Job: Project Coordinator

Location: Yangon, Myanmar 
Deadline: Wednesday, 16 October 2013 

Description

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Ref: 2013/UNDP/PN/MMR/037

Date: 3 October 2013

Country: Myanmar

Description of the assignment: Project Coordinator

Period of assignment/services: 3 months

Duty Station: Yangon

Proposal should be submitted to the Procurement Unit, UNDP Myanmar, 6 Natmauk Road, TamweTownship, Yangon or by email to registry.mm@undp.org

no later than 16 October 2013.

Any request for clarification must be sent in writing, or by standard electronic communication to theaddress or e-mail indicated above. The Procurement Unit will respond in writing or by standardelectronic mail and will send written copies of the response, including an explanation of the querywithout identifying the source of inquiry, to all consultants.

1. BACKGROUND

UNDP Myanmar has developed a new programme for 2013-2015 with the aim to promoting localgovernance, growth and sustainable development with the emphasis on rights-based, gender sensitive,inclusive and equity. This goal will be pursued through three complementary pillars; Pillar I - SustainableInclusive Community Development, Pillar II - Climate Change, Environment, Energy and Disaster RiskReduction, and Pillar 3-Policy Advocacy, Analysis and Democratic Governance. Pillar II of the CountryProgramme is focused on strengthening capacities at local, regional and national level to manage andutilize natural resources in a sustainable way, to enhance resilience and adaptive capacity to long-termclimate change including variability impacts and to reduce the associated risk of natural disasters. During2013, Pillar II covers the DRR project, Environment conservation related projects and a pilot project forRural Renewable Energy (RRE).UNDP is recruiting a DRR Project Coordinator to support the Pillar II Team in rolling out the projects andtheir implementation.

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 demonstratetheir qualifications:

1. Application including a brief explanation

2. Personal CV including past experience in similar projects and at least 3 references

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

Terms of Reference

I. Post Information

Job Title:Duty Station:Type of Contract:Duration:Project Coordinator (Pillar II)YangonIndividual Contract (equivalent to SC 7)(3) months

II. Organizational Context

UNDP Myanmar has developed a new programme for 2013-2015 with the aim topromoting local governance, growth and sustainable development with theemphasis on rights-based, gender sensitive, inclusive and equity. This goal will bepursued through three complementary pillars;Pillar I - Sustainable InclusiveCommunity Development, Pillar II - Climate Change, Environment, Energy andDisaster Risk Reduction, and Pillar 3-Policy Advocacy, Analysis and DemocraticGovernance.

Pillar II of the Country Programme is focused on strengthening capacities at local,regional and national level to manage and utilize natural resources in a sustainableway, to enhance resilience and adaptive capacity to long-term climate changeincluding variability impacts and to reduce the associated risk of natural disasters. During 2013, Pillar II covers the DRR project, Environment conservation relatedprojects and a pilot project for Rural Renewable Energy (RRE).

UNDP is recruiting a DRR Project Coordinator to support the Pillar II Team in rollingout the projects and their implementation.

III. Duties and Responsibilities

Under the supervision and overall administrative guidance of the Team Leader_PillarII, and in close coordination with Programme Associates, the DRR ProjectCoordinator will support smooth implementation and enhance the quality of theproject activities. The DRR Coordinator will report directly to the Team Leader_PillarII.The Project Coordinator will be responsible for the following:

• Coordinate with different actors in the related field of work including government departments, professional agencies and development agencies.

• Assist in conducting project events, appointments and meetings, and arrange logistics for the events in coordination with operations;

• Prepare correspondence to support project coordination with other agencies

• Assist in systematic documentation of reports relating to the projects;

• Organize necessary arrangement for workshops and participate in the projects' related activities; andAssist for smooth implementation of the day to day projects' activities.

