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UNFPAPolicies and Procedures Manual: Human Resources Personnel Policies and ProceduresPersonnel of UNFPA: International consultants at UNFPA field duty stations

Effective 1 June 2010

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International consultants at UNFPA field duty stations

Introduction

1. These guidelines govern the delegation to CST Directors and UNFPA-appointedRepresentatives/Country Directors (hereinafter called “Representatives and CST Directors”) of theauthority to issue Special Service Agreements (SSAs) for the recruitment of international consultants inUNFPA. This delegated authority is contained in a straight forward set of procedures with the intention ofassisting Representatives and CST Directors to meet their operational needs in a timely and effectivemanner. (The delegated authority described in these guidelines also covers UNFPA Chiefs of Operations,as well as UNDP/UNFPA Representatives for those offices where there is no UNFPA Country Director.These officials are understood as being covered by references to “Representatives and CST Directors” inthese guidelines.)

2. These guidelines do not affect the existing delegations to Representatives to hire local consultantsand local temporary staff, nor do they affect the policies and procedures governing contracts for theprovision of services through Reimbursable Loan Agreements (RLAs) and Activities of Limited Duration(ALDs).

3. These guidelines govern primarily the hiring of consultants. However, temporary personnel are alsoincluded for the specific purposes mentioned in paragraphs 19 and 20. References in this document to“consultants” are to be understood as also covering the temporary personnel in the above-mentionedparagraphs.

4. This delegation entails the specific accountability of those officials who by these guidelines arenow empowered to decide and implement the specified hiring actions. This accountability is described ingreater length below, along with a mandatory mechanism for monitoring the use of this delegatedauthority. The Executive Director expects that Representatives and CST Directors will make full andresponsible use of this authority in the best interests of implementing the objectives and programmes ofthe organization.

Purpose and Use of Special Service Agreements for Consultants

5. An SSA is an employment contract for the hiring of skilled individuals as consultants for a range ofshort-duration activities. Further explanation of the duration of SSAs is provided later (see paras. 17 - 20).

6. A consultant is an independent contractor who is neither a “staff member” nor an “official” underthe Staff Regulations of the United Nations or the Convention of 13 February 1946 on the Privileges andImmunities of the United Nations. The conditions of service of a consultant are governed entirely by theterms of the contract, which must be totally consistent with the provisions of these guidelines. Consultantscarry no authority, either directly or by delegation, to bind UNFPA legally or to otherwise enter into anyagreements on behalf of UNFPA with any other international organization, government, legal entity orindividual.

7. A consultant is a person whose services are required by UNFPA on a short-term basis to provideexpertise, i.e., advisory or expert services, special skills or knowledge not present or unavailable whenneeded from the UNFPA staff, or skills for which there is no continuing need in UNFPA.



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8. The services provided by a consultant must be clearly related to the key activities in the workprogramme of the Country Office and the CST for which the services are to be performed, or to specificprogramming decisions. The services are to be performed within the timeframe stipulated in the SSA.

9. The services must not duplicate services already being offered by other UNFPA operational units,by regular UNFPA staff or by CSTs, unless extenuating circumstances exist (such as the non-availabilityof the technical skills required due to the extended absence of a staff member or conflicting prioritieswhich would prevent the provision of needed technical services in a timely manner).

Accountability of Representatives and CST Directors

10. With the approval of contracts delegated to heads of offices goes the requirement for the propermanagement of this responsibility. The following brief framework specifies the critical areas for whichRepresentatives and CST Directors will be accountable in terms of properly authorizing and managingSSA contracts, including:

(a) ensuring availability of funds and consequent budgetary authority;(b) defining terms of reference and work plans and determining that activities are non-continuing in

nature;(c) selecting a fully qualified candidate, without favouritism, through a sound and competitive

selection process;(d) ensuring that the limitation on maximum duration of contracts is strictly respected, and any

exception has prior authorization from headquarters;(e) selecting the appropriate rate of pay, resulting in a level which is fair and not excessive for the job

to be performed;(f) ensuring sound management of the induction process and the smooth payment of salaries and

other operational requirements; this includes ensuring that the terms and conditions areunderstandable and clearly communicated to candidates and personnel, and that there are realisticexpectations regarding the duration and nature of the work;

(g) managing the performance of individual hired, including decisions on contract extension, inrelation to expected results;

(h) reporting on the use of the SSA approval authority (see paras. 59 - 61).

11. Managerial and financial accountability require a system of control, monitoring and reporting. It isthe responsibility of the Representative or the CST Director to ensure that staff under their supervisionwho have roles in the operation of the decentralized SSA procedures comply with the provisions set out inthese Guidelines. As an additional aid, an easy-reference outline of the procedures is attached as AnnexA.

Financial and budgetary authority

12. Representatives and CST Directors are required to comply with the existing arrangementsconcerning the budgeting for, approval and proper use of funds for the organization’s activities. Theseguidelines do not supersede or alter those requirements.

Extent of Authority – selection, duration

13. Representatives and CST Directors may issue SSAs for international consultants whose names areincluded in the roster of consultants, within budget limits set in the project document, and for periods ofservice, in compliance with the provisions of these guidelines.



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Selection

14. The overall aim of the selection process is to ensure that a well-qualified person is selected throughan objective and competitive process and that the person can perform the job functions in a fullysatisfactory way. It has been determined that this aim can be met through a regular use of the consultantroster in the selection process.

15. Consultants whose names do not appear in the consultant roster (http://consultantroster.unfpa.org)have to be accepted for inclusion in the roster prior to the offer of an SSA. Henceforth CSTs areresponsible for entering consultants in the roster for their respective regions. (TSD will continue tomanage the roster on an overall basis, and review and enter consultants at Headquarters.) A UnitedNations Personal History Form (form P.11), Curriculum Vitae and a Consultancy Roster Application ofthe candidate should be submitted for this purpose. The United Nations Personal History Form and theConsultancy Roster Application can be accessed at: http://consultantroster.unfpa.org. It is to be noted that,from this point onwards, only consultants whom UNFPA is about to hire and who are not yet in the rosterwill be entered in the roster. For others, a standard acknowledgement letter is to be sent. (The onlyexception is for candidates interviewed for a staff position who are found to be potential candidates forconsultancies. OHR will forward such cases to TSD for entry into the roster). When a consultant isincluded in the roster, a roster ID number is assigned. This number should be referred to in evaluationreports and in summary reports completed by the country offices.

16. When selecting international consultants, the focus should be on the competence of the candidates.In addition, gender and geographic (nationality) diversity should be taken into account when selectingcandidates to be hired through SSAs.

Duration of the SSA

17. The SSA is intended to be an instrument for the short-term hiring of expertise asconsultants, contracted to provide services that are strictly temporary in nature. Short-term, forthis purpose, is defined as a period not exceeding 11 months (or 239 working days). As a matterof sound personnel policy, longer periods would require a different set of commitments on thepart of the employer and the employee, and would require a whole set of social securityprovisions, which are not possible or intended under the simple and straightforward SSAarrangement. Individuals hired under an SSA should not be given any expectation of continuingemployment with UNFPA.

18. Consultants hired under SSAs may be contracted for one or several contracts within thelimit of 11 consecutive months (or 239 working days). If a consultant has served 11 months andthe services are required for an additional period as consultant, there must be at least a four-month break in service before the consultant can be rehired under an SSA. This can also bedescribed as not serving more than 11 months (or 239 days) in any 15-month period, to deal withsituations where there may be two or more shorter consultancies, which are not necessarilyconsecutive.

Longer duration permitted in special cases

19. Two types of exceptions to the rule on maximum duration are permissible:



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(a) For functions vital to the conduct of emergency and humanitarian activities deemed to be in theoverall interest of UNFPA; and

(b) For temporary personnel who are serving as replacements for staff on special leave without payor extended sick leave.

20. In both cases mentioned above, the period beyond 11 months and not exceeding 18months in total is to be treated as an extension of the original period(s) of service.Representatives and CST Directors are authorized to approve extensions of SSAs beyond 11months for the functions involved. In every case, the reasons for the extension and anexplanation of what efforts have been made to find other means to carry out the functions mustbe described and maintained on file. Even with an SSA of 18-month duration, there are noprovisions for social security coverage (for instance, medical coverage, pension, etc.). After 18consecutive months (or 390 working days) under an SSA, there must be a break in service of atleast four months before the individual would be allowed to be re-engaged under another SSA.

