bulletin ST/SGB/2003/13 of 9 October 2003, concerning “Special measures for protection from sexual exploitation and sexual abuse”. In particular, the Individual contractor shall not engage in any conduct that would constitute sexual exploitation or sexual abuse, as defined in that bulletin.

The Individual contractor acknowledges and agrees that any breach of any of the provisions hereof shall constitute a breach of an essential term of the Contract, and, in addition to any other legal rights or remedies available to any person, shall give rise to grounds for termination of the Contract. In addition, nothing herein shall limit the right of UNDP to refer any alleged breach of the foregoing standards of conduct to the relevant national authorities for appropriate legal action.

3.TITLE RIGHTS, COPYRIGHTS, PATENTS AND OTHER PROPRIETARY RIGHTS:  Title to any equipment and supplies that may be furnished by UNDP to the Individual contractor for the performance of any obligations under the Contract shall rest with UNDP, and any such equipment shall be returned to UNDP at the conclusion of the Contract or when no longer needed by the Individual contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Individual contractor, subject to normal wear and tear, and the Individual contractor shall be liable to compensate UNDP for any damage or degradation of the equipment that is beyond normal wear and tear.

UNDP shall be entitled to all intellectual property and other proprietary rights, including, but not limited to, patents, copyrights and trademarks, with regard to products, processes, inventions, ideas, know-how or documents and other materials which the Individual contractor has developed for UNDP under the Contract and which bear a direct relation to or are produced or prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Individual contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for UNDP. However, to the extent that any such intellectual property or other proprietary rights consist of any intellectual property or other proprietary rights of the Individual contractor: (a) that pre-existed the performance by the Individual contractor of its obligations under the Contract, or (b) that the Individual contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract, UNDP does not and shall not claim any ownership interest thereto, and the Individual contractor grants to UNDP a perpetual licence to use such intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of the Contract. At the request of UNDP, the Individual contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring or licensing them to UNDP in compliance with the requirements of the applicable law and of the Contract. Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents and all other data compiled by or received by the Individual contractor under the Contract shall be the property of UNDP, shall be made available for use or inspection by UNDP at reasonable times and in reasonable places, shall be treated as confidential and shall be delivered only to UNDP authorized officials on completion of work under the Contract

4.CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: Information and data that are considered proprietary by either UNDP or the individual contractor or that are delivered or disclosed by one of them (“Discloser”) to the other (“Recipient”) during the course of performance of the Contract, and that are designated as confidential (“Information”), shall be held in confidence and shall be handled as follows. The Recipient of such Information shall use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate, and the Recipient may otherwise use the Discloser’s Information solely for the purpose for which it was disclosed. The Recipient may disclose confidential Information to any other party with the Discloser’s prior written consent, as well as to the Recipient’s employees, officials, representatives and agents who have a need to know such confidential Information solely for purposes of performing obligations under the Contract. Subject to and without any waiver of the privileges and immunities of UNDP, the individual contractor may disclose Information to the extent required by law, provided that the Individual contractor will give UNDP sufficient prior notice of a request for the disclosure of Information in order to allow UNDP to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made. UNDP may disclose Information to the extent as required pursuant to the Charter of the United Nations, resolutions or regulations of the General Assembly or its other governing bodies, or rules promulgated by the Secretary-General. The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by the Recipient, or at any time is developed by the Recipient completely independently of any disclosures hereunder. These obligations and restrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any termination of the Contract.

5.TRAVEL, MEDICAL CLEARANCE AND SERVICE INCURRED DEATH, INJURY OR ILLNESS:  If the individual contractor is required by UNDP to travel beyond commuting distance from the individual contractor’s usual place of residence, and upon prior written agreement, such travel shall be at the expense of UNDP . Such travel shall be at economy care when by air.

UNDP may require the Individual contractor to submit a Statement of Good Health from a recognized physician prior to commencement of work in any offices or premises of UNDP or before engaging in any travel required by UNDP or connected with the performance of the Contract. The Individual contractor shall provide such a Statement of Good Health as soon as practicable following such request, and prior to engaging in any such travel, and the Individual contractor warrants the accuracy of any such Statement, including, but not limited to, confirmation that the Individual contractor has been fully informed regarding the requirements for inoculations for the country or countries to which travel may be authorized.

In the event of the death, injury or illness of the Individual contractor which is attributable to the performance of services on behalf of UNDP under the terms of the Contract while the Individual contractor is traveling at UNDP expense or is performing any services under the Contract in any offices or premises of UNDP, the Individual contractor or the Individual contractor’s dependents, as appropriate, shall be entitled to compensation equivalent to that provided under the UNDP insurance policy, available upon request.

