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As a result of the competitive process, and upon selection of most suitable candidate, UNDP may issue an offer for engagement through an individual contract or a reimbursable loan agreement.
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Both contract types must be issued along with the General Terms and Conditions as Annexes to the IC/RLA.
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The selected candidate must submit the following documents before the contract is signed:
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If the contract value is US $5,000 or higher, the candidate should complete and sign a P-11 form, created by UNDP specifically for non-staff purposes. Even if he or she has already submitted a personal CV, he or she must be requested to fill-up and sign a P-11 form prior to the issuance of an IC.
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If a contractor is 62 years of age or older and on an assignment requiring travel, be it for the purpose of arriving at the duty station or as an integral duty required under the terms of reference, a full medical examination and statement of fitness to work must be provided. This is not a requirement for individuals on reimbursable loan agreement contracts.
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Upon completion of these requirements, the individual contract should be provided to the contractor for his/her signature, together with the terms of reference and relevant documents referred to in the contract as annexes (including the General Terms and Conditions). No work or travel to the duty station should commence until the contract has been approved and signed by both UNDP and the individual contractor or his/her designated entity.
Reimbursable Loan Agreement -
The reimbursable loan agreement is not a stand-alone mode of procuring individual services. It is an instrument used to engage individuals employed with another legal entity. It is therefore subject to the procurement processes, procedures and thresholds set forth in the Individual Contracts Policy.
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When the selected candidate has indicated to UNDP that his/her engagement must be formalized through a reimbursable loan agreement signed by his/her employer with UNDP, the agreement shall be offered to his/her employer through the focal person and contact details provided by the candidate.
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The signatory organization/company/institution shall make the services of the selected individual contractor available to UNDP for a specified period. The organization/ company/institution therefore remains responsible for the direct payment of actual cost of salaries, taxes, insurances and other entitlements/emoluments due to the contractor, and UNDP merely reimburses the organization/company/institution.
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If the organization/company/institution signing the agreement requires, UNDP may pay a fixed management fee or administrative charges, provided that such costs were incorporated in the original financial proposal. Notwithstanding the payment of such fees, the organization/company/institution is not expected or obliged to replace the selected individual contractor in the event of contractor non-performance or any pre-termination of the agreement. When the work under a pre-terminated agreement needs to be continued, UNDP must conduct a new selection process.
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UNDP reserves the right to refuse the issuance or signature of the reimbursable loan agreement with the employer of the selected candidate when the employer is on the list of entities ineligible to obtain contracts from the UN/UNDP.
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The guidelines for individual contractor are not applicable to non-reimbursable loan agreements.
Supplemental Guidance: -
When the competence, capacity, expertise and track record of the company employing the individual contractor is of primary relevance or importance to UNDP, individual contracts and reimbursable loan agreements should not be used. Other relevant procurement policies, procedures and contracting modality must be applied, such as the request for proposals process.
a.Individual Contract as Framework Agreement
An individual contract may be issued to establish a framework agreement (or long-term agreement) with a contractor when services are needed on an intermittent and repetitive basis, and a unit price has been agreed.
The contract and terms of reference must clearly specify the following minimum conditions:
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The unit price for the service (e.g., fee per hour, fee per day, fee per page, etc.); and
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The process or document that will be used to activate or initiate the rendering of service within the period of the contract (e.g., issuance of a purchase order, etc.).
The contract does not create a financial obligation or commitment from UNDP. It is non-exclusive, meaning it does not prohibit UNDP from entering into another framework agreement with another individual or entity. Financial commitments will only be established each time services are requested under the contract, through an agreed triggering action or document that signals the commencement of a given engagement (also known as ‘call-offs’).
All individual contracts used as a framework agreement must indicate a ceiling price limiting the cumulative amounts that will accrue to the individual during the life of the contract. Such a ceiling shall remain an upper limit, and must not be understood as a financial commitment or guarantee of business volume. Individual contract thresholds for daily fees and thresholds for cumulative amounts relevant to framework agreements apply.
The business unit managing the contract must:
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Monitor cumulative contract amounts, and
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Ensure submission to the proper committee as cumulative payments reach thresholds specified in this policy.
This type of contract may cover a maximum period of three years. Where quality assurance is critical, a business unit may also issue a contract for an initial period of 12 months, subject to extension based on satisfactory performance review.
When the need for services continues beyond three years, a new competitive procurement process must be conducted.
b.Supplemental Guidance:
The legal definition of a ‘retainer’ arrangement is that the entity requiring the services pays in advance for work that will be specified at a later date. This is not an acceptable arrangement for UNDP, and hence the term must not be used when referring to UNDP’s procurement of any form of service, including under an individual contract or reimbursable loan agreement.
c.Commencement of Services 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.
Post-facto actions fall outside the scope of the UNDP procurement process. A UNDP official authorizing or approving an award of an individual contract without the required approvals is solely accountable for his/her actions, including all liability incurred by engaging individual contractors outside of regular UNDP procurement processes.
Such actions fall within the definition of misconduct in the UNDP Legal Framework for Non-Compliance with UN Standards of Conduct. See in particular Section 3. Misconduct […] 24. Misconduct may include, but is not limited to, the following categories […] (g) Action or omission to avoid or deviate from Financial Regulations, Rules and Procedures, including inappropriate use of authorizing, approving, committing or verifying authority”[…].
Further policies related to post-facto contracts are provided here.
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