Remuneration

21. The guiding principle for the setting of pay rates is that adequate and appropriate, but notexcessive, pay levels should be established in a non-arbitrary and fair way, to attract qualityservices for the work to be performed. The following general principles should be followed bythe hiring unit:

(a) The hiring unit should ensure a high degree of consistency of approach in setting payrates among different individuals hired;

(b) Inflated and excessive rates are to be avoided at all times; the rate should be adequate andfair and take into account the work to be performed and the qualities of the individualshired;

(c) The hired individuals should know what pay they will receive, and be made aware oftheir rights and obligations;

(d) The hiring unit is responsible for the prudent use of the financial resources available to it,and is accountable for the decisions taken and the pay rates it sets;

(e) The hiring unit is required to report systematically to permit a regular monitoring of theprocess (see also paras. 59 - 61).

22. An assignment under an SSA does not carry with it a level or grade with respect to aUnited Nations salary scale. Nonetheless, on the basis of the complexity of the assignment andthe degree of specialization, knowledge and skills required, it should be possible to estimate thelevel of the work in terms of responsibilities and complexity, and the United Nations-equivalentof the level of the assignment (e.g. P-2, P-4). In this connection, a flexible pay framework hasbeen developed to permit a decentralized approach to setting pay rates (see also paras. 24 – 25and Annex B). The hiring units have the authority to establish and negotiate pay levels withprospective consultants within the pay ranges that are set forth in these guidelines. The terms andconditions of remuneration of a consultant are only those that are explicitly stated in the SSA.

Procedures for pay-setting



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23. Consistency is achieved by following a systematic approach, which is non-arbitrary, and whichresults in rates which are reasonable in light of the supply and demand for the given qualifications inrelation to the work to be performed. Over a period of time, consistent rates should fall into a generalpattern in terms of level of pay for work of roughly similar levels of responsibility and complexity. OHRat headquarters has the responsibility to see that a broad consistency is gradually established acrossoffices. Hiring units, in order to ensure the required systematic approach with an aim towards consistentpaysetting, must follow these procedures in setting fees:

(a) Request that the prospective consultant complete a P-11 form to provide information on previoussalary/fee levels, especially with other UNFPA units and/or other UN Agencies. As the P-11 formstates, any misrepresentation or material omission made on a Personal History Form or otherdocument requested by the Organization is grounds for termination or dismissal;

(b) Ask the applicant about previous employment with UNFPA, UNOPS, UNDP or any other UnitedNations agency, including level and type of functions and fees received;

(c) Contact the previous hiring unit or agency and confirm the fee that was paid;

(d) Seek advice, if needed, from the Personnel Branch on appropriate fee levels, especially if theindividual has not worked before with UNFPA, UNOPS, UNDP or another UN organization;

(e) Assess the nature of the services to be provided, in terms of their complexity, difficulty, level ofresponsibility and the degree of expertise required for the job;

(f) Ascertain the qualifications and experience of the consultant, which should be commensuratewith the level and complexity of the job; and

(g) Set the level of remuneration and the total amount to be paid at the minimum amount necessary toobtain the services required by the organization.

Pay ranges for consultants

24. In setting the remuneration for a consultant hired through an SSA, pay rates should beappropriate to the tasks assigned and qualifications and experience required. Pay ranges are setout in Annex B for the guidance of the issuing office. The levels are in terms of a daily rate forconsultants. Travel, DSA and other direct costs are in addition to the daily rate.

25. It is intended that the pay rate selected for the job and responsibilities under considerationwill fall within the appropriate range referred to in Annex B. While daily rates lower than thoseshown may be negotiated, it is expected that the rate established would not be less than 80% ofthe lowest figures in Annex B. As long as the selected pay rate falls within an appropriate feerange for the level of the functions, the hiring unit may proceed to complete the necessary stepsfor negotiating and finalizing the SSA with the selected consultant (subject to the limits onduration and maximum level of remuneration under the delegated approval). If the hiring unitconsiders that it needs to offer a pay rate which exceeds the appropriate pay range in Annex B tocontract the required skills in a timely manner, the hiring unit is required to seek and obtain prior



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approval from the Chief, OHR, for which purpose a documented justification of the proposedpay rate should be submitted. A simplified format for this is provided in Annex M.

26. The pay of consultants may be set on a daily or monthly basis, or as a single lump sum,as follows:

(a) Daily rate, in which case the SSA should explicitly state the pay per day worked. This isnormally used for very short consultancies, such as for under one month. If a contract is for aperiod of one month or less, a consultant may be authorized to work as much as seven days perweek. Such authorization should be explicitly mentioned in the SSA itself.

(b) Monthly rate, which would usually apply to longer SSA contracts, with payment beginning atthe end of the first month worked. If a contract exceeds one month, the number of working daysshould not exceed the United Nations workweek in the country of assignment.

(c) A single lump sum, which would apply when the services to be provided are all inclusive,irrespective of the exact period worked. The lump sum is payable upon satisfactory completion ofthe assignment.

27. Unlike staff of the United Nations system who have several distinct pay components andallowances including additional compensation for difficult or hazardous conditions, consultants hired onSSAs have their pay as an all-inclusive amount.. Elements of compensation, such as payments forhardship, hazard pay and special travel benefits, are not to be applied as additional benefits forconsultants, over and above the amount specified in the SSA. If the consultant is likely to be workingunder such conditions and if the hiring unit considers it necessary to take such factors into account whennegotiating and setting the fee of the consultant, they may be incorporated into the pay but not specifiedas a separate benefit or entitlement. The basis for reflecting such conditions should be in line with UNsystem guidelines.

Ceiling of $30,000 for the local approval authority

28. The delegated approval authority to Representatives and CST Directors is for SSAs up toa maximum of $30,000 for any SSA issued. This ceiling applies to the consultant’sremuneration (fees) and does not apply to the cost of travel and DSA.

29. Consecutive SSAs cannot be used to circumvent the ceiling of $30,000. If there is a needfor the services of a consultant that will require a total remuneration that exceeds $30,000 tocarry out the needed work, the prior concurrence of OHR must be obtained. However, there isno financial restriction to the re-hiring of a consultant for a new assignment if it is clearly distinctand separate from a previous assignment.

30. When there is a need for an SSA contract with total exceeding $30,000, theRepresentative or the CST Director may issue such a contract only after the contract andproposed candidate have been reviewed at headquarters and have received the approval of theconcerned substantive division and OHR.



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UNFPA not responsible for taxes on income

31. The total remuneration payable to a consultant must be specified in the SSA in grossterms (i.e. before taxes). Consultants are responsible for determining their income tax liabilityvis-à-vis national and/or local authorities, and for paying any taxes or other contributions, whichmay be due on the earnings received from UNFPA. UNFPA is not responsible for the paymentor reimbursement of any taxes due on the remuneration. UNFPA reserves the right to provideinformation directly to national or local tax authorities concerning the earnings of consultants.

Token remuneration

32. Individuals who volunteer their consultancy services to UNFPA for no fee and who travelon behalf of UNFPA may be issued an SSA with either “nil” or token fees (e.g., US $1.00).When appropriate, they may be provided with a ticket and be paid travel expenses and/or DSA.

Currency of payment

33. The SSA contract must specify the amount and currency of payment. Internationalconsultants normally travel to another country to undertake their assignments and are usuallypaid in US Dollars. In the event that a consultant is not required by UNFPA to travel outside thecountry of his/her usual residence, the consultant should normally be paid in the currency of thatcountry. However, in situations of volatile local economic conditions or civil unrest, paymentcan be made in a hard currency (e.g., US Dollars). The practice of the local UNFPA or UNDPoffice regarding the currency of payment of local salaries is a reliable indicator of the bestapproach. Payment in a currency other than the local currency for consultants not required totravel outside the country of their usual residence is exceptional and may be applied only when itis legal in the governing jurisdiction. Making payments to accounts outside the country is notacceptable when doing so would circumvent local laws against payment in other than the localcurrency.

34. When payments are made in a currency other than US dollars, they will, for accountingpurposes, be considered to be equivalent to the US dollar amount converted at the UnitedNations operational rate of exchange in effect at the time of payment.

Medical Clearance

35. A consultant who has to travel as part of his/her assignment must be medically cleared before theassignment begins to ensure coverage under Appendix D (for service-incurred injury, illness and death).This is for the well being of the consultant and the avoidance of unfortunate medical situations, and toensure the timely completion of the assignment. Individual consultants must have their own medicalinsurance to cover medical expenses other than those related to the assignment.

36. The requirements regarding medical certification are spelled out in Annex G.

37. Under exceptional circumstances, the consultant may sign a waiver in which he or sheagrees to exempt UNFPA from any responsibility.



