Job: Junior Consultant - Public Administration

Location: Myanmar 
Deadline: Thursday, 10 October 2013 

Description
INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Ref: 2013/UNDP/PN/MMR/035

Date: 27 September 2013

Country: Myanmar Description of the assignment: Junior Consultant-Public Administration and Development Effectiveness Period of assignment/services: 140 working days Duty Station: Yangon, with extensive travel to other States/Regions Proposal should be submitted to the Procurement Unit, UNDP Myanmar, 6 Natmauk Road, Tamwe Township, Yangon or by email to registry.mm@undp.org no later than 10 October 2013. Any request for clarification must be sent in writing, or by standard electronic communication to the address or e-mail indicated above. The Procurement Unit will respond in writing or by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all consultants.

1. BACKGROUND Myanmar has gone through a phase of unprecedented change since the November 2010 general elections. The transition to nominally civilian rule under a new Constitution was the first step in an ongoing sequence of rapid and far-reaching political and economic reforms that have unleashed tremendous changes in the political and economic landscape. In the past few years, the President and legislatures have pushed forward a remarkable transformation process that was difficult to imagine not so long ago. The 2008 Constitution provides a new framework for governance in Myanmar. The main features distinguishing it from the previous order are the distribution of power among different institutions by formally establishing a system of separation of powers among the legislative, executive and judicial branches and devolving legislative and executive powers to the 14 States and Regions. Given this new order, institutional boundaries and power sharing arrangements are not always clear, causing occasional frictions between institutions. Eventually, the way constitutional provisions will play out in practice and the system of checks and balances will largely depend on the interactions between institutions and leaders. The first stage of the reform process comprised political reforms which are still on-going and have led to

significant changes in the country, and to a rapid scaling up of development assistance. In May 2012, the President launched the second stage of reforms aimed at improving the social and economic wellbeing of the people. The economic reforms are centred on poverty reduction and inclusive growth and are guided by the President's aim to reduce poverty from 26% to 16% by 2015. The opening of the country is leading to rapid foreign investment and infrastructure development. In December 2012, the President announced the need for attention to the third wave of reforms which are required to improve the performance of the public administration and its civil service, and clarify the division of powers between the Union and the State and Regional Governments. Public sector management is thus high on the list of priorities of the Myanmar government. "Democracy will be promoted only hand in hand with good governance. This is why our government, responsible for Myanmar's democracy transition, will try hard to shape good administrative machinery". (President Speech before the Union Hluttaw, 30 March 2011). In response to the wave of reforms and the lifting of UNDP Executive Boards restrictions on UNDP operations in Myanmar, UNDP developed a new Country Programme (2013-2015) centered on three main pillars: (1) Livelihoods and Community Development, (2) Energy and Environment and (3) Policy support and Democratic Governance. Under pillar three, UNDP is supporting all branches of the government (the executive, the legislative and judiciary both at the national and sub-national level) and will improve the overall institutional environment in which citizens interact and within which economic, political, legal and administrative authority are exercised. The pillar focuses on four closely inter-connected and mutually reinforcing areas which are all essential to the strengthening of governance and social cohesion: (a) development effectiveness, (b) parliamentary strengthening, (c) rule of law and access to justice and (d) public administration reform.

2. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK

Please refer to TOR attached.

3. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS

Please refer to TOR attached.

4. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS Interested individual consultants must submit the following documents/information to demonstrate their qualifications: 1. Proposal: (i) Explaining why the Consultant is the most suitable for the work (ii) Provide a brief methodology on how the Consultant will approach and conduct the work (if applicable) 2. Financial proposal 3. Personal CV including past experience in similar projects and at least 3 references

5. FINANCIAL PROPOSAL The financial proposal shall include: (1) Daily fee (all inclusive) (2) Travel costs to join duty station/repatriation travel (UNDP will not accept travel costs exceeding those of an economy class ticket) In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses shall agreed upon, between UNDP and Individual Consultant, prior to travel and will be reimbursed

6. EVALUATION Individual consultants will be evaluated based on the following methodology: Cumulative analysis The award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

• responsive/compliant/acceptable, and
• Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. * Technical Criteria weight; [70%] * Financial Criteria weight; [30%] Only candidates obtaining a minimum of 70 points in the technical evaluation would be considered for the Financial Evaluation.