6.PROHIBITION ON ASSIGNMENT; MODIFICATIONS: The individual contractor may not assign, delegate, transfer, pledge or make any other disposition of the Contract, of any part thereof, or of any of the rights, claims or obligations under the Contract except with the prior written authorization of UNDP, and any attempt to do so shall be null and void. The terms or conditions of any supplemental undertakings, licences or other forms of Contract concerning any goods or services to be provided under the Contract shall not be valid and enforceable against UNDP nor in any way shall constitute an Contract by UNDP thereto, unless any such undertakings, licences or other forms of Contract are the subject of a valid written undertaking by UNDP. No modification or change in the Contract shall be valid and enforceable against UNDP unless provided by means of a valid written amendment to the Contract signed by the Individual contractor and an authorized official or appropriate contracting authority of UNDP.

7.SUBCONTRACTORS: In the event that the individual contractor requires the services of subcontractors to perform any obligations under the Contract, the individual contractor shall obtain the prior written approval of UNDP for any such subcontractors. UNDP may, in its sole discretion, reject any proposed subcontractor or require such subcontractor’s removal without having to give any justification therefore, and such rejection shall not entitle the Individual contractor to claim any delays in the performance, or to assert any excuses for the non-performance, of any of its obligations under the Contract. The individual contractor shall be solely responsible for all services and obligations performed by its subcontractors. The terms of any subcontract shall be subject to, and shall be construed in a manner that is fully in accordance with, all of the terms and conditions of the Contract.

8.USE OF NAME, EMBLEM OR OFFICIAL SEAL OF THE UNITED NATIONS: The Individual contractor shall not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractual relationship with UNDP, nor shall the Individual contractor, in any manner whatsoever, use the name, emblem or official seal of UNDP, or any abbreviation of the name of UNDP, in connection with its business or otherwise without the written permission of UNDP.

9.INDEMNIFICATION: The Individual contractor shall indemnify, defend, and hold and save harmless UNDP, and its officials, agents and employees, from and against all suits, proceedings, claims, demands, losses and liability of any kind or nature, including, but not limited to, all litigation costs and expenses, attorney’s fees, settlement payments and damages, based on, arising from, or relating to: (a) allegations or claims that the use by UNDP of any patented device, any copyrighted material or any other goods or services provided to UNDP for its use under the terms of the Contract, in whole or in part, separately or in combination, constitutes an infringement of any patent, copyright, trademark or other intellectual property right of any third party; or (b) any acts or omissions of the Individual contractor , or of any subcontractor or anyone directly or indirectly employed by them in the performance of the Contract, which give rise to legal liability to anyone not a party to the Contract, including, without limitation, claims and liability in the nature of a claim for workers’ compensation.

10.INSURANCE:  The Individual contractor shall pay UNDP promptly for all loss, destruction or damage to the property of UNDP caused by the Individual contractor, or of any subcontractor, or anyone directly or indirectly employed by them in the performance of the Contract. The Individual contractor shall be solely responsible for taking out and for maintaining adequate insurance required to meet any of its obligations under the Contract, as well as for arranging, at the Individual contractor ’s sole expense, such life, health and other forms of insurance as the Individual contractor may consider to be appropriate to cover the period during which the   Individual contractor provides services under the Contract. The Individual contractor acknowledges and agrees that none of the insurance arrangements the Individual contractor may make shall, in any way, be construed to limit the Individual contractor’s liability arising under or relating to the Contract.

11.ENCUMBRANCES AND LIENS: The Individual contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNDP against any monies due to the Individual contractor or to become due for any work donor or against any goods supplied or materials furnished under the Contract, or by reason of any other claim or demand against the Individual contractor.

12.FORCE MAJEURE; OTHER CHANGES IN CONDITIONS: In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Individual contractor shall give notice and full particulars in writing to UNDP of such occurrence or cause if the Individual contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The Individual contractor shall also notify UNDP of any other changes in conditions or the occurrence of any event, which interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in conditions or occurrence, the Individual contractor shall also submit a statement to UNDP of estimated expenditures that will likely be

incurred for the duration of the change in conditions or the event. On receipt of the notice or notices required hereunder, UNDP shall take such action as it considers, in its sole discretion, to be appropriate or necessary in the circumstances, including the granting to the Individual contractor of a reasonable extension of time in which to perform any obligations under the Contract.

In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Individual contractor shall give notice and full particulars in writing to UNDP of such occurrence or cause if the Individual contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The Individual contractor shall also notify UNDP of any other changes in conditions or the occurrence of any event, which interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in conditions or occurrence, the Individual contractor shall also submit a statement to UNDP of estimated expenditures that will likely be incurred for the duration of the change in conditions or the event. On receipt of the notice or notices required hereunder, UNDP shall take such action as it considers, in its sole discretion, to be appropriate or necessary in the circumstances, including the granting to the Individual contractor of a reasonable extension of time in which to perform any obligations under the Contract.