IV. Deliverables

The nature of the assignment involves daily coordination activities. The ProjectCoordinator will prepare a monthly report on his/her accomplished tasks and willsubmit to the Team Leader_Pillar II.During the assignment period, the Project Coordinator will be involved in thefollowing key project activities;

• International Day for Disaster Reduction (11 October 2013)

• Consultation Workshop on Disaster Management Regulations (22-23 October 2013)

• ASEAN Regional Forum on Recovery Planning (5-7 November 2013)

• DRR Institutional Capacity Assessment (International consultant)

• DRR Public Awareness Strategy development (International consultant)

• RRE feasibility assessment (International consultant and local consultant)

• REDD + Naga land CSO capacity Assessment (local consultant)

• Project Proposal Development on Biodiversity Project

• Small Grant Programme Formulation

• Environmental Standard and Procedures

• Technical support to Forest Department on finalization of Inle Lake

Conservation Long-term Plan, and experience sharing workshop on LakeAuthority

V. Recruitment Qualifications

Education:

• University graduate in any field of studies,preferably in development studies, socialscience, environmental conservation andrelated field.

Experience:

• Minimum (3) year experience in projectcoordination and management.
• Working experience/ knowledge inUNDP project implementation and itsrelated procurement procedures.
• Proficient in using the prevalentcomputer applications (wordprocessing, presentations, email, etc.);Self-motivated, ability to work withminimum supervision;
• Good communication andinterpersonal skills, team oriented workstyle;
• Demonstrated ability to work underpressure, multi-task and meetdeadlines;
• Ability to work in a multi-culturalenvironment;
• Good humour, patience, high energy,and a shared belief in UNDP's mission.

Language Requirements:

• Fluency in spoken and written English anabsolute requirement.

Other: Knowledge of UN/UNDP and of their work onDRR in Myanmar will be considered aparticular asset.

GENERAL CONDITIONS OF CONTRACTFOR THE SERVICES OF INDIVIDUAL CONTRACTORS

1. LEGAL STATUS:

The Individual contractor shall have the legal status of anindependent contractor vis-à-vis the United Nations Development Programme(UNDP), and shall not be regarded, for any purposes, as being either a 'staffmember' of UNDP, under the UN' Staff Regulations and Rules, or an 'official' ofUNDP, for purposes of the Convention on the Privileges and Immunities of theUnited Nations, adopted by the General Assembly of the United Nations on 13February 1946. Accordingly, nothing within or relating to the Contract shallestablish the relationship of employer and employee, or of principal andagent, between UNDP and the Individual contractor. The officials,representatives, employees or subcontractors of U N D P and of the Individualcontractor, if any, shall not be considered in any respect as being the employees oragents of the other, and UNDP and the Individual contractor shall be solelyresponsible for all claims arising out of or relating to its engagement of suchpersons or entities.

2. STANDARDS OF CONDUCT:

In General:

The Individual contractor shallneither seek nor accept instructions from any authority external to UNDP inconnection with the performance of its obligations under the Contract. Should anyauthority external to UNDP seek to impose any instructions on the Contractregarding the Individual contractor's performance under the Contract, theIndividual contractor shall promptly notify UNDP and shall provide all reasonableassistance required by UNDP. The Individual contractor shall not take any actionin respect of its performance of the Contract or otherwise related to itsobligations under the Contract that may adversely affect the interests of UNDP,and the Individual contractor shall perform its obligations under the Contractwith the fullest regard to the interests of UNDP. The Individual contractorwarrants that it has not and shall not offer any direct or indirect benefitarising from or related to the performance of the Contract or the award thereof toany representative, official, employee or other agent of UNDP. The Individualcontractor shall comply with all laws, ordinances, rules and regulations bearingupon the performance of its obligations under the Contract. In the performance ofthe Contract the Individual contractor shall comply with the standards of conduct set inthe Secretary General's Bulletin ST/SGB/2002/9 of 18 June 2002, entitled 'RegulationsGoverning the Status, Basic Rights and Duties of Officials other than SecretariatOfficials, and Expert on Mission'.

The individual contractor must comply with allSecurity Directives issued by UNDP. Failure to comply with such security directives isgrounds for termination of the Individual contractor for cause.Prohibition of Sexual Exploitation and Abuse: In the performance of theContract, the Individual contractor shall comply with the standards of conductset forth in the Secretary-General's bulletin ST/SGB/2003/13 of 9 October2003, concerning 'Special measures for protection from sexual exploitation andsexual abuse'. In particular, the Individual contractor shall not engage in anyconduct that would constitute sexual exploitation or sexual abuse, as definedin that bulletin.The Individual contractor acknowledges and agrees that any breach of any of theprovisions 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, shallgive rise to grounds for termination of the Contract. In addition, nothing hereinshall limit the right of U N D P to refer any alleged breach of the foregoingstandards of conduct to the relevant national authorities for appropriate legalaction.