ANNEX ANNEX 1- TERMS OF REFERENCES (TOR) ANNEX 2- GENERAL CONDITIONS OF CONTRACT

TERMS OF REFERENCE FOR INDIVIDUAL CONTRACT POST TITLE: Junior Consultant - Public Administration and Development Effectiveness. UNDP Myanmar, Pillar 3 (Democratic Governance) Myanmar 140 days between 25 October 2013 to 31 May 2014

AGENCY/PROJECT NAME: COUNTRY OF ASSIGNMENT: CONTRACT DURATION 1) GENERAL BACKGROUND

Myanmar has gone through a phase of unprecedented change since the November 2010 general elections. The transition to nominally civilian rule under a new Constitution was the first step in an ongoing sequence of rapid and far-reaching political and economic reforms that have unleashed tremendous changes in the political and economic landscape. In the past few years, the President and legislatures have pushed forward a remarkable transformation process that was difficult to imagine not so long ago. The 2008 Constitution provides a new framework for governance in Myanmar. The main features distinguishing it from the previous order are the distribution of power among different institutions by formally establishing a system of separation of powers among the legislative, executive and judicial branches and devolving legislative and executive powers to the 14 States and Regions. Given this new order, institutional boundaries and power sharing arrangements are not always clear, causing occasional frictions between institutions. Eventually, the way constitutional provisions will play out in practice and the system of checks and balances will largely depend on the interactions between institutions and leaders. The first stage of the reform process comprised political reforms which are still on-going and have led to significant changes in the country, and to a rapid scaling up of development assistance. In May 2012, the President launched the second stage of reforms aimed at improving the social and economic wellbeing of the people. The economic reforms are centered on poverty reduction and inclusive growth and are guided by the President's aim to reduce poverty from 26% to 16% by 2015. The opening of the country is leading to rapid foreign investment and infrastructure development. In December 2012, the President announced the need for attention to the third wave of reforms which are required to improve the performance of the public administration and its civil service, and clarify the division of powers between the Union and the State and Regional Governments. Public sector management is thus high on the list of priorities of the Myanmar government. "Democracy will be promoted only hand in hand with good governance. This is why our government, responsible for Myanmar's democracy transition, will try hard to shape a good administrative

machinery". (President Speech before the Union Hluttaw, 30 March 2011). In response to the wave of reforms and the lifting of UNDP Executive Boards restrictions on UNDP operations in Myanmar, UNDP developed a new Country Programme (2013-2015) centered on three main pillars: (1) Livelihoods and Community Development, (2) Energy and Environment and (3) Policy support and Democratic Governance. Under pillar three, UNDP is supporting all branches of the government (the executive, the legislative and judiciary both at the national and sub-national level) and will improve the overall institutional environment in which citizens interact and within which economic, political, legal and administrative authority are exercised. The pillar focuses on four closely inter-connected and mutually reinforcing areas which are all essential to the strengthening of governance and social cohesion: (a) development effectiveness, (b) parliamentary strengthening, (c) rule of law and access to justice and (d) public administration reform. 2) OBJECTIVE OF THE ASSIGNMENT

The objective of the assignment is to support the development of work-planning and implementation of activities under the development effectiveness and public administration reform outputs. These outputs are as follows: (a) Development Effectiveness: Strengthened capacity of national institutions for socio-economic policy making, planning and development effectiveness. (b) Public Administration Responsiveness: Strengthened capacity for service delivery and improved responsiveness of the public administration reforms. He or she will work closely with the Programme Specialist (Public Administration), the Programme AnalystDevelopment Effectiveness and all consultants and technical advisors under both outputs. (Currently there are four consultants across both outputs)

3) SCOPE OF WORK

The Consultant will support the development of work-planning and implementation of activities under the development effectiveness and public administration reform outputs. These outputs are as follows: (c) Development Effectiveness: Strengthened capacity of national institutions for socio-economic policy making, planning and development effectiveness. (d) Public Administration Responsiveness: Strengthened capacity for service delivery and improved responsiveness of the public administration reforms.