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38. In case of claims under the Appendix D provisions, the consultant should seek guidancefrom the local office or from OHR at Headquarters as to the procedures for filing a claim (whichmust be submitted within four months of the service-related illness, injury or death).

Travel and Related Matters

39. When a consultant is required and authorized to travel beyond commuting distance fromhis/her usual place of residence at UNFPA's expense, it is the sole responsibility of theconsultant to ensure that, where applicable, all necessary visas and work permits are secured.This must be done before commencing the assignment with UNFPA, and is at the consultant’sown expense. To assist in this process, UNFPA will provide a Letter of Intent. (Reimbursementof work-related expenses, such as visa, permits, and medical certificate will be reimbursed as alump sum amount to be determined locally, but not exceeding $300.) No consultant engaged towork in the United States can begin work until evidence of his/her legal status to work in theUnited States is provided to UNFPA.

40. Travel is to be in accordance with decentralized travel arrangements. While tickets arenormally purchased by UNFPA, the consultant may pre-purchase the ticket and be reimbursed byUNFPA (on the basis of the most economical route), provided there is prior authorization byUNFPA.

Daily Subsistence Allowance

41. If the consultant is required to be in travel status for an extended period of time, the usualDSA rate would be paid for the first 60 days of the assignment, after which a reduced rate wouldbe paid. Travel time is not considered working time, and hence no fees other than the DSAwould be paid for the consultant's travel time. If the consultant is eligible for the payment ofDSA , the eligibility should be explicitly stated in the SSA. The hiring unit is responsible forauthorizing payment of DSA.

(a) If the duration of the SSA is 30 days or less, DSA may be calculated as a lump sum and paid inthe form of an initial lump sum payment;

(b) If the duration of the SSA is for a period exceeding one month, payment of DSA should be madeat the beginning of each month.

United Nations Certificate

42. Offices should arrange for consultants who will be travelling in connection with theirassignment to be issued by Headquarters a United Nations Certificate (in accordance withSection 26 of Article VII of the Convention on the Privileges and Immunities of the UnitedNations). This Certificate may be used for identification purposes. It is not a travel document.The SSA holder requires a valid national passport to undertake travel in connection with theSSA. A UN Laissez-Passer is not provided to consultants.



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Leave/Holidays

43. An individual engaged under an SSA is not normally entitled to annual leave or paid sickleave. However, for SSAs of 6 months duration or longer, the consultant is authorized to takeannual leave of 1 day per month, beginning from the sixth month. (This should be stipulated inthe contract.) Consultants holding SSA contracts of less than 30 days duration will not be paidfor official holidays unless the SSA specifically states otherwise. When the duration of the SSAis greater than one month and the consultant is paid on the basis of full months of services, theconsultant is entitled to observe the official UN holidays, without any reduction in pay, and willnot be paid for work performed on official holidays.

Pension

44. Service under an SSA does not include participation in the United Nations Joint StaffPension Fund (UNJSPF). Consequently, there are no deductions made from the consultant'sremuneration for pension contribution, nor does UNFPA make any contribution to the PensionFund on the consultant's behalf. A consultant will receive no benefits from the Pension Fund inrespect of the period of service under an SSA (except in cases of consultants who are formerstaff members and are already eligible or in receipt of benefits from the Pension Fund).

Security

45. International consultants are covered under the arrangements that are in place at eachduty station for the safety and security of United Nations personnel. This includes the possibilityof security evacuation when this is authorized by UNSECOORD and the Designated Official atthe duty station.

Assessment of performance

46. In all cases, payment of fees is subject to satisfactory performance by the consultant.Each request for payment must therefore be supported by the supervisor’s written confirmationthat the work has been satisfactorily performed in a timely manner, according to the Terms ofReference. Pay may be withheld if the consultant’s services are unsatisfactory or incomplete.

47. Upon completion of the consultant’s services under the SSA, a written evaluation (See ANNEX I)of the work performed must be prepared by the supervisor and placed in the consultant’s file. Cases ofunsatisfactory performance, unprofessional behaviour or failure to adhere to or complete the terms ofreference of an assignment should be well documented. They should be brought to the attention of theappropriate Division Director, the Director TSD, and Chief, OHR not later than two weeks after anassignment has ended, so that a decision can be made whether to remove the consultant’s name from theconsultant roster and/or to carry out any further internal review or action.

Modification and extension of SSA

48. Once the hiring unit and the consultant agree on a pay level, it is expected that this rate ofpay and the total remuneration will remain unchanged throughout the contract period. Onlyhighly exceptional conditions would justify the modification of pay rates during the contract



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period. This could occur if there was a significant and unforeseen change in the duties andresponsibilities of the consultant. For instance, if a consultant as a member of a team were tounexpectedly take over as team leader with clearly more responsible functions, then the SSAcould be amended, with a revised TOR and a revised rate of pay for the remaining period (notretroactively). Unsatisfactory performance, unprofessional behaviour or failure to adhere to, orcomplete, the terms of reference of an agreement may cause the decision to suspend payment ofall or part of any amounts which may be payable to the consultant under the agreement.

49. At the end of the contractual period specified in the SSA, the hiring unit may extend theservices of the consultant, subject to complying with the guidelines regarding maximumduration. Such an extension is carried out through an amendment to the SSA (see Annex K).The rate of pay in the amended SSA would normally remain the same as it was during theoriginal period of service.

Documentation

50. It should be ensured that full documentation is on file related to the selection of the consultant, thepreparation of the SSA, the evaluation of the consultant’s work and payments made. This serves for thepurpose of both audit and accountability.

Legal Status of SSA Contractors

51. Individuals hired under SSA contracts as consultants serve in their personal capacity asindependent contractors and not as representatives of a Government, an institution, corporatebody or any other authority external to UNFPA. They are neither "staff members" under the StaffRegulations of the United States nor "officials" for the purpose of the Convention on thePrivileges and Immunities of the United Nations dated 13 February 1946. They have the status of"Expert on Mission" as covered by Section 17 of Article VI of the Convention.

Obligations

52. Individuals engaged under SSA contracts as consultants must neither seek nor acceptinstructions in respect to their duties for UNFPA from any Government or from any authorityexternal to UNFPA. During the period of their contract with UNFPA, they may not engage inany activity that is incompatible with the discharge of their duties with the Organization. Theyare required to exercise the utmost discretion in all matters of official business. They may notcommunicate to any other person, Government or authority external to UNFPA any informationknown to them by reason of their association with UNFPA which has not been made publicexcept in the course of their duties or by authorization of the Executive Director or her/hisdesignee, nor shall they at any time use such information to private advantage. These obligationsdo not lapse upon cessation of their service with UNFPA.

Title Rights

53. UNFPA shall have the right to all property rights, including but not limited to patents,copyrights, and trade-marks on material which bear a direct relation to, or are made in



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consequence of the work performed under a contract with UNFPA, unless the contract providesotherwise. At the request of UNFPA, an individual engaged as a consultant shall assist insecuring such property rights and transferring them to the Organization in compliance with therequirements of the applicable law.

Liability

54. UNFPA shall not be liable for third-party claims against the consultant, under any circumstances,notwithstanding that the act or omission in respect of which such a claim is made occurred in the courseof performing the services.

55. UNFPA accepts no responsibility for the death, illness or injury of any consultant, which is notattributable to the performance of services on behalf of UNFPA. Consultants are responsible for anyexpenses incurred as a result of such events and for arranging, at their own expense, such life, health andother forms of insurance covering the period of their services on behalf of UNFPA, as they considerappropriate. Reference is made to the provisions of Appendix D coverage for consultants. (See alsoparas. 35 - 38 above.)

Special Considerations

56. Under established United Nations policies and procedures, there are certain cases that requirespecial attention and the prior approval of the Chief, Office of Human Resources before an SSA can beissued, even if the remuneration is less than $30,000. These special cases are noted below:

(a) SSA contracts for retired United Nations staff members - Such contracts must be approved by theChief, OHR, to ensure compliance with the General Assembly decision to “set a ceiling acrossthe board of US$ 22,000 per calendar year…. for the employment of retired staff in receipt of apension from the United Nations Joint Staff Pension Fund, … and to limit such employment in allcases to no more than six months per calendar year” (General Assembly document A/51/643).UN retirees are required to submit a statement of their earnings as UN consultants during thecalendar year, for review by Headquarters prior to approval.

(b) SSA contracts for former (but not retired) United Nations staff members - Such contracts requirethe approval of the Chief, OHR, in order to verify the eligibility of the former staff member forUnited Nations system employment.