3. TITLE RIGHTS, COPYRIGHTS, PATENTS AND OTHER PROPRIETARYRIGHTS:

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 toUNDP at the conclusion of the Contractor when no longer needed by the

Individual contractor. Such equipment, when returned to UNDP, shall be in thesame condition as when delivered to the Individual contractor, subject to normalwear and tear, and the Individual contractor shall be liable to compensate UNDPfor any damage or degradation of the equipment that is beyond normal wear andtear.UNDP shall be entitled to all intellectual property and other proprietary rights,including, but not limited to, patents, copyrights and trademarks, withregard to products, processes, inventions, ideas, know-how or documents andother materials which the Individual contractor has developed for UNDP underthe Contract 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 theContract, and the Individual contractor acknowledges and agrees that suchproducts, documents and other materials constitute works made for hirefor UNDP. However, to the extent that any such intellectual property or otherproprietary rights consist of any intellectual property or other proprietary rightsof the Individual contractor: (a) that pre-existed the performance by the Individualcontractor of its obligations under the Contract, or (b) that the Individualcontractor may develop or acquire, or may have developed or acquired,independently of the performance of its obligations under the Contract, UNDPdoes not and shall not claim any ownership interest thereto, and theIndividual contractor grants to UNDP a perpetual licence to use suchintellectual property or other proprietary right solely for the purposes of andin accordance with the requirements of the Contract. At the request of UNDP,the Individual contractor shall take all necessary steps, execute all necessarydocuments and generally assist in securing such proprietary rights andtransferring or licensing them to UNDP in compliance with the requirementsof 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 theIndividual contractor under the Contract shall be the property of UNDP, shall bemade available for use or inspection by UNDP at reasonable times and inreasonable places, shall be treated as confidential and shall be delivered only toUNDP 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 theIndividual contractor or that are delivered or disclosed by one of them('Discloser') to the other ('Recipient') during the course of performance ofthe Contract, and that are designated as confidential ('Information'), shall beheld in confidence and shall be handled as follows. The Recipient of suchInformation shall use the same care and discretion to avoid disclosure,publication or dissemination of the Discloser's Information as it uses with itsown similar information that it does not wish to disclose, publish ordisseminate, and the Recipient may otherwise use the Discloser's Informationsolely for the purpose for which it was disclosed. The Recipient may discloseconfidential Information to any other party with the Discloser's prior writtenconsent, as well as to the Recipient's employees, officials, representatives andagents who have a need to know such confidential Information solely forpurposes of performing obligations under the Contract. Subject to and without anywaiver of the privileges and immunities of UNDP, the Individual contractor maydisclose Information to the extent required by law, provided that the Individualcontractor will give UNDP sufficient prior notice of a request for the disclosureof Information in order to allow UNDP to have a reasonable opportunity totake protective measures or such other action as may be appropriate before anysuch disclosure is made. UNDP may disclose Information to the extent asrequired pursuant to the Charter of the United Nations, resolutions orregulations of the General Assembly or its other governing bodies, or rulespromulgated by the Secretary-General. The Recipient shall not be precludedfrom disclosing Information that is obtained by the Recipient from a third partywithout restriction, is disclosed by the Discloser to a third party without anyobligation of confidentiality, is previously known by the Recipient, or at any time isdeveloped by the Recipient completely independently of any disclosures hereunder.These obligations and restrictions of confidentiality shall be effective during theterm of the Contract, including any extension thereof, and, unless otherwiseprovided in the Contract, shall remain effective following any termination ofthe Contract.

5. TRAVEL, MEDICAL CLEARANCE AND SERVICE INCURRED DEATH,INJURY OR ILLNESS:

If the Individual contractor is required by UNDP totravel beyond commuting distance from the Individual contractor's usual placeof residence, a n d upon prior written agreement, such travel shall be at the expense of UNDP. Such travel shall be at economy care when by air. UNDP may require the Individual contractor to submit a Statement of Good Health from a recognized physician prior to commencement of work in any officesor premises of UNDP or before engaging in any travel required by UNDP orconnected with the performance of the Contract. The Individual contractor shall provide such a Statement of Good Health as soon as practicable followingsuch request, and prior to engaging in any such travel, and theIndividual contractor warrants the accuracy of any such Statement,including, but not limited to, confirmation that the Individual contractor hasbeen fully informed regarding the requirements for inoculations for the countryor countries to which travel may be authorized.