Development Effectiveness Sub-Output 1 covering Development Effectiveness aims to strengthen the capacity of institutions at the Union and state/region level to collect and analyze data, and to use it to establish clear baselines and monitor progress in the implementation of development plans. Activities in this area will focus on first supporting the publication of the next Integrated Household Living Conditions Assessment (IHLCA) – UNDP's flagship product as well as other surveys focused on specific issues related to people's well-being or governance such as the socioeconomic impact of HIV and etc. The project will create a platform for integrating the most comprehensive poverty and governance data possible in Myanmar and will include important capacity-building activities related along the way. Sub-Output 2 aims to strengthen the capacity of national and state/regional institutions to formulate poverty-

focused strategies and plans with clear links to national budget, and based on sector as well as state/regional priorities. Activities in this area will build upon existing assistance to MNPED to further support the development planning processes at both Union and state/region, level in Myanmar in a more scaled-up and systematic way. Sub-Output 3 aims to strengthen the capacity of government agencies, parliament, civil society and others for transparency and accountability for progress in implementing national and regional/state level plans. The project will establish a process for engaging key stakeholders in the process of formulation, implementation and monitoring of the development plans that will be supported in the framework of output 2. Sub- Output 4 aims to strengthen the capacity of MNPED, MOF and other key governmental and nongovernmental stakeholders at the Union, state/regional and sectoral levels, to align development cooperation with national plans, budgets and monitoring and evaluation. Activities will focus on establishing a donor coordination mechanism that's fully integrated in the development planning system and an Aid Information Management system.

Public Administration Responsiveness The Public Administration responsiveness of the country programme will focus on enhancing the capacity of the civil service by strengthening integrity and representation in the ranks of the civil service and by improving the quality of training and support provided to civil servants by the Union Civil Service Board. The project will support the formulation of a road map for the reforms of the civil service and public administration and will promote innovations in public administration. Hence, it marks the beginning of a long-term engagement of the UNDP with the governance sector in Myanmar and will lay strong foundations of the future partnership. The five sub-outputs under the Public Administration Responsiveness are: Sub-Output 1: Long term modernization agenda for a ethical civil service in light of decentralization and democratic reforms; Sub-Output 2: Strengthened capacity of the union Civil Service Board (UCSB) for the development of a professional, ethical and representative civil service; Sub-Output 3: Strengthened capacity of the Civil Service Training Institutes (Phaunggi and Mandalay and others); Sub-Output 4: Strengthened capacity for the public sector through leadership and management competencies; Sub-Output 5: Targeted innovations in public service delivery adapted to the local context.

UNDP has been implementing activities under these outputs for six months, and in these six months has learnt a lot about where UNDP can have added value and impact. As the work-planning process for 2014 starts, there is a need to:

• narrow down the scope of activities under both outputs; ensure that the activities undertaken add up to have a cumulative impact on the delivery of the respective development effectiveness and public administration responsiveness outputs; broaden and deepen relationships with government and civil society counterparts and improve technical buy-in for activities from government counterparts; accelerate implementation of existing activities; Put in place long term modalities for the delivery of multi-year activities. Establish a robust monitoring and evaluation system and appropriate baselines.

The Democratic Governance Program of UNDP is looking for a Junior Consultant to support the specific objectives as above mentioned.

4) DURATION OF ASSIGNMENT, DUTY STATION AND EXPECTED PLACES OF TRAVEL

The consultant will be recruited for a period of 140 days, starting from the 1 of October 2013 and st ending on the 31 of May 2014. The duty station for the assignment will be Yangon. the consultant will be expected to travel regularly to Nay Pyi Taw (minimum one day a week) 5) FINAL PRODUCTS

st

The Consultant will work under the supervision of the Team Leader Democratic Governance. He or she will work closely with the Programme Specialist (Public Administration), the Programme Analyst- Development Effectiveness and all consultants and technical advisors under both outputs. (Currently there are four consultants in both outputs but this is likely to significantly increase) The consultant will:

• Together with the Team Leader- Democratic Governance – assist in providing strategic direction to UNDP assistance to the development effectiveness and public administration responsiveness outputs ensuring that UNDP is well positioned to support the third wave of government reforms covering administrative reforms; Assist in the day to day management of development effectiveness and public administration activities (the later until the arrival of the Development Effectiveness specialist); Carry out technical conversations with selected government counterparts (Ministry of National Planning and Economic Development, Union Civil Service Board, Ministry of Home Affairs – General Administration Department etc.) in development effectiveness and public administration activities ensuring that activities are appropriate to the context and are implemented effectively; Coordinate and develop technical inputs for the 2014 annual work plans for the Development Effectiveness and Public Administration Outputs, ensuring that activities add up to a coherent whole; In conjunction with government counterparts and national officers develop terms of reference for technical consultants; Ensure that the technical recommendations and outputs of consultants are followed up; Develop and implement options for the collection of baseline data for the development effectiveness the public administration outputs; Support Government of Myanmar, UNDP and EU and colleagues in ensuring the Sector Working Group on Public Administration Reform operates effectively; Develop and put in place multi-year implementation mechanisms for specific activities across both the development effectiveness, public administration outputs and where appropriate across Pillar 3; Mentor UNDP national staff in the appropriate use of different UNDP delivery mechanisms and procedures; and Assist the Team Leader to develop risk management tools; Develop options for working with civil society on these outputs.

Deliverables: The exact schedule of deliverables will be agreed in the first week of the consultancy. Due to the fluid environment in Myanmar, the individual consultant will at the start of each month develop a work plan in

4

consultation with the Team Leader- Democratic Governance. Payment will be made against the monthly work plan. The deliverables which will be included in the work plans: Technically robust 2014 work plans for both outputs; Technical inputs/ revision of selected reports; Technical oversight of all Development Effectiveness and public administration activities; Specific actions in support to the Public Sector Working Group Secretariat; Options for working together with civil society.

6) PROVISION OF MONITORING AND PROGRESS CONTROLS

He or she will work closely with the Programme Specialist (Public Administration), the Programme AnalystDevelopment Effectiveness and all consultants and technical advisors under both outputs. (Currently there are four consultants in both outputs) The Consultant will have monthly progress meetings during which progress reports and operational plans will be discussed. 7) DEGREE OF EXPERTISE AND QUALIFICATIONS Masters level degree in a relevant field ( i.e. Political Science, Economics, Development studies,); At least 2 years of professional experience in the field of public administration, development effectiveness and/ or capacity building; Proven technical knowledge of public administration and development effectiveness issues in transitional environments; UNDP experience in work-planning; Strong interpersonal and analytical skills Full command of English languages (written and spoken) Experience of Myanmar is an advantage Sound judgment, flexibility and adaptability, excellent communication skills, cultural sensitivity

8) REVIEW TIME REQUIRED

Required time for review is 7 days after delivery of each output. 9) CONSULTANT PRESENCE REQUIRED ON DUTY STATION/UNDP PREMISES

