Individual Contract Policy

Incorrect Use of the Individual Contract

7. 
   The UNDP manager who approves the Individual Contract shall be accountable for its proper use.  Under no circumstances shall an IC be used for functions normally performed by a staff, nor should it be used to replace a staff member who is on any form of absence for any period of time.  These functions should be carried out under staff contracts such as the Temporary Appointment (TA) or the Fixed Term Appointment (FTA).
   

8. 
   More specifically, Individual Contracts shall not be used for any of the following purposes:
   

1. 
   To perform staff functions related to programmes, projects, operations, or any other areas of UNDP activities;
   
2. 
   As a stop-gap measure intended to fill up or temporarily replace posts that are required to perform staff functions², but which have been vacated by a UNDP staff member on any form of absence or leave (annual, home, maternity/paternity leave, or special leave with or without pay, etc.), except when the purpose of the IC engagement is in accordance with (d) under “Correct Us of the IC”.
   
3. 
   As a result of an abnormally long recruitment process for a new staff member, whatever may be causing such delay;
   
4. 
   To  perform  regular and continuing functions in a Business Unit which are not time-bound nor linked to specific deliverables;
   
5. 
   As a means of  re-instating  a staff member when his or her  previous post/function has been abolished or could no longer be extended;
   
6. 
   As a means of placing a staff member on a short-term probationary or observation period, even if a competitive selection process has been completed, prior to confirming the staff member’s appointment to a fixed-term contract or other contractual modality; or
   
7. 
   When a post is created on a pilot basis and the BU would like to determine whether the said post and functions should be made a regular post/function in that same BU.
   

9. 
   Since an IC is a procurement contract modality, a distinction between staff and non-staff functions is absolutely necessary before a decision to use the IC modality is made.  Under no circumstances should a Special Services Agreement IC be used for functions normally performed by staff or in replacement of a staff member for any period of time.
   

10. 
    The following table may be used as a guide when determining whether or not an IC is appropriate for an assignment:
    

Areas of Consideration	Circumstances where IC may be an appropriate contract modality	Circumstances where IC is not the best modality / Other contract modalities must be considered
General Nature of Work	The work cannot be sourced within the internal capacity of UNDP.   The TOR and/or job title does not resemble any of those in the Generic TORs.	The work is a regular staff function. The TOR and/or job title resembles any one of those in the Generic TORs of UNDP staff.
Expected Outputs/ Deliverables	The outputs are quantifiable – they can be identified and measured.   The need for this output is one-time and definitive – once it is delivered/completed, there is no foreseen further need for such work.	It is difficult to quantify or identify the outputs because the tasks / need to perform the tasks is a going concern or must be performed on a continuous basis.
Expected Duration of work	The time to complete the task is definitive – at a certain period/date, it is not needed anymore.   The need for the task is not expected to continue / there is a clearly foreseen end of need for it.	The work is expected to be completed within a year (use TA) or beyond a 1-year period use FTA or SC if in development project context).   The need for the task is expected/likely to continue / no foreseen end of need at short term period (i.e., next 12 months).    Assuming an IC will be issued, when it expires, the BU is certain that the same type of service will still be needed.
Physical Location of the Person while performing the tasks	The work can be done/completed outside the office / few visits in the office for coordination purposes, but will not be required daily	The person performing the task must be present every day in the office, and cannot be done outside the office premises.

 

11. 
    Consistent with the overall principle of fairness and impartiality in the conduct of UNDP Procurement, individual contractors who have been involved in the preparation or formulation of a project or any project implementation activity that leads to subsequent services, including but not limited to the writing of Terms of References for services leading to the engagement of Individual Contractor, should be disqualified from the selection process for IC services arising from such work, in order to prevent situations of conflict of interest.   In the same manner, an individual contractor must neither be involved in the evaluation or assessment of a project or a project activity, if the same individual was involved in any aspects of its formulation or implementation.