(c) SSA contracts for government employees or former government employees - Governmentemployees or employees of government institutions such as universities, including employees onleave from their jobs, or ex-government officials who have left government during the six monthspreceding the proposed SSA, can be offered SSAs only with the prior clearance of the hostgovernment.

(d) SSA contracts for close relatives - In conformity with UN policies, employment under an SSA ofa close relative (father, mother, son, daughter, brother, sister) is permitted only on an exceptionalbasis, where another person equally qualified cannot be hired. In such cases, a request for anexception, with full details of the unsuccessful search for other qualified candidates, should besubmitted to the Chief, OHR, for approval. In general, hiring offices are required to avoid anyappearance of impropriety or nepotism, particularly as it concerns the hiring of any relative orfriend.



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(e) SSA contracts for spouses of UNFPA employees - Employment of qualified spouses of UnitedNations officials is permitted. However, UN policies prohibit a direct supervisory relationshipbetween spouses working in the same office or activity. Cases where there is doubt or which maypotentially violate this restriction should be submitted for prior review to the Chief, OHR.

Termination of Agreements and Settling of Disputes

57. The SSA of a consultant may be terminated before its expiry date either by the consultant or byUNFPA by giving notice in writing to the other party. The period of notice is 5 days (unless both partiesagree to waive or shorten this requirement). Payment for services performed should be provided throughthe end of the notice period.

58. In the event of any dispute arising out of, or in connection with, the SSA, attempts should be madeto settle the matter amicably. If a settlement cannot be achieved, the matter should be notified to theDirector, TSD, the Director of the relevant Geographic Division and the Chief, OHR.

Monitoring – reporting on the use of the decentralized procedure

59. Reporting on the use of the SSA modality and particularly on the use of the decentralized approvalauthority is an important managerial responsibility of Representatives and CST Directors. It is afundamental element in the arrangements for accountability of senior officials, and for the conduct of theaudit responsibility in the organization. To ensure this and to enable OHR to monitor and evaluate thedecentralized procedure on behalf of the Executive Director, Representatives and CST Directors arerequired to report systematically on all international SSAs approved locally.

60. For this purpose a reporting sheet is attached at Annex L (a). Reporting sheets on each consultantmust be submitted to OHR within 2 weeks after the completion of each international consultancy that hasbeen approved locally under these guidelines for decentralized approval. Hiring units are also required tomaintain an annual record of all SSAs approved by or for the respective offices. This record (copy ofwhich is attached as Annex L (b) ) is completed locally by the hiring office and is maintained there aspart of the human resources records, and must be made available upon request of the auditors, OHR orother Headquarters unit.

61. The reporting requirements have been designed to be simple but mandatory. Failure to comply withthese reporting requirements will be taken into account in the assessment of the performance of theRepresentative or Director, and may also result in the suspension of the decentralized approval authority.

Assistance

62. The Office of Human Resources is available to provide advice to Representatives and CSTDirectors on the administrative measures for the recruitment of consultants under Special ServiceAgreements. In case of queries, please contact Mr. Johannes Kratzheller at telephone no. 212 297-5355 orat [email protected].



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Summary of annexes

ANNEX A Summary of Procedures for Recruitment of International Consultants on SpecialService Agreements

ANNEX B Fee Structure for International Consultants hired under Special Service Agreements

ANNEX C Outline of Conditions of Employment for Consultants hired with Special ServiceAgreements. (Note: A copy of Annex C must be given to each consultant, along with the SSA.)

ANNEX D Letter of Intent (sample), Constitutes an offers of hiring and sets out the terms of thecontract. It is subject to acceptance by the proposed consultant.

ANNEX E Application for a “United Nations Certificate” (French & English versions)

ANNEX F Instructions for the preparation of Terms of Reference for consultants.

ANNEX G Medical Clearance Procedures for SSA Recruitment.Attachment 1: Health Statement

ANNEX H Special Service Agreement - format

ANNEX I Form for Assessment of consultant’s performance

ANNEX J Certification for Payment

ANNEX K Amendment to the Agreement form.

ANNEX L (a) Form for Decentralized SSA Monitoring - to be completed for each internationalconsultant hired locally under these guidelines; and to be submitted to Chief OHR within two weeks ofthe end of each consultancy.

(b) Annual record of SSAs approved by or for the office – to be maintained on an ongoing basiswithin each office

ANNEX M Format for Requesting Approval of Exceptional Pay Rate



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ANNEX A

OUTLINE OF PROCEDURESFOR RECRUITMENT OF INTERNATIONAL CONSULTANTS

ON SPECIAL SERVICE AGREEMENTS

1. Ensure availability of funds.

2. Prepare Terms of Reference (see format in ANNEX F). Determine technical skills & experience needed, anddesired level of expertise.

3. Conduct search and select individual to be hired, bearing in mind: competitive selection; highest competence;diversity; no favouritism. If consultant had previous assignments with UNFPA contact OHR Service Team to checkperformance assessment and fees received during previous consultancies. If selected candidate is not on Roster,submit completed P.11 form, Curriculum Vitae, and Consultancy Roster Application(http://bbs/personnel/downloads.htm) to the Chief, Inter-Country Programmes and Field Support Branch, who willact as focal point in TSD for approval of the candidate and inclusion in the roster.

4. Set appropriate remuneration with the individual to be recruited (see pay ranges in ANNEX B). Pay should beadequate and fair, not excessive. Individual should be well briefed on what to expect in terms of pay and conditionsof service.

5. Issue Letter of Intent setting out contract terms (see ANNEX D). Attach Terms of Reference. Obtain acceptancefrom the proposed consultant.

6. Once acceptance is received, complete the documentation required for the hiring process:Travel Authorization ANNEX CVisa Requirements ANNEX DApplication for UN Certificate ANNEX EMedical Clearance ANNEX G

7. a) If agreed remuneration (excluding travel, DSA and expenses) is $30,000 or less, and candidate is included inRoster, issue SSA.

b) If agreed remuneration (excluding travel, DSA and expenses) is above $30,000, obtain clearance of theconcerned substantive division at HQ and OHR. Then issue SSA.

8. Follow up and complete all formalities.

9. If during the course of the SSA, an amendment should become necessary prior to the extension date of the currentSSA (e.g. to extend the SSA or to foreshorten it) complete “Amendment to the Agreement” form (ANNEX K).Ensure that the consultant and local Finance office receive copies of the amendment.

10. Monitor performance of consultant. Periodic payments are subject to satisfactory performance.

11. Assess performance and complete assessment form at end of contract. Transmit copy of assessment formelectronically to TSD, for inclusion in roster and for forwarding of copy to OHR.

12. Certify that final payment can be made and forward to local Finance Office for processing of payment.

13. Maintain on file all relevant documentation about the recruitment of the consultant, the assessment of his/herperformance, and payments made to the consultant.

14. Complete report form on each consultant (see ANNEX L (a) ), with details of the consultancy and any problemsor issues that may have arisen during the hiring process or in the administration of the SSA. Transmit form to OHR



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by e-mail [email protected]. Include summary information in the office’s annual record of SSAs serving at theduty station (see ANNEX L (b) ).



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ANNEX B

FEE STRUCTURE FOR INTERNATIONAL CONSULTANTSHIRED UNDER SPECIAL SERVICE AGREEMENTS

The following are benchmarks to ensure equity and consistency of fees for consultants. When settingconsultant pay, the following factors should be considered:

a. prevailing market forcesb. level of work in terms of responsibilities and complexity of the assignmentc. special conditions (difficult and/or hazardous conditions)d. qualifications and years of experience of the consultante. length of the assignmentf. fees paid to this consultant for previous assignments with UNFPA (or other UN agency)

When travel is required, daily subsistence allowance (DSA), tickets and terminal expenses will beprovided to the consultant over and above the agreed rate of pay.

Level: Level of Expertise: Years of RelevantExperience:

US Dollars:

1 Moderate Up to 4 years Up to 3002 Average 5 to 10 years 300 to 5503 High 11 years and more 550 to 750



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ANNEX C

OUTLINE OF CONDITIONS OF EMPLOYMENTFOR CONSULTANTS HIRED UNDER SPECIAL SERVICE AGREEMENTS

1. Travel: When a consultant is required and authorized to travel at UNFPA expense beyond commutingdistance of his/her usual place of residence, it is the sole responsibility of the consultant to ensure that, whereapplicable, all necessary visas and work permits are secured, at his/her own expense and before commencing theassignment. Reimbursement of work-related expenses such as visa, permits, and medical certificate will bereimbursed as a lump sum to be determined locally but not exceeding $300 (in case of full medical exam beingrequired, the exam can be reimbursed up to $500.) Letter of Intent (see ANNEX D) will assist consultants inobtaining the necessary visas and work permits.