PARTIAL

INTERMITTENT

FULL TIME

5

GENERAL CONDITIONS OF CONTRACT FOR THE SERVICES OF INDIVIDUAL CONTRACTORS 1. LEGAL STATUS: The Individual contractor shall have the legal status of an independent contractor vis-à-vis the United Nations Development Programme (UNDP), and shall not be regarded, for any purposes, as being either a "staff member" of UNDP, under the UN' Staff Regulations and Rules, or an "official" of UNDP, for purposes of the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946. Accordingly, nothing within or relating to the Contract shall establish the relationship of employer and employee, or of principal and agent, between UNDP and the Individual contractor. The officials, representatives, employees or subcontractors of U N D P and of the Individual contractor, if any, shall not be considered in any respect as being the employees or agents of the other, and UNDP and the Individual contractor shall be solely responsible for all claims arising out of or relating to its engagement of such persons or entities. 2. STANDARDS OF CONDUCT: In General: The Individual contractor shall neither seek nor accept instructions from any authority external to UNDP in connection with the performance of its obligations under the Contract. Should any authority external to UNDP seek to impose any instructions on the Contract regarding the Individual contractor's performance under the Contract, the Individual contractor shall promptly notify UNDP and shall provide all reasonable assistance required by UNDP. The Individual contractor shall not take any action in respect of its performance of the Contract or otherwise related to its obligations under the Contract that may adversely affect the interests of UNDP, and the Individual contractor shall perform its obligations under the Contract with the fullest regard to the interests of UNDP. The Individual contractor warrants that it has not and shall not offer any direct or indirect benefit arising from or related to the performance of the Contract or the award thereof to any representative, official, employee or other agent of UNDP. The Individual contractor shall comply with all laws, ordinances, rules and regulations bearing upon the performance of its obligations under the Contract. In the performance of the Contract the Individual contractor shall comply with the standards of conduct set in the Secretary General's Bulletin ST/SGB/2002/9 of 18 June 2002, entitled "Regulations Governing the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Expert on Mission". The individual contractor must comply with all Security Directives issued by UNDP. Failure to comply with such security directives is grounds for termination of the Individual contractor for cause. Prohibition of Sexual Exploitation and Abuse: In the performance of the Contract, the Individual contractor shall comply with the standards of conduct set forth in the Secretary-General's bulletin ST/SGB/2003/13 of 9 October 2003, concerning "Special measures for protection from sexual exploitation and sexual abuse". In particular, the Individual contractor shall not engage in any conduct that would constitute sexual exploitation or sexual abuse, as defined in that bulletin. The Individual contractor acknowledges and agrees that any breach of any of the provisions hereof shall constitute a breach of an essential term of the Contract, and, in addition to any other legal rights or remedies available to any person, shall give rise to grounds for termination of the Contract. In addition, nothing herein shall limit the right of U N D P to refer any alleged breach of the foregoing standards of conduct to the relevant national authorities for appropriate legal action. 3. TITLE RIGHTS, COPYRIGHTS, PATENTS AND OTHER PROPRIETARY RIGHTS: Title to any equipment and supplies that may be furnished by UNDP to the Individual contractor for the performance of any obligations under the Contract shall rest with UNDP, and any such equipment shall be returned to UNDP at the conclusion of the C o n t r a c t or when no longer needed by the Individual contractor. Such equipment, when returned to UNDP, shall be in the same condition as when delivered to the Individual contractor, subject to normal wear and tear, and the Individual contractor shall be liable to compensate UNDP for any damage or degradation of the equipment that is beyond normal wear and tear. UNDP shall be entitled to all intellectual property and other proprietary rights, including, but not limited to, patents, copyrights and trademarks, with regard to products, processes, inventions, ideas, know-how or documents and other materials which the Individual contractor has developed for UNDP under the C o n t r a c t and which bear a direct relation to or are produced or prepared or collected in consequence of, or during the course of, the performance of the Contract, and the Individual contractor acknowledges and agrees that such products, documents and other materials constitute works made for hire for UNDP. However, to the extent that any such intellectual property or other proprietary rights consist of any intellectual property or other proprietary rights of the Individual contractor: (a) that pre-existed the performance by the Individual contractor of its obligations under the Contract, or (b) that the Individual contractor may develop or acquire, or may have developed or acquired, independently of the performance of its obligations under the Contract, UNDP does not and shall not claim any ownership interest thereto, and the Individual contractor grants to UNDP a perpetual licence to use such intellectual property or other proprietary right solely for the purposes of and in accordance with the requirements of the Contract. At the request of UNDP, the Individual contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring or licensing them to UNDP in compliance with the requirements of the applicable law and of the Contract. Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports, estimates, recommendations, documents and all other data compiled by or received by the Individual contractor under the Contract shall be the property of UNDP, shall be made available for use or inspection by UNDP at reasonable times and in reasonable places, shall be treated as confidential and shall be delivered only to UNDP authorized officials on completion of work under the Contract 4. CONFIDENTIAL NATURE OF DOCUMENTS AND INFORMATION: Information and data that are considered proprietary by either UNDP or the Individual contractor or that are delivered or disclosed by one of them ("Discloser") to the other ("Recipient ") during the course of performance of the Contract, and that are designated as confidential ("Information"), shall be held in confidence and shall be handled as follows. The Recipient of such Information shall use the same care and discretion to avoid disclosure, publication or dissemination of the Discloser 's Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate, and the Recipient may otherwise use the Discloser 's Information solely for the purpose for which it was disclosed. The Recipient may disclose confidential Information to any other party with the Discloser 's prior written consent, as well as to the Recipient 's employees, officials, representatives and agents who have a need to know such confidential Information solely for purposes of performing obligations under the Contract. Subject to and without any waiver of the privileges and immunities of UNDP, the Individual contractor may disclose Information to the extent required by law, provided that the Individual contractor will give UNDP sufficient prior notice of a request for the disclosure of Information in order to allow UNDP to have a reasonable opportunity to take protective measures or such other action as may be appropriate before any such disclosure is made. UNDP may disclose Information to the extent as required pursuant to the Charter of the United Nations, resolutions or regulations of the General Assembly or its other governing bodies, or rules promulgated by the Secretary-General. The Recipient shall not be precluded from disclosing Information that is obtained by the Recipient from a third party without restriction, is disclosed by the Discloser to a third party without any obligation of confidentiality, is previously known by the Recipient, or at any time is developed by the Recipient completely independently of any disclosures hereunder. These obligations and restrictions of confidentiality shall be effective during the term of the Contract, including any extension thereof, and, unless otherwise provided in the Contract, shall remain effective following any termination of the Contract. 5. TRAVEL, MEDICAL CLEARANCE AND SERVICE INCURRED DEATH, INJURY OR ILLNESS: If the Individual contractor is required by UNDP to travel beyond commuting distance from the Individual contractor 's usual place of residence, a n d upon prior written agreement, such travel shall be at the expense of UNDP. Such travel shall be at e c o n o m y c a r e wh e n b y a i r . UNDP may require the Individual contractor to submit a Statement of Good Health from a recognized physician prior to commencement of work in any offices or premises of UNDP or before engaging in any travel required by UNDP or connected with the performance of the Contract. The Individual contractor shall provide such a Statement of Good Health as soon as practicable following such request, and prior to engaging in any such travel, and the Individual contractor warrants the accuracy of any such Statement, including, but not limited to, confirmation that the Individual contractor has been fully informed regarding the requirements for inoculations for the country or countries to which travel may be authorized. In the event of the death, injury or illness of the Individual contractor which is attributable to the performance of services on behalf of UNDP under the terms of the Contract while the Individual contractor is traveling at UNDP expense or is performing any services under the Contract in any offices or premises of UNDP, the Individual contractor or the Individual contractor's dependants, as appropriate, shall be entitled to compensation equivalent to that provided under the UNDP insurance policy, available upon request.

