UNITED NATIONS ST/AI/1999/7

Secretariat 25 August 1999

(Consolidated text)
Administrative instruction
CONSOLIDATED TEXT OF ST/AI/1999/7 AS LAST A!ENDED "#
ST/AI/1999/7/Amend$1 e%%ective 1 A&ri' ())*
Consu'tants and individua' contractors
The Under-Secretary-General for Management, pursuant to section !2 of Secretary-General"s #ulletin
ST$SG#$199%$1, and for the purpose of implementing General Assem&ly resolution 5'$221 of % April 1999, here&y
promulgates the follo(ing)
I$ +enera' &rovisions
Section 1
De%initions
The follo(ing definitions shall apply for purposes of the present instruction)
*a+ A consultant is an indi,idual (ho is a recogni-ed authority or specialist in a specific field, engaged &y the
United .ations under temporary contract in an ad,isory or consultati,e capacity to the Secretariat! A consultant must
ha,e special s/ills or /no(ledge not normally possessed &y the regular staff of the 0rgani-ation and for (hich there
is no continuing need in the Secretariat! The functions of a consultant are results-oriented and normally in,ol,e
analysing pro&lems, directing seminars or training courses, preparing documents for conferences and meetings or
(riting reports on the matters (ithin their area of e1pertise on (hich their ad,ice or assistance is sought2
*&+ An indi,idual contractor is an indi,idual engaged &y the 0rgani-ation from time to time under temporary
contract to pro,ide e1pertise, s/ills or /no(ledge for the performance of a specific tas/ or piece of (or/ against
payment of an all-inclusi,e fee! An indi,idual contractor need not (or/ on United .ations premises! The (or/
assignment may in,ol,e full-time or part-time functions similar to those of staff mem&ers, such as pro,ision of
translation, editing, language training, pu&lic information, secretarial$clerical and part-time maintenance ser,ices, or
other functions that could &e performed &y staff mem&ers!
1
*c+ The e1pression 3any office of the 0rgani-ation" shall include any premise used &y the 0rgani-ation for its
official &usiness, (heresoe,er located!
,Section 1 -c. as amended /0 ST/AI/1999/7/Amend$1 e%%ective 1 A&ri' ())*1
II$ Consu'tants

Section (
+enera' &rinci&'es
4onsultants may &e hired only (hen the follo(ing conditions are met)
*a+ The assignment is of a temporary nature and the tas/s capa&le of &eing performed (ithin a limited and
specified period of time2
*&+ The need for the re5uired ser,ices cannot &e met from (ithin the staff resources of the Secretariat for lac/ of
speciali-ed /no(ledge and$or e1pertise! 6n areas (here consultants are fre5uently hired for a period of more than
one year, the head of department or office should su&mit proposals, (here necessary, for the esta&lishment of posts
to &e filled &y staff mem&ers2
*c+ The consultant is