Individual Contract Policy

Individual Contract Policy

Contents

a.Individual Contract as Framework Agreement 26

b.Supplemental Guidance: 27

c.Commencement of Services 28

The commencement of work, travel or payment of fees are not permitted before an individual contract is signed by both UNDP and the contractor. Engagement of individual contractors on a retroactive basis is not permitted under any circumstance. Strict compliance with this requirement safeguards the interests of both UNDP and the individuals concerned. 28

d.Post-facto Contracts 28

Electronic administration of individual contracts 31

Payment and performance evaluation 31

Amendment of an individual contract 32

Pay rate on contract extension
33

Establishing a contractor roster 33

Populating a roster 33

Sourcing from rosters 34

Pre-approved rosters 34

Travel modes for individual contractors 35

Budgeting for travel 35

Travel expenses 36

Negotiations for unforeseen air travel and living allowances 36

Visa and travel documents 36

Security clearance 37

Statement of medical fitness for work 37

Inoculations/vaccinations 37

Service-incurred death, injury or illness 38

Malicious acts insurance policy 38

Breach of an individual contract 38

Termination of an individual contract 39

Settlement of disputes 39

General Principles

 

1. 
   The Individual Contract modality is used for the procurement of services of an individual to perform time-bound and non-staff tasks aimed at delivering clear and quantifiable outputs which must be clearly identified in the contract and directly linked to payment. 
   

2. 
   The engagement of individuals as Contractors under the Individual Contract modality is subject to the general procurement principles established by the UNDP Financial Rules and Regulations (Article 21, Regulation 21.02), namely:
   

 

1. 
   Best value for money, which is understood as acquiring the best personal services at the most competitive rates for a particular skill, reflective of local and current market conditions.  
   
2. 
   Fairness, integrity and transparency, with selection and management processes that are based on the UNDP Financial Regulations and Rules as well as UNDP procedures more generally, and that ensure that business units are accountable for the proper use of the Individual Contract modality and its results, and that decisions are made in an open manner.  
   
3. 
   Effective international competition, meaning that Individual Contracts must be awarded through a competitive selection process amongst skilled and highly qualified individuals; and  
   
4. 
   The interests of UNDP and the United Nations.
   

 

3. 
   In consideration of the above, any issue that may arise when procuring individual contractors, or managing Individual Contracts, which is not specifically addressed by this policy shall be guided by, and interpreted based on, the contents of the Contracts and Procurement section of the Programme & Operations Policies and Procedures (POPP) of UNDP, and the standards of best procurement practices. This policy shall serve as the governing framework for the two (2) legal instruments used to engage the services of individuals, namely: (a) Individual Contract; and (b) Reimbursable Loan Agreement.
   

 

Purpose of IC

4. 
   In order to procure services through an IC, the requesting Business Unit must first ensure that the IC is the most appropriate contractual modality for the requirement.
   

Individual Contractors should be engaged through ICs when:  

1. 
   the qualifications and experience of the individual is the predominant factor in ensuring the successful delivery of an output;
   
2. 
   the individual alone can perform the demands of the TOR without need for any form of corporate back-up support or other types of supporting experts in order to deliver the outputs specified in the TOR; and
   
3. 
   a multi-disciplinary approach to performing an assignment is not necessary.
   

5. 
   On the other hand, whenever an assignment requires integration of technical work and collective inputs from more than one (1) field of expertise in order to deliver an output, the use of IC is not the most appropriate approach.  Engaging a legal entity, such as a consulting firm, is the better approach, especially when the nature or setting of the work is subject to significant risk. 
   

 

Correct Use of the Individual Contract

 

6. 
   The IC modality is used for the following circumstances:
   

1. 
   The required services cannot be provided by utilizing the existing staff resources due to lack of internal specialized knowledge and/or expertise;
   
2. 
   The assignment is results-oriented and can be completed, either within or outside of the UNDP premises, within a defined period of time, and the payments are directly linked to deliverables/outputs;
   
3. 
   The assignment requires the performance of duties that are not normally performed by a UNDP staff (non-staff duties);
   
4. 
   As an exceptional temporary stop-gap capacity support measure intended to assist a staff who has been designated to take on additional functions as a result of the temporary absence of another staff who goes on any form of leave¹, but such use of IC shall be limited only to a period of three (3) months, and the work must be without fiduciary duties or other responsibilities intended to be performed only by individuals on staff status.