1 Version 1st January 2011

6. PROHIBITION ON ASSIGNMENT; MODIFICATIONS: The Individual contractor may not assign, delegate, transfer, pledge or make any other disposition of the Contract, of any part thereof, or of any of the rights, claims or obligations under the Contract except with the prior written authorization of UNDP, and any attempt to do so shall be null and void. The terms or conditions of any supplemental undertakings, licences or other forms of Contract concerning any goods or services to be provided under the Contract shall not be valid and enforceable against UNDP nor in any way shall constitute an Contract by UNDP thereto, unless any such undertakings, licences or other forms of Contract are the subject of a valid written undertaking by UNDP. No modification or change in the Contract shall be valid and enforceable against UNDP unless provided by means of a valid written amendment to the Contract signed by the Individual contractor and an authorized official or appropriate contracting authority of UNDP. 7. SUBCONTRACTORS: In the event that the Individual contractor requires the services of subcontractors to perform any obligations under the Contract, the Individual contractor shall obtain the prior written approval of UNDP for any such subcontractors. UNDP may, in its sole discretion, reject any proposed s u b c ontractor or require such subcontractor 's removal without having to give any justification therefore, and such rejection shall not entitle the Individual contractor to claim any delays in the performance, or to assert any excuses for the non-performance, of any of its obligations under the Contract. The Individual contractor shall be solely responsible for all services and obligations performed by its subcontractors. The terms of any subcontract shall be subject to, and shall be construed in a manner that is fully in accordance with, all of the terms and conditions of the Contract. 8. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF THE UNITED NATIONS: The Individual contractor shall not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractual relationship with UNDP, nor shall the Individual contractor, in any manner whatsoever, use the name, emblem or official seal of UNDP, or any abbreviation of the name of UNDP, in connection with its business or otherwise without the written permission of UNDP. 9. INDEMNIFICATION: The Individual contractor shall indemnify, defend, and hold and save harmless UNDP, and its officials, agents and employees, from and against all suits, proceedings, claims, demands, losses and liability of any kind or nature, including, but not limited to, all litigation costs and expenses, attorney's fees, settlement payments and damages, based on, arising from, or relating to: (a) allegations or claims that the use by UNDP of any patented device, any copyrighted material or any other goods or services provided to UNDP for its use under the terms of the Contract, in whole or in part, separately or in combination, constitutes an infringement of any patent, copyright, trademark or other intellectual property right of any third party; or (b) any acts or omissions of the Individual contractor , or of any subcontractor or anyone directly or indirectly employed by them in the performance of the Contract, which give rise to legal liability to anyone not a party to the Contract, including, without limitation, claims and liability in the nature of a claim for workers ' compensation. 10. INSURANCE: The Individual contractor shall pay UNDP promptly for all loss, destruction or damage to the property of UNDP caused by the Individual contractor, or of any subcontractor, or anyone directly or indirectly employed by them in the performance of the Contract. The Individual contractor shall be solely responsible for taking out and for maintaining adequate insurance required to meet any of its obligations under the Contract, as well as for arranging, at the Individual contractor 's sole expense, such life, health and other forms of insurance as the Individual contractor may consider to be appropriate to cover the period during which the Individual contractor provides services under the Contract. The Individual contractor acknowledges and agrees that none of the insurance arrangements the Individual contractor may make shall, in any way, be construed to limit the Individual contractor 's liability arising under or relating to the Contract. 11. ENCUMBRANCES AND LIENS: The Individual contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with UNDP against any monies due to the Individual contractor or to become due for any work donor or against any goods supplied or materials furnished under the Contract, or by reason of any other claim or demand against the Individual contractor. 12. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS: In the event of and as soon as possible after the occurrence of any cause constituting force majeure , the Individual contractor shall give notice and full particulars in writing to U N D P of such occurrence or cause if the Individual contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The Individual contractor shall also notify UNDP of any other changes in conditions or the occurrence of any event, wh i c h interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in conditions or occurrence, the Individual contractor shall also submit a statement to UNDP of estimated expenditures that will likely be