2. Travel is arranged in accordance with UNFPA’s decentralized travel arrangements. Tickets should bepurchased by UNFPA. UNFPA is not responsible for tickets purchased by the consultant without prior authorizationby UNFPA. Travel time is not considered working time, and no fees other than DSA would be paid for theconsultant’s travel time. Where the consultant is requested by UNFPA to purchase his/her air tickets, UNFPA willrefund the cost as per para 1.c. of the SSA.

3. United Nations Certificate: The local office arranges for the issuance of a United Nations Certificate forconsultants who will be traveling in connection with their assignment> (See ANNEX E for the appropriateapplication.). The certificate is for identification purposes, and is not a travel document: the consultant must havea valid passport with appropriate visa. A United Nations Laissez-passer is not provided for consultants.

4. Daily Subsistence Allowance: Consultants who are required to travel outside the country of their residencewill receive a subsistence allowance at established United Nations rates for the location of their work. If theconsultant is required to be in travel status for an extended period of time at the location, the usual DSA rate wouldbe paid for the first 60 days of the assignment, after which a reduced rate would be paid, in accordance with UnitedNations procedures. The Representative or the CST Director is responsible for authorizing payment of DSA. If theduration of the SSA is 30 days or less, DSA may be calculated as a lump sum and paid in the form of an initial lumpsum payment. If the duration of the SSA is for a period exceeding one month, DSA should be paid at the beginningof each month.

5. Medical Clearance and Insurance: A consultant who has to travel, as part of his/her assignment must bemedically cleared before the assignment begins to ensure coverage under Appendix D (for service-incurred injury,illness and death). This is for the well being of the consultant and the avoidance of unfortunate medical situations,and to ensure the timely completion of the assignment. Individual consultants must have their own medicalinsurance to cover medical expenses other than those related to the assignment. Medical certification is required asfollows:

Consultants are required to submit a statement from a recognized physician certifying that the individual is ingood health, is fit to travel and has had the required inoculations for the country or countries to which theindividual is to travel. In the case of consultants over age 65, a full medical exam is required.

If the physician’s statement is qualified in any way or cannot be provided, the United Nations Medical Servicemust be consulted.

6. In case of claims under the Appendix D provisions, the consultant should seek guidance from the localoffice or from OHR at Headquarters as to the procedures for filing a claim (which must be submitted within fourmonths of the service-related illness, injury or death). This coverage does not extend to injuries while using privatelyowned vehicles.

7. Leave/Holidays: An individual engaged under an SSA is not normally entitled to annual leave or paid sickleave. However, for SSAs of 6 months duration or longer, the consultant is authorized to take annual leave of 1 day



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per month, beginning from the sixth month. (This should be stipulated in the contract.) Consultants holding SSAcontracts of less than 30 days duration will not be paid for official holidays unless the SSA specifically statesotherwise. When the duration of the SSA is greater than one month and the consultant is paid on the basis of fullmonths of services, the consultant is entitled to observe the official UN holidays, without any reduction in pay, andwill not be paid for work performed on official holidays.

8. Pension: Service under an SSA does not include participation in the United Nations Joint Staff PensionFund. There will be no deduction of pension contributions from the consultant’s remuneration, nor any accrual ofbenefits.

9. Taxation: Remuneration under an SSA is not exempt from national or local taxation. UNFPA is notresponsible for the payment or reimbursement of any taxes due on the remuneration of a consultant. The payment ofany taxes for which the consultant may be liable is the sole responsibility of the consultant. UNFPA reserves theright to directly provide national or local tax authorities information concerning the earnings of consultants.

10. Security: International consultants are covered under the arrangements that are in place at each duty stationfor the safety and security of United Nations personnel. This includes the possibility of security evacuation whenthis is authorized by UNSECOORD and the Designated Official at the duty station.



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ANNEX DLETTER OF INTENT (SAMPLE)

To: Consultant’s NameFax #:Tel. #:

From: Head of Requesting Unit,Fax #:Tel.#: Date:

Subject: Consultancy Assignment with UNFPA

We understand that you are willing to provide your services to UNFPA. We intend to cover yourservices under a Special Service Agreement (SSA, sample copy attached) under the following termsand conditions:

1. Nature of Service: Proposed assignment. (Attach Terms of Reference)2. Duration: Starting date, Ending date, number of months or working days.3. Duty Station: City, Country.4. Honorarium: Fee, Payable according to normal terms of payment and subject to receipt of

Certification for Payment form, including supervisor’s certification of satisfactory performance.5. Your attention is called to Item 4 of the Agreement. As you are traveling outside your place of

residence, we will require that you submit a medical certificate from your doctor stating that you arein good health and fit to travel.

6. Travel/Daily Subsistence Allowance (DSA): The UNFPA office will provide you with a round-tripair ticket (between originating city and duty station) plus the payment of the appropriate per diem bymeans of the applicable DSA at United Nations established rates. An American Express/an air travelrepresentative will contact you regarding ticket/DSA information.

7. Termination: The assignment may be postponed or cancelled prior to commencement of your duties,for which no compensation shall be paid to the Consultant. During the assignment, however, eitherparty may terminate this agreement at any time by giving the other party five (5) days’ notice inwriting of its intention to do so, and payment will be prorated to cover the period of servicecompleted satisfactorily.

Kindly sign below and fax your agreement of the above terms to:_______________________________________________________

Attachments: Sample SSA,Terms of Reference

I accept the above terms: _______________________ ______________________Signature Date



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ANNEX FPage 1

Instruction for preparation of Terms of Reference (TOR) for consultants

The terms of reference (TOR) for a consultant should provide a framework for both theconsultant and the requesting unit as they define the nature of the services expected. They wouldtypically include the following elements: (i) the purpose or problem to be addressed, (ii) theprofile of the consultant, (iii) the work setting, (iv) the work plan, and (v) specific conditions orspecifications which are considered essential.

1. Purpose – Provide a short statement, which is intended to provide the consultant with anunderstanding of the nature of the contribution to the program, project or initiative (e.g.,reorientation of a sub-programme from a FP to a RH care model, strengthening of capacity todeal with gender concerns, transfer of technical information, etc.). The statement should state:

(a) Who the primary client is (e.g., country office, division, government unit….);(b) What the output is (e.g., sub-programme with RH care model…);(c) What the expected outcome is (e.g., operational RH policy).

2. Profile of consultant – The profile is intended to reflect the nature of the skills, expertiseand experience, which is required to successfully carry out the assignment in question. If theunit is not clear about what expertise it is looking for, no selection process will deliver theappropriate quality of consultants. The following elements should therefore be considered.

(a) Primary expertise which is required, (e.g., non-profit sector management, contraceptivelogistics systems, qualitative data….);

(b) Educational background, including degrees and post-graduate education;(c) Work experience – the desired consultant may be expected to have produced similar

outcomes, to be familiar with a specific country or region and/or to be familiar with style andcontent of UNFPA documents;

(d) Language;(e) Computer skills if required.

3. Work setting – The consultant and the hiring unit should have an understanding of thework setting for the proposed assignment. This would include:

(a) Place, timing and duration of assignment;(b) Briefing/debriefing arrangements;(c) Independent consultant or team member;(d) Reporting relationships and identification of responsibility for assessment of the

services/outputs.



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Page 2

4. Work plan – The services to be performed are critical elements for the evaluation ofperformance of the consultant. They can be output-based when deliverables are predefined (e.g.,issue paper, draft RH policy, final population policy…) or task-based when a series of actionsand tasks are expected (e.g., organize a focus group, conduct a workshop, recommendoptions….). In developing the work plan, the following items could be considered:

(a) Scope and diversity of assignments;(b) Depth of treatment of subject matter;(c) Specific mileposts – early, intermediate and final outcomes with an associated objective;(d) Specific role and expected contribution, if member of a team;(e) Target dates for specific task;(f) End product with time frame for delivery of product.

5. Specific Conditions – The other conditions that may apply in the undertaking of theassignment may include the following:

(a) Basis of payment – either a fixed price for the provision of services, or daily or monthlyhonorarium. Progress payments associated to each output and based on acceptance of thedeliverables can be considered;

(b) Format of outputs;(c) Language of reports/publications and other documentation and working language in country

of assignment, if different;(d) Ownership of output.



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ANNEX G

MEDICAL CLEARANCE PROCEDURES FOR SSA RECRUITMENT

1.Consultants who are required by UNFPA to travel outside the country of their normal residence arerequired to submit a statement from a recognized physician certifying that the individual is ingood health, is fit to travel and has had the required inoculations for the country or countries towhich the individual is to travel. In the case of consultants over age 65, a full medical exam isrequired.