Force majeure as used herein means any unforeseeable and irresistible act of nature, any act of war (whether declared or not), invasion, revolution, insurrection, or any other acts of a similar nature or force, provided that such acts arise from causes beyond the control and without the fault or negligence of the Individual contractor. The Individual contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Individual contractor   must perform in or for any areas in which UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delay or failure to perform such obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself, constitute force majeure under the Contract

13.TERMINATION:  Either party may terminate the Contract, in whole or in part, upon giving written notice to the other party. The period of notice shall be five (5) days in the case of Contracts for a total period of less than two (2) months and fourteen (14) days in the case of contracts for a longer period. The initiation of conciliation or arbitral proceedings, as provided below, shall not be deemed to be a “cause” for or otherwise to be in itself a termination of the Contract.  UNDP may, without prejudice to any other right or remedy available to it, terminate the Contract forthwith in the event that: (a) the Individual contractor is adjudged bankrupt, or is liquidated, or becomes insolvent, applies for moratorium or stay on any payment or repayment obligations, or applies to be declared insolvent; (b) the Individual contractor is granted a moratorium or a stay or is declared insolvent; the Individual contractor  makes an assignment for the benefit of one or more of its creditors; (c) a Receiver is appointed on account of the insolvency of the Individual contractor ; (d) the Individual contractor  offers a settlement in lieu of bankruptcy or receivership; or (e) UNDP reasonably determines that the Individual contractor has become subject to a materially adverse change in its financial condition that threatens to endanger or otherwise substantially affect the ability of the Individual contractor to perform any of its obligations under the Contract.

In the event of any termination of the Contract, upon receipt of notice of termination by UNDP, the Individual contractor shall, except as may be directed by UNDP in the notice of termination or otherwise in writing: (a) take immediate steps to bring the performance of any obligations under the Contract to a close in a prompt and orderly manner, and in doing so, reduce expenses to a minimum; (b) refrain from undertaking any further or additional commitments under the Contract as of and following the date of receipt of such notice; (c) deliver all completed or partially completed plans, drawings, information and other property that, if the Contract had been completed, would be required to be furnished to UNDP thereunder; (d) complete performance of the work not terminated; and (e) take any other action that may be necessary, or that UNDP may direct in writing, for the protection and preservation of any property, whether tangible or intangible, related to the Contract that is in the possession of the Individual contractor and in which UNDP has or may be reasonably expected to acquire an interest.

In the event of any termination of the Contract, UNDP shall only be liable to pay the Individual contractor compensation on a pro rata basis for no more than the actual amount of work performed to the satisfaction of UNDP in accordance with the requirements of the Contract. Additional costs incurred by UNDP resulting from the termination of the Contract by the Individual contractor may be withheld from any amount otherwise due to the Individual contractor from UNDP.

14.NON-EXCLUSIVITY:  UNDP shall have no obligation respecting, and no limitations on, its right to obtain goods of the same kind, quality and quantity, or to obtain any services of the kind described in the Contract, from any other source at any time.

15.TAXATION:  Article II, section 7, of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the United Nations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs restrictions, duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the exemptions of the United Nations from such taxes, restrictions, duties or charges, the Individual contractor shall immediately consult with UNDP to determine a mutually acceptable procedure. UNDP shall have no liability for taxes, duties or other similar charges payable by the Individual contractor in respect of any amounts paid to the Individual contractor under this Contract, and the Individual contractor acknowledges that UNDP will not issue any statements of earnings to the Individual contractor in respect of any such payments.

16.AUDITS AND INVESTIGATIONS:

Each invoice paid by UNDP shall be subject to a post-payment audit by auditors, whether internal or external, of UNDP or by other authorized and qualified agents of UNDP at any time during the term of the Contract and for a period of two (2) years following the expiration or prior termination of the Contract.  UNDP shall be entitled to a refund from the Individual contractor for any amounts shown by such audits to have been paid by UNDP other than in accordance with the terms and conditions of the Contract.

The Individual contractor acknowledges and agrees that, from time to time, UNDP may conduct investigations relating to any aspect of the Contract or the award thereof, the obligations performed under the Contract, and the operations of the Individual contractor generally relating to performance of the Contract.  The right of UNDP to conduct an investigation and the Individual contractor’s obligation to comply with such an investigation shall not lapse upon expiration or prior termination of the Contract.  The Individual contractor shall provide its full and timely cooperation with any such inspections, post-payment audits or investigations.  Such cooperation shall include, but shall not be limited to, the Individual contractor’s obligation to make available its personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant to UNDP access to the Individual contractor’s premises at reasonable times and on reasonable conditions in connection with such access to the Individual contractor’s personnel and relevant documentation.  The Individual contractor shall require its agents, including, but not limited to, the Individual contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-payment audits or investigations carried out by UNDP hereunder.