In the event of the death, injury or illness of the Individual contractor which isattributable to the performance of services on behalf of UNDP under the terms ofthe Contract while the Individual contractor is traveling at UNDP expense or isperforming 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 UNDPinsurance policy, available upon request.1Version 1st January 2011

6. PROHIBITION ON ASSIGNMENT; MODIFICATIONS:

The Individualcontractor may not assign, delegate, transfer, pledge or make any otherdisposition of the Contract, of any part thereof, or of any of the rights, claimsor obligations under the Contract except with the prior written authorization ofUNDP, and any attempt to do so shall be null and void. The terms orconditions of any supplemental undertakings, licences or other forms ofContract concerning any goods or services to be provided under the Contractshall not be valid and enforceable against UNDP nor in any way shall constitute anContract by UNDP thereto, unless any such undertakings, licences or other formsof Contract are the subject of a valid written undertaking by UNDP. Nomodification or change in the Contract shall be valid and enforceable againstUNDP unless provided by means of a valid written amendment to the Contractsigned by the Individual contractor and an authorized official or appropriatecontracting authority of UNDP.

7. SUBCONTRACTORS:

In the event that the Individual contractor requires theservices of subcontractors to perform any obligations under the Contract, theIndividual contractor shall obtain the prior written approval of UNDP for anysuch subcontractors. UNDP may, in its sole discretion, reject any proposeds u b c ontractor or require such subcontractor's removal without having to giveany justification therefore, and such rejection shall not entitle the Individualcontractor to claim any delays in the performance, or to assert any excuses forthe non-performance, of any of its obligations under the Contract. The Individualcontractor shall be solely responsible for all services and obligations performed byits subcontractors. The terms of any subcontract shall be subject to, and shall beconstrued in a manner that is fully in accordance with, all of the terms andconditions of the Contract.

8. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF THE UNITEDNATIONS:

The Individual contractor shall not advertise or otherwise makepublic for purposes of commercial advantage or goodwill that it has a contractualrelationship with UNDP, nor shall the Individual contractor, in any mannerwhatsoever, use the name, emblem or official seal of UNDP, or any abbreviation ofthe name of UNDP, in connection with its business or otherwise without the writtenpermission of UNDP.

9. INDEMNIFICATION:

The Individual contractor shall indemnify, defend, andhold and save harmless UNDP, and its officials, agents and employees, fromand against all suits, proceedings, claims, demands, losses and liability of anykind or nature, including, but not limited to, all litigation costs and expenses,attorney's fees, settlement payments and damages, based on, arising from, orrelating to: (a) allegations or claims that the use by UNDP of any patenteddevice, any copyrighted material or any other goods or services provided to UNDPfor its use under the terms of the Contract, in whole or in part, separately or incombination, constitutes an infringement of any patent, copyright, trademark orother intellectual property right of any third party; or (b) any acts or omissions ofthe Individual contractor , or of any subcontractor or anyone directly or indirectlyemployed by them in the performance of the Contract, which give rise to legalliability 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 Individualcontractor, or of any subcontractor, or anyone directly or indirectly employedby them in the performance of the Contract. The Individual contractor shallbe solely responsible for taking out and for maintaining adequate insurancerequired to meet any of its obligations under the Contract, as well as forarranging, at the Individual contractor 's sole expense, such life, health and otherforms of insurance as the Individual contractor may consider to be appropriate tocover the period during which the Individual contractor provides services underthe Contract. The Individual contractor acknowledges and agrees that noneof the insurance arrangements the Individual contractor may make shall, inany way, be construed to limit the Individual contractor's liability arisingunder or relating to the Contract.