2.If the statement is qualified in any way or cannot be provided, the United Nations Medical Servicemust be consulted.

3.It is essential that the consultant be medically cleared before the assignment begins to ensureinsurance coverage under Appendix D to the Staff Regulations. Appendix D to the StaffRegulations is only applicable for service incurred injury, illness or death. It follows thatconsultants must have their own medical insurance to cover medical expenses other than thosethat are related to the assignment.



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ANNEX G: Attachment 1

HEALTH STATEMENT FOR CONSULTANTS ON SSA(valid for consultants not exceeding age 65)

Name of consultant__________________________ Date of Birth _________________

Country of proposed consultancy ___________________

I certify that the above named individual is in sound health, is fit to travel and performnormal functions for UNFPA in the country of the proposed consultancy, and has had therequired inoculations for the country or countries to which the individual is to travel.

________________ ____________________________________Date Name and signature of physician

The above consultant has been offered a Special Service Agreement commencing on the________ day of _______ 200 .

______________________________Signature of Responsible Officer

at UNFPA Office



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ANNEX H



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United Nations Population FundIndividual Consultant Contract

No.: __________

This consultant contract is made between the United Nations Population Fund (hereinafter referred to as“UNFPA”) and _______________________________________________________ (hereinafter referredto as “the individual consultant”) whose address is________________________________________________________________________.

WHEREAS UNFPA desires to engage the services of the individual consultant on the terms and conditionshereinafter set forth; andWHEREAS the individual consultant is ready and willing to accept this engagement with UNFPA on thesaid terms and conditions;NOW, THEREFORE, UNFPA and the individual consultant, jointly referred to as the Parties, hereby agreeas follows:

1. Terms of ReferenceThe individual consultant shall perform the following services as described in the Terms of Referenceattached hereto as (ANNEX I).Location(s):_______________________________________________________________________________________.Itinerary (if any):___________________________________________________________________________________.If travel is required and authorized by UNFPA, and an airline ticket is not provided by UNFPA, theindividual consultant is entitled to reimbursement of airfare for the above itinerary, upon presentation ofused ticket and ticket stubs in an amount not to exceed the economy class fare or excursion fare, ifapplicable. The individual consultant will receive a daily subsistence allowance at United Nationsauthorized base rates when traveling outside: _____________________________. Other necessary travelrelated expenses approved by UNFPA may be reimbursable on the basis of UNFPA’s current practice andauthorized rates.

2. Duration of ContractThis Contract shall commence on the ___ day of ___________ 20__, and shall expire upon satisfactorycompletion of the services described above, but not later than the ___ day of _________ 20__, unlesssooner terminated in accordance with the terms of this Contract.

3. ConsiderationAs full consideration for the services performed by the individual consultant under the terms of thisContract, UNFPA shall pay the individual consultant upon certification that the services have beensatisfactorily performed, as follows: a fee of: __________________; in currency: ____________; on a(check one) daily: __ weekly: __ monthly: __ lump sum: __ basis; amounting to a total fee of(currency and amount): ________________. Where two currencies are involved, the rate of exchange shallbe the United Nations Operational Rate of Exchange on the day UNFPA instructs that payment(s) beeffected. The fee is payable on satisfactory completion of the Contract. For payment in installments,certification of satisfactory performance at each phase is required.

Phase Amount



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4. Rights and Obligations of the Individual ConsultantThe rights and obligations of the individual consultant are strictly limited to the terms and conditions of thisContract, including its Annexes. Accordingly, the individual consultant shall not be entitled to any benefit,payment, subsidy, compensation or entitlement, unless expressly provided in this Contract. The individualconsultant shall be solely liable for claims by third parties arising from the individual consultant’s ownnegligent acts or omissions in the course of performing this Contract, and under no circumstances shallUNFPA be held liable for such claims by third parties.

5. General Conditions of Individual Consultant ContractsThis Contract is subject to the General Conditions of Individual Consultant Contracts attached hereto asANNEX II and incorporated herein by reference.

6. BeneficiaryThe individual consultant selects ___________________________ whose address is______________________________________________ as beneficiary of any amounts owed under thisAgreement in the event of death of the individual consultant while performing services hereunder.

By signing below, I, the individual consultant, acknowledge and agree that I have read and accept the termsof this Contract, including the General Conditions of Individual Consultant Contracts as set forth inANNEX II and which form an integral part of this Contract.

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

On behalf of theUnited Nations Population Fund:

Individual Consultant:

Signature:

_______________________________________________

Signature:

_______________________________________________

Date: ________________________ Date: ________________________



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ANNEX I

Terms of Reference



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[Remove this page and place Terms of Reference here]



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ANNEX II

General Conditions of Individual Consultant Contracts



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United Nations Population FundGeneral Conditions of Individual Consultant Contracts

1. Legal Status:

The individual consultant shall have the legal status of an independent contractor vis-à-vis the United Nations Population Fund(hereinafter “UNFPA”), and shall not be regarded, for any purposes, as being either a “staff member” of UNFPA or the UnitedNations, under the United Nations Staff Regulations and Rules, or an “official” of the United Nations, for purposes of the Conventionon 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 Individual Consultant Contract (hereinafter “the Contract”) shall establish therelationship of employer and employee, or of principal and agent, between the United Nations and the individual consultant(hereinafter “the Contractor”). The officials, representatives, employees or subcontractors of UNFPA and of the Contractor, if any,shall not be considered in any respect as being the employees or agents of the other, and UNFPA and the Contractor shall be solelyresponsible for all claims arising out of or relating to its engagement of such persons or entities.

2. Standards of Conduct:

In General: The Contractor shall neither seek nor accept instructions from any authority external to UNFPA in connection with theperformance of its obligations under the Contract. Should any authority external to UNFPA seek to impose any instructions on theContractor regarding the Contractor’s performance under the Contract, the Contractor shall promptly notify UNFPA and shall provideall reasonable assistance required by UNFPA. The Contractor shall not take any action in respect of its performance of the Contract orotherwise related to its obligations under the Contract that may adversely affect the interests of UNFPA, and the Contractor shallperform its obligations under the Contract with the fullest regard to the interests of UNFPA and the United Nations. The Contractorwarrants that it has not and shall not offer any direct or indirect benefit arising from or related to the performance of the Contract orthe award thereof to any representative, official, employee or other agent of UNFPA. The Contractor shall comply with all laws,ordinances, rules and regulations bearing upon the performance of its obligations under the Contract.

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

The Contractor acknowledges and agrees that any breach of any of the provisions hereof shall constitute a breach of an essential termof the Contract, and, in addition to any other legal rights or remedies available to any person, shall give rise to grounds for terminationof the Contract. In addition, nothing herein shall limit the right of UNFPA to refer any alleged breach of the foregoing standards ofconduct 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 UNFPA to the Contractor for the performance of any obligations underthe Contract shall rest with UNFPA, and any such equipment shall be returned to UNFPA at the conclusion of the Contract or when nolonger needed by the Contractor. Such equipment, when returned to UNFPA, shall be in the same condition as when delivered to theContractor, subject to normal wear and tear, and the Contractor shall be liable to compensate UNFPA for any damage or degradationof the equipment that is beyond normal wear and tear.

UNFPA shall be entitled to all intellectual property and other proprietary rights, including, but not limited to, patents, copyrights andtrademarks, with regard to products, processes, inventions, ideas, know-how or documents and other materials which the Contractorhas developed for UNFPA under the Contract and which bear a direct relation to or are produced or prepared or collected inconsequence of, or during the course of, the performance of the Contract, and the Contractor acknowledges and agrees that suchproducts, documents and other materials constitute works made for hire for UNFPA. However, to the extent that any such intellectualproperty or other proprietary rights consist of any intellectual property or other proprietary rights of the Contractor: (a) that pre-existedthe performance by the Contractor of its obligations under the Contract, or (b) that the Contractor may develop or acquire, or mayhave developed or acquired, independently of the performance of its obligations under the Contract, UNFPA does not and shall notclaim any ownership interest thereto, and the Contractor grants to UNFPA a perpetual licence to use such intellectual property or otherproprietary right solely for the purposes of and in accordance with the requirements of the Contract. At the request of UNFPA, theContractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights andtransferring or licensing them to UNFPA in compliance with the requirements of the applicable law and of the Contract. Subject to theforegoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents and all otherdata compiled by or received by the Contractor under the Contract shall be the property of UNFPA, shall be made available for use orinspection by UNFPA at reasonable times and in reasonable places, shall be treated as confidential and shall be delivered only toUNFPA 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 UNFPA or the Contractor or that are delivered or disclosed by one ofthem (“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 samecare and discretion to avoid disclosure, publication or dissemination of the Discloser’s Information as it uses with its own similar