17.SETTLEMENT OF DISPUTES:

AMICABLE SETTLEMENT:  UNDP and the Individual contractor shall use their best efforts to amicably settle any dispute, controversy or claim arising out of the Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the United Nations Commission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the parties in writing.

ARBITRATION:  Any dispute, controversy or claim between the parties arising out of the Contract, or the breach, termination, or invalidity thereof, unless settled amicably, as provided above, shall be referred by either of the parties to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Contract, order the termination of the Contract, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 (“Interim Measures of Protection”) and Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy or claim.

18.PRIVILEGES AND IMMUNITIES: Nothing in or relating to the Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.

 

ANNEX 4

 UNITED NATIONS DEVELOPMENT PROGRAMME

Contract for the services of an Individual Contractor

 No. IC/2018/__

 This Individual Contract is entered into on _____ between the United Nations Development Programme (hereinafter referred to as “UNDP”) and  ______ (hereinafter referred to as “the Individual Contractor”) whose address is ___________.

 WHEREAS UNDP desires to engage the services of the Individual Contractor on the terms and conditions hereinafter set forth, and:

WHEREAS the Individual Contractor is ready and willing to accept this Contract with UNDP on the said terms and conditions,

NOW, THEREFORE, the Parties hereby agree as follows:

 Nature of services

The Individual Contractor shall perform the services as described in the Terms of References which form an integral part of this Contract and are attached hereto as Annex I in the following Duty Station(s): ________.

  1. Duration

This Individual Contract shall commence on _________, and shall expire upon satisfactory completion of the services described in the Terms of Reference mentioned above, but not later than ________, unless sooner terminated in accordance with the terms of this Contract. This Contract is subject to the General Conditions of Contract for Individual contractors which are available on UNDP website at www.undp.org/procurement and are attached hereto as Annex II.

  1. Consideration

As full consideration for the services performed by the Individual Contractor under the terms of this Contract, including, unless otherwise specified, his/her travel to and from the Duty Station(s), any other travel required in the fulfillment of the Terms of Reference in Annex I, and living expenses in the Duty Station(s), UNDP shall pay the Individual Contractor a total of _________ in accordance with the table set forth below.  Payments shall be made following certification by UNDP that the services related to each Deliverable, as described below, have been satisfactorily performed and the Deliverables have been achieved by or before the due dates specified below, if any.

DELIVERABLE DUE DATE AMOUNT IN  USD
     
   

 If unforeseen travel outside the Duty Station not required by the Terms of Reference is requested by UNDP, and upon prior written agreement, such travel shall be at UNDP’s expense and the Individual Contractor shall receive a per diem not to exceed United Nations daily subsistence allowance rate in such other location(s).

Where two currencies are involved, the rate of exchange shall be the official rate applied by the United Nations on the day the UNDP instructs its bank to effect the payment(s).

  1. Rights and Obligations of the Individual contractor

The rights and obligations of the Individual Contractor are strictly limited to the terms and conditions of this Contract, including its Annexes. Accordingly, the Individual Contractor shall not be entitled to any benefit, payment, subsidy, compensation or entitlement, except as expressly provided in this Contract. The Individual Contractor shall be solely liable for claims by third parties arising from the Individual Contractor’s own acts or omissions in the course of performing this Contract, and under no circumstances shall UNDP be held liable for such claims by third parties.

  • The Individual Contractor is (not) required to submit a Statement of Good Health and confirmation of immunization.
  1. Beneficiary

The Individual Contractor selects __________ as beneficiary of any amounts owed under this Contract in the event of death of the Individual Contractor while performing services hereunder. This includes the payment of any service-incurred liability insurance attributable to the performance of the services for UNDP.

Mailing address, email address and phone number of beneficiary: _______________

Mailing address, email address and phone number of emergency contact (if different from beneficiary): _________________

IN WITNESS WHEREOF, the Parties hereto have executed this Contract.

By signing below, I, the Individual Contractor, acknowledge and agree that I have read and accept the terms of this Contract, including the General Conditions of Contracts for Individual contractors available on UNDP website at www.undp.org/procurement and attached hereto in Annex II which form an integral part of this Contract, and that I have read and understood, and agree to abide by the standards of conduct set forth in the Secretary-General’s bulletins ST/SGB/2003/13 of 9 October 2003, entitled “Special Measures for Protection from Sexual Exploitation and Sexual Abuse” and ST/SGB/2002/9 of 18 June 2002, entitled “Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission”.

AUTHORIZING OFFICER:                                            INDIVIDUAL: CONTRACTOR:

 Signature _________________________               Signature ________________________

 Date _____________________________               Date _______________

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