11. ENCUMBRANCES AND LIENS:

The Individual contractor shall not cause orpermit any lien, attachment or other encumbrance by any person to be placed onfile or to remain on file in any public office or on file with UNDP against anymonies due to the Individual contractor or to become due for any work donor oragainst any goods supplied or materials furnished under the Contract, or byreason of any other claim or demand against the Individual contractor.

12. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS:

In the eventof and as soon as possible after the occurrence of any cause constitutingforce majeure, the Individual contractor shall give notice and full particulars inwriting to U N D P of such occurrence or cause if the Individual contractor isthereby rendered unable, wholly or in part, to perform its obligations and meet itsresponsibilities under the Contract. The Individual contractor shall also notifyUNDP of any other changes in conditions or the occurrence of any event, which interferes or threatens to interfere with its performance of the Contract.Not more than fifteen (15) days following the provision of such notice of forcemajeure or other changes in conditions or occurrence, the Individual contractorshall also submit a statement to UNDP of estimated expenditures that will likely beincurred for the duration of the change in conditions or the event. On receipt ofthe notice or notices required hereunder, UNDP shall take such action as itconsiders, in its sole discretion, to be appropriate or necessary in thecircumstances, including the granting to the Individual contractor of areasonable 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 causeconstituting force majeure, the Individual contractor shall give notice and fullparticulars in writing to U N D P of such occurrence or cause if the Individualcontractor is thereby rendered unable, wholly or in part, to perform its obligationsand meet its responsibilities under the Contract. The Individual contractor shallalso notify UNDP of any other changes in conditions or the occurrence of anyevent, wh i c h interferes or threatens to interfere with its performance of theContract. Not more than fifteen (15) days following the provision of such noticeof force majeure or other changes in conditions or occurrence, the Individualcontractor shall also submit a statement to UNDP of estimated expenditures thatwill 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 suchaction as it considers, in its sole discretion, to be appropriate or necessaryin the circumstances, including the granting to the Individual contractor ofa reasonable extension of time in which to perform any obligations under theContract.Force majeure as used herein means any unforeseeable and irresistible act ofnature, any act of war (whether declared or not), invasion, revolution,insurrection, or any other acts of a similar nature or force, provided that suchacts arise from causes beyond the control and without the fault or negligenceof the Individual contractor. The Individual contractor acknowledges and agreesthat, with respect to any obligations under the Contract that the Individualcontractor must perform in or for any areas in which UNDP is engagedin, preparing to engage 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 incidentsof civil unrest occurring in such areas shall not, in and of itself, constitute forcemajeure 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) daysin 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 arbitralproceedings, as provided below, shall not be deemed to be a 'cause' for or otherwise tobe in itself a termination of the Contract. UNDP may, without prejudice to any otherright or remedy available to it, terminate the Contract forthwith in the event that: (a) theIndividual contractor is adjudged bankrupt, or is liquidated, or becomes insolvent,applies for moratorium or stay on any payment or repayment obligations, or applies tobe declared insolvent; (b) the Individual contractor is granted a moratorium or a stay oris declared insolvent; the Individual contractor makes an assignment for the benefit ofone or more of its creditors; (c) a Receiver is appointed on account of the insolvency ofthe Individual contractor ; (d) the Individual contractor offers a settlement in lieu ofbankruptcy or receivership; or (e) UNDP reasonably determines that the Individualcontractor has become subject to a materially adverse change in its financial conditionthat threatens to endanger or otherwise substantially affect the ability of the Individualcontractor to perform any of its obligations under the Contract.In the event of any termination of the Contract, upon receipt of notice of termination byUNDP, the Individual contractor shall, except as may be directed by UNDP in thenotice of termination or otherwise in writing: (a) take immediate steps to bring theperformance of any obligations under the Contract to a close in a prompt and orderlymanner, and in doing so, reduce expenses to a minimum; (b) refrain from undertakingany further or additional commitments under the Contract as of and following the dateof 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 ofthe work not terminated; and (e) take any other action that may be necessary, or thatUNDP 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 theIndividual contractor and in which UNDP has or may be reasonably expected to acquirean interest.In the event of any termination of the Contract, UNDP shall only be liable to pay theIndividual contractor compensation on a pro rata basis for no more than the actualamount of work performed to the satisfaction of UNDP in accordance with therequirements of the Contract. Additional costs incurred by UNDP resulting from thetermination of the Contract by the Individual contractor may be withheld from anyamount otherwise due to the Individual contractor from UNDP..