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information that it does not wish to disclose, publish or disseminate, and the Recipient may otherwise use the Discloser’s Informationsolely for the purpose for which it was disclosed. The Recipient may disclose confidential Information to any other party with theDiscloser’s prior written consent, as well as to the Recipient’s employees, officials, representatives and agents who have a need toknow such confidential Information solely for purposes of performing obligations under the Contract. Subject to and without anywaiver of the privileges and immunities of the United Nations, including its subsidiary organs such as UNFPA, the Contractor maydisclose Information to the extent required by law, provided that the Contractor will give UNFPA sufficient prior notice of a requestfor the disclosure of Information in order to allow UNFPA to have a reasonable opportunity to take protective measures or such otheraction as may be appropriate before any such disclosure is made. UNFPA may disclose Information to the extent as required pursuantto the Charter of the United Nations, resolutions or regulations of the General Assembly, 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 withoutrestriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by theRecipient, or at any time is developed by the Recipient completely independently of any disclosures hereunder. These obligations andrestrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwiseprovided 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 Contractor is required by UNFPA to travel beyond commuting distance from the Contractor’s usual place of residence, suchtravel shall be at the expense of UNFPA and shall be governed by conditions established by UNFPA. Such travel shall be at the leastcostly airfare structure regularly available or its equivalent when by air.

UNFPA may require the Contractor to submit a statement of good health from a recognized physician prior to commencement of workin any offices or premises of UNFPA or before engaging in any travel required by UNFPA or connected with the performance of theContract. The Contractor shall provide such a statement of good health as soon as practicable following such request, and prior toengaging in any such travel, and the Contractor warrants the accuracy of any such statement, including, but not limited to,confirmation that the Contractor has been fully informed regarding the requirements for inoculations for the country or countries towhich travel may be authorized.

In the event of the death, injury or illness of the Contractor which is attributable to the performance of services on behalf of UNFPAunder the terms of the Contract while the Contractor is traveling at UNFPA expense or is performing any services under the Contractin any offices or premises of UNFPA, the Contractor or the Contractor’s dependants, as appropriate, shall be entitled to compensationequivalent to that provided under appendix D to the United Nations Staff Rules (ST/SGB/Staff Rules/Appendix D/Rev.1 andAmend.1).

6. Prohibition on Assignment; Modifications

The Contractor may not assign, delegate, transfer, pledge or make any other disposition of the Contract, of any part thereof, or of anyof the rights, claims or obligations under the Contract except with the prior written authorization of UNFPA, and any attempt to do soshall be null and void. The terms or conditions of any supplemental undertakings, licences or other forms of agreement concerning anygoods or services to be provided under the Contract shall not be valid and enforceable against UNFPA nor in any way shall constitutean agreement by UNFPA thereto, unless any such undertakings, licences or other forms of agreement are the subject of a valid writtenundertaking by UNFPA. No modification or change in the Contract shall be valid and enforceable against UNFPA unless provided bymeans of a valid written amendment to the Contract signed by the Contractor and an authorized official or appropriate contractingauthority of UNFPA.

7. Subcontractors

In the event that the Contractor requires the services of subcontractors to perform any obligations under the Contract, the Contractorshall obtain the prior written approval of UNFPA for any such subcontractors. The United Nations may, in its sole discretion, rejectany proposed subcontractor or require such subcontractor’s removal without having to give any justification therefor, and suchrejection shall not entitle the Contractor to claim any delays in the performance, or to assert any excuses for the non-performance, ofany of its obligations under the Contract. The Contractor shall be solely responsible for all services and obligations performed by itssubcontractors. The terms of any subcontract shall be subject to, and shall be construed in a manner that is fully in accordance with, allof the terms and conditions of the Contract.

8. Use of Name, Emblem, Official Seal or Logo of the United Nations or UNFPA:

The Contractor shall not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractualrelationship with UNFPA, nor shall the Contractor, in any manner whatsoever, use the name, emblem or official seal of the UnitedNations, or any abbreviation of the name of the United Nations, or the name or logo of UNFPA in connection with its business orotherwise without the written permission of UNFPA or the United Nations, as applicable.

9. Indemnification:

The Contractor shall indemnify, defend, and hold and save harmless UNFPA, and its officials, agents and employees, from and againstall suits, proceedings, claims, demands, losses and liability of any kind or nature, including, but not limited to, all litigation costs andexpenses, attorney’s fees, settlement payments and damages, based on, arising from, or relating to: (a) allegations or claims that theuse by UNFPA of any patented device, any copyrighted material or any other goods or services provided to UNFPA for its use under



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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 Contractor, or of any subcontractoror anyone directly or indirectly employed by them in the performance of the Contract, which give rise to legal liability to anyone not aparty to the Contract, including, without limitation, claims and liability in the nature of a claim for workers’ compensation.

10. Insurance:

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

11. Encumbrances and Liens:

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain onfile in any public office or on file with UNFPA against any monies due to the Contractor or to become due for any work done oragainst any goods supplied or materials furnished under the Contract, or by reason of any other claim or demand against theContractor.

12. Force Majeur; Other Changes in Conditions:

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

If the Contractor is rendered permanently unable, wholly or in part, by reason of force majeure to perform its obligations and meet itsresponsibilities under the Contract, UNFPA shall have the right to suspend or terminate the Contract on the same terms and conditionsas are provided for below, under “Termination”, except that the period of notice shall be five (5) days instead of any other period ofnotice. In any case, UNFPA shall be entitled to consider the Contractor permanently unable to perform its obligations under theContract in the case of the Contractor’s suffering any period of suspension in excess of thirty (30) days.

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 thecontrol and without the fault or negligence of the Contractor. The Contractor acknowledges and agrees that, with respect to anyobligations under the Contract that the Contractor must perform in or for any areas in which UNFPA is engaged in, preparing toengage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delay or failure to perform such obligationsarising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in andof 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 befive (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 alonger period. The initiation of conciliation or arbitral proceedings, as provided below, shall not be deemed to be a “cause” for orotherwise to be in itself a termination of the Contract. UNFPA may, without prejudice to any other right or remedy available to it,terminate the Contract forthwith in the event that: (a) the 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 Contractor isgranted a moratorium or a stay or is declared insolvent; the Contractor makes an assignment for the benefit of one or more of itscreditors; (c) a Receiver is appointed on account of the insolvency of the Contractor; (d) the Contractor offers a settlement in lieu ofbankruptcy or receivership; or (e) UNFPA reasonably determines that the Contractor has become subject to a materially adversechange in its financial condition that threatens to endanger or otherwise substantially affect the ability of the Contractor to perform anyof its obligations under the Contract.

In the event of any termination of the Contract, upon receipt of notice of termination by UNFPA, the Contractor shall, except as maybe directed by UNFPA in the notice of termination or otherwise in writing: (a) take immediate steps to bring the performance of anyobligations under the Contract to a close in a prompt and orderly manner, and in doing so, reduce expenses to a minimum; (b) refrainfrom 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 UNFPA thereunder; (d) complete performance of the work not terminated; and (e) take any other



33

action that may be necessary, or that UNFPA may direct in writing, for the protection and preservation of any property, whethertangible or intangible, related to the Contract that is in the possession of the Contractor and in which UNFPA has or may bereasonably expected to acquire an interest.

In the event of any termination of the Contract, UNFPA shall only be liable to pay the Contractor compensation on a pro rata basis forno more than the actual amount of work performed to the satisfaction of UNFPA in accordance with the requirements of the Contract.Additional costs incurred by UNFPA resulting from the termination of the Contract by the Contractor may be withheld from anyamount otherwise due to the Contractor from UNFPA.

14. Non-exclusivity:

UNFPA shall have no obligation respecting, and no limitations on, its right to obtain goods of the same kind, quality and quantity, orto 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 UnitedNations, including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt fromcustoms restrictions, duties and charges of a similar nature in respect of articles imported or exported for its official use. In the eventany governmental authority refuses to recognize the exemptions of the United Nations, including its subsidiary organs, such asUNFPA, from such taxes, restrictions, duties or charges, the Contractor shall immediately consult with UNFPA to determine amutually acceptable procedure. UNFPA shall have no liability for taxes, duties or other similar charges payable by the Contractor inrespect of any amounts paid to the Contractor under this Contract, and the Contractor acknowledges that UNFPA will not issue anystatements of earnings to the Contractor in respect of any such payments.

16. Settlement of Disputes:

Amicable Settlement: UNFPA and the Contractor shall use their best efforts to amicably settle any dispute, controversy or claimarising out of the Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlementthrough conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the United NationsCommission on International Trade Law (“UNCITRAL”), or according to such other procedure as may be agreed between the partiesin writing.

Arbitration: Any dispute, controversy or claim between the parties arising out of the Contract, or the breach, termination, or invaliditythereof, unless settled amicably, as provided above, shall be referred by either of the parties to arbitration in accordance with theUNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles ofinternational commercial law. For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary RulesGoverning 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, orof any confidential information provided under the Contract, order the termination of the Contract, or order that any other protectivemeasures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidentialinformation provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article26 (“Interim Measures of Protection”) and Article 32 (“Form and Effect of the Award”) of the UNCITRAL Arbitration Rules. Thearbitral 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”) thenprevailing, and any such interest shall be simple interest only. The parties shall be bound by any arbitration award rendered as a resultof such arbitration as the final adjudication of any such dispute, controversy or claim.

17. 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 theUnited Nations, including its subsidiary organs.



34

ANNEX IPage 1

ASSESSMENT OF CONSULTANT PERFORMANCE

I. DETAILS OF CONSULTANCY

Name of consultant:____________________________________________________________Roster ID number: ________________

This form should be completed by the person most directly acquainted with the consultant’s work, whetherhiring staff member, other officer or field coordinator.

Name of hiring staff member:____________________________________________________Name of person completing form (if different):______________________________________Position:_______________________________________________________________________Signature: __________________________ Date:______________________________________

Please indicate project number (if applicable) and title of assignment, with dates,places, number of days or months worked:________________________________________________________________________________

II. ASSESSMENT

Note: This assessment considers only the merits of the consultant on the assignmentspecified above.

Please rate items 1 to 6 below choosing the number (between 1 and 5) that best reflects your assessmentand then complete questions 7 to 10.

5 4 3 2 1Excellent Very Good Fair Poor

Good

1) Effectiveness in fulfilling assignment:

2) Level of technical competence:

3) Initiative

4) Contribution beyond specific mandate:



35

5) Familiarity with UNFPA procedures: not applicable

6) Relations with:

a) Other mission members: not applicable

b) Agencies involved: not applicable

c) Country officials: not applicable



36

ANNEX IPage 2

7) Describe output/s foreseen in Terms of Reference:___________________________________________________________________________

a) Did the output/s meet quality requirements? yes / no not applicable

b) Was it submitted on time? yes / no not applicable

c) Was it acceptable in form ? yes / no not applicable

8) Describe factors such as health, personality traits or other special circumstances,that may have affected the performance on this assignment:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

9) Would you hire this person again?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________



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10) General comments

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

III. PAYMENTPlease make payment: a) Full b) Partial %_________ c) No Payment(Full justification and documentation required in case of partial or non-payment.)



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ANNEX JUNITED NATIONS POPULATION FUND UNFPA

CERTIFICATION OF PAYMENT

1. FOR PERSONNEL USE ONLY

Name: _ ______ Vendor Number: ________

Starting/Expiry dates:

SSA No.: _ Reimbursable Loan No.: ________________ Maximum duration: ___ _____________________

Fee: ________________________ Account No.:

2.TO BE COMPLETED BY THE SUBSCRIBER

Please type or print and mail original and first and second copies, along with your travel claim (if applicable) upon completion ofassignment, to: United Nations Population Fund, 220 E.42nd Street, New York, N.Y. 10017

Attention: (Division Director/Chief) _ Room No.: _ ____________I Certify that the dates indicated below are an accurate account of the services & duties performed under the terms of this contract

Countries visited Dates worked

From/To

No. of days

worked

Total payable US$

Other

///

Please note that payment will be made in the currency of the country of the subscriber’s usual residence, unless otherwise indicated inArticle 3 of the Special Service Agreement, or paragraph 2 of the Reimbursable Loan Agreement. Payment in other than US dollars willbe made at the UN operational rate of exchange in effect at the time payment is made. Bank charges related to payment will be borne bythe subscriber . Please make payment as indicated below*:

Name of Bank: _______________________________Account Title and No.: ___________________________________________________

Address: ___________________________________________________________________________________________________________

____________________________________________ Currency of Account: ___________________________________________________

Signature: ___________________________________ Date: ________________________________________________________________

Social Security or Tax Identification No.: _________________________________(if applicable)*This information should agree with that provided in the Special Service Agreement or the Reimbursable Loan Agreement

3.Please check as appropriate TO BE COMPLETED BY THE REQUESTING OFFICER

___ Assignment in progress___ Final report accepted I certify that the work was satisfactorily performed during the above- mentioned dates:___ Final report not required___ Assessment sheet with Personnel Name: ___________________________________________________________________________ Second Assessment to be added Signature: __________________________ Date: _____________________________________

4.



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TO BE COMPLETED BY OFFICER RESPONSIBLE FOR FINANCE

To: Chief, UNDP Account Section

Please process the payment of _________________________ to the subscriber in accordance with the payment instructions given above.

_______________________________________ __________________________________ _________________________________

Examined by Signature of Certifying OfficerDate

5.____ Personnel Branch ____ Consultant ____ Originating Officer ___ Finance Branch



40

5.____ Personnel Branch ____ Consultant ____ Originating Officer ___ Local Finance Office

ANNEX KUNITED NATIONS POPULATION FUND UNFPA

AMENDMENT TO THE AGREEMENT

1. SUBSRCIBER: _________________________________________________________________________________

SPECIAL SERVICE AGREEMENT NUMBER: ____________________________ DATED: _________________

AMENDMENT NUMBER: ________________________________

ACCOUNT NUMBER: ____________________________________ VENDOR NUMBER: __________________

2. This Amendment is issued to:

All other terms of the original Agreement (and Amendment(s) ) remain unchanged

__________________________________________For the Representative or CST Director

cc: Local Finance OfficeConsultant

_________________________________________Date



41

Annex L (a)

REPORT ON DECENTRALIZED HIRING

OF INTERNATIONAL CONSULTANT UNDER SSA

Please submit completed report to OHR, c/o Chief, Personnel Branch ( [email protected])within 2 weeks of the end of each consultancy

UNFPA country office: _______________ UNFPA Representative:________________or CST Office: ___________________ CST Director: _____________________Date of report: __________________

1. Consultant’s identifying data:a) Nameb) Roster ID number

2. Nationality

3. Gender

4. Start and end dates of SSA

5. Purpose of SSA

6. Feesa) Indicate fee rate (and whether daily,

monthly or lump sum)b) Total honorariac) Source (Office budget, project, CST

budget or other)

7. Other costs (DSA, travel, lump sumexpenses)

8. Recruitment sourcea) Roster or other source (specify)b) Is the consultant a first-time

consultant with UNFPA?9. Date that Performance Assessment was

submitted to TSD

10. Describe any problems experiencedduring the recruitment of the consultant



42

or in the administration of the SSA

Annex L (b)

REPORT ON USE OF SSAs IN COUNTRY OR CST OFFICE

Report to include all SSAs working in the country or CST office during the calendar year(Report is maintained at the country level)

UNFPA country office: _______________ or CST Office: ___________________(indicate which country or which CST office)

Report for calendar year: __________________

The following fields of data are to be entered for each SSA:

1. Consultant’s name2. Consultant’s Roster ID number3. Local or international SSA4. Approved locally or by HQ4. Nationality of consultant5. Gender6. Purpose or title of SSA7. Duration of SSA (days or months)8. Daily or monthly fee (in US $)9. Total honoraria (in US $)10. Other costs (DSA, travel and other), if applicable (in US $)Funding source (office budget, CST budget, project or other)



43

ANNEX M

FORMAT FOR REQUESTING APPROVAL OF EXCEPTIONAL PAY RATE

(Request to be sent to HQ when proposed pay rate for international consultant exceeds the

allowable maximum of the pay band)

Suggested standard contents of email request to Personnel Branch at UNFPA HQ:

“This office is intending to hire (name) as consultant for (what activity in what officeor project) for a duration of (number of days or months) , scheduled to begin on(date). The work involved is estimated to be roughly equivalent to UN level (P1, P2…,D1, or L1, L2,… L6) which would be pay band (A, B or C) . I am proposing a(daily or monthly) rate of US $ (______), which exceeds the maximum of the payrange. The total cost of the honoraria would amount to _______, over the duration of theconsultancy. I request your approval of this higher pay level for the following specialreasons: a) _______; b) _______; c) _______. Kindly advise me of your approvaldecision.”