incurred for the duration of the change in conditions or the event. On receipt of the notice or notices required hereunder, UNDP shall take such action as it considers, in its sole discretion, to be appropriate or necessary in the circumstances, including the granting to the Individual contractor of a reasonable extension of time in which to perform any obligations under the Contract. In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Individual contractor shall give notice and full particulars in writing to U N D P of such occurrence or cause if the Individual contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The Individual contractor shall also notify UNDP of any other changes in conditions or the occurrence of any event, wh i c h interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in conditions or occurrence, the Individual contractor shall also submit a statement to UNDP of estimated expenditures that will likely be incurred for the duration of the change in conditions or the event. On receipt of the notice or notices required hereunder, UNDP shall take such action as it considers, in its sole discretion, to be appropriate or necessary in the circumstances, including the granting to the Individual contractor of a reasonable extension of time in which to perform any obligations under the Contract. Force majeure as used herein means any unforeseeable and irresistible act of nature, any act of war (whether declared or not), invasion, revolution, insurrection, or any other acts of a similar nature or force, provided that such acts arise from causes beyond the control and without the fault or negligence of the Individual contractor. The Individual contractor acknowledges and agrees that, with respect to any obligations under the Contract that the Individual contractor must perform in or for any areas in which UNDP is engaged in, preparing to engage in, or disengaging from any peacekeeping, humanitarian or similar operations, any delay or failure to perform such obligations arising from or relating to harsh conditions within such areas or to any incidents of civil unrest occurring in such areas shall not, in and of itself, constitute force majeure under the Contract 13. TERMINATION: Either party may terminate the Contract, in whole or in part, upon giving written notice to the other party. The period of notice shall be five (5) days in the case of Contracts for a total period of less than two (2) months and fourteen (14) days in the case of contracts for a longer period. The initiation of conciliation or arbitral proceedings, as provided below, shall not be deemed to be a "cause" for or otherwise to be in itself a termination of the Contract. UNDP may, without prejudice to any other right or remedy available to it, terminate the Contract forthwith in the event that: (a) the Individual contractor is adjudged bankrupt, or is liquidated, or becomes insolvent, applies for moratorium or stay on any payment or repayment obligations, or applies to be declared insolvent; (b) the Individual contractor is granted a moratorium or a stay or is declared insolvent; the Individual contractor makes an assignment for the benefit of one or more of its creditors; (c) a Receiver is appointed on account of the insolvency of the Individual contractor ; (d) the Individual contractor offers a settlement in lieu of bankruptcy or receivership; or (e) UNDP reasonably determines that the Individual contractor has become subject to a materially adverse change in its financial condition that threatens to endanger or otherwise substantially affect the ability of the Individual contractor to perform any of its obligations under the Contract. In the event of any termination of the Contract, upon receipt of notice of termination by UNDP, the Individual contractor shall, except as may be directed by UNDP in the notice of termination or otherwise in writing: (a) take immediate steps to bring the performance of any obligations under the Contract to a close in a prompt and orderly manner, and in doing so, reduce expenses to a minimum; (b) refrain from undertaking any further or additional commitments under the Contract as of and following the date of receipt of such notice; (c) deliver all completed or partially completed plans, drawings, information and other property that, if the Contract had been completed, would be required to be furnished to UNDP thereunder; (d) complete performance of the work not terminated; and (e) take any other action that may be necessary, or that UNDP may direct in writing, for the protection and preservation of any property, whether tangible or intangible, related to the Contract that is in the possession of the Individual contractor and in which UNDP has or may be reasonably expected to acquire an interest. In the event of any termination of the Contract, UNDP shall only be liable to pay the Individual contractor compensation on a pro rata basis for no more than the actual amount of work performed to the satisfaction of UNDP in accordance with the requirements of the Contract. Additional costs incurred by UNDP resulting from the termination of the Contract by the Individual contractor may be withheld from any amount otherwise due to the Individual contractor from UNDP.. 14. NON-EXCLUSIVITY: UNDP shall have no obligation respecting, and no limitations on, its right to obtain goods of the same kind, quality and quantity, or to obtain any services of the kind described in the Contract, from any other source at any time. 15. TAXATION: Article II, section 7, of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the United Nations,

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including its subsidiary organs, is exempt from all direct taxes, except charges for public utility services, and is exempt from customs restrictions, duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the exemptions of the United Nations from such taxes, restrictions, duties or charges, the Individual contractor shall immediately consult with UNDP to determine a mutually acceptable procedure. UNDP shall have no liability for taxes, duties or other similar charges payable by the Individual contractor in respect of any amounts paid to the Individual contractor under this Contract, and the Individual contractor acknowledges that UNDP will not issue any statements of earnings to the Individual contractor in respect of any such payments. 16. AUDITS AND INVESTIGATIONS: Each invoice paid by UNDP shall be subject to a post-payment audit by auditors, whether internal or external, of UNDP or by other authorized and qualified agents of UNDP at any time during the term of the Contract and for a period of two (2) years following the expiration or prior termination of the Contract. UNDP shall be entitled to a refund from the Individual contractor for any amounts shown by such audits to have been paid by UNDP other than in accordance with the terms and conditions of the Contract. The Individual contractor acknowledges and agrees that, from time to time, UNDP may conduct investigations relating to any aspect of the Contract or the award thereof, the obligations performed under the Contract, and the operations of the Individual contractor generally relating to performance of the Contract. The right of UNDP to conduct an investigation and the Individual contractor's obligation to comply with such an investigation shall not lapse upon expiration or prior termination of the Contract. The Individual contractor shall provide its full and timely cooperation with any such inspections, post-payment audits or investigations. Such cooperation shall include, but shall not be limited to, the Individual contractor's obligation to make available its personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant to UNDP access to the Individual contractor's premises at reasonable times and on reasonable conditions in connection with such access to the Individual contractor's personnel and relevant documentation. The Individual contractor shall require its agents, including, but not limited to, the Individual contractor's attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-payment audits or investigations carried out by UNDP hereunder. 17. SETTLEMENT OF DISPUTES: AMICABLE SETTLEMENT: UNDP and the Individual contractor shall use their best efforts to amicably settle any dispute, controversy or claim arising out of the Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the United Nations Commission on International Trade Law ("UNCITRAL"), or according to such other procedure as may be agreed between the parties in writing. ARBITRATION: Any dispute, controversy or claim between the parties arising out of the Contract, or the breach, termination, or invalidity thereof, unless settled amicably, as provided above, shall be referred by either of the parties to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The decisions of the arbitral tribunal shall be based on general principles of international commercial law. For all evidentiary questions, the arbitral tribunal shall be guided by the Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration of the International Bar Association, 28 May 1983 edition. The arbitral tribunal shall be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the C o n t r a c t , order the termination of the Contract, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Contract, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 ("Interim Measures of Protection ") and Article 32 ("Form and Effect of the Award ") of the UNCITRAL Arbitration Rules. The arbitral tribunal shall have no authority to award punitive damages. In addition, unless otherwise expressly provided in the Contract, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate ( "LIBOR ") then prevailing, and any such interest shall be simple interest only. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy or claim. 18. PRIVILEGES AND IMMUNITIES: Nothing in or relating to the Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs. – oOOo –

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