14. NON-EXCLUSIVITY:

UNDP shall have no obligation respecting, and nolimitations 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 andImmunities of the United Nations provides, inter alia, that the United Nations,2Version 1st January 2011including its subsidiary organs, is exempt from all direct taxes, except charges forpublic utility services, and is exempt from customs restrictions, duties andcharges of a similar nature in respect of articles imported or exported for itsofficial use. In the event any governmental authority refuses torecognize the exemptions of the United Nations from such taxes,restrictions, duties or charges, the Individual contractor shall immediatelyconsult with UNDP to determine a mutually acceptable procedure. UNDPshall have no liability for taxes, duties or other similar charges payable by theIndividual contractor in respect of any amounts paid to the Individual contractorunder this Contract, and the Individual contractor acknowledges that UNDP willnot issue any statements of earnings to the Individual contractor in respect of anysuch 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 ofUNDP at any time during the term of the Contract and for a period of two (2) yearsfollowing the expiration or prior termination of the Contract. UNDP shall be entitled toa refund from the Individual contractor for any amounts shown by such audits to havebeen paid by UNDP other than in accordance with the terms and conditions of theContract.The Individual contractor acknowledges and agrees that, from time to time, UNDP mayconduct investigations relating to any aspect of the Contract or the award thereof, theobligations performed under the Contract, and the operations of the Individualcontractor generally relating to performance of the Contract. The right of UNDP toconduct an investigation and the Individual contractor's obligation to comply with suchan investigation shall not lapse upon expiration or prior termination of the Contract.The Individual contractor shall provide its full and timely cooperation with any suchinspections, post-payment audits or investigations. Such cooperation shall include, butshall not be limited to, the Individual contractor's obligation to make available itspersonnel and any relevant documentation for such purposes at reasonable times and onreasonable conditions and to grant to UNDP access to the Individual contractor'spremises at reasonable times and on reasonable conditions in connection with suchaccess to the Individual contractor's personnel and relevant documentation. TheIndividual contractor shall require its agents, including, but not limited to, the Individualcontractor's attorneys, accountants or other advisers, to reasonably cooperate with anyinspections, post-payment audits or investigations carried out by UNDP hereunder.

17. SETTLEMENT OF DISPUTES:

AMICABLE SETTLEMENT:

UNDP and the Individual contractor shall use theirbest efforts to amicably settle any dispute, controversy or claim arising out of theContract or the breach, termination or invalidity thereof. Where the parties wishto seek such an amicable settlement through conciliation, the conciliation shalltake place in accordance with the Conciliation Rules then obtaining of theUnited Nations Commission on International Trade Law ('UNCITRAL'), oraccording to such other procedure as may be agreed between the parties in writing.

ARBITRATION:

Any dispute, controversy or claim between the partiesarising out of the Contract, or the breach, termination, or invalidity thereof,unless settled amicably, as provided above, shall be referred by either of theparties to arbitration in accordance with the UNCITRAL Arbitration Rulesthen obtaining. The decisions of the arbitral tribunal shall be based on generalprinciples of international commercial law. For all evidentiary questions, thearbitral tribunal shall be guided by the Supplementary Rules Governing thePresentation and Reception of Evidence in International CommercialArbitration of the International Bar Association, 28 May 1983 edition. Thearbitral tribunal shall be empowered to order the return or destruction of goods orany property, whether tangible or intangible, or of any confidential informationprovided under the Contract , 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 anyconfidential information provided under the Contract, as appropriate, all inaccordance 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 noauthority to award punitive damages. In addition, unless otherwise expresslyprovided in the Contract, the arbitral tribunal shall have no authority to awardinterest in excess of the London Inter-Bank Offered Rate ('LIBOR') thenprevailing, and any such interest shall be simple interest only. The partiesshall be bound by any arbitration award rendered as a result of such arbitration asthe final adjudication of any such dispute, controversy or claim.

18. PRIVILEGES AND IMMUNITIES: Nothing in or relating to the Contractshall be deemed a waiver, express or implied, of any of the privileges andimmunities of the United Nations, including its subsidiary organs.

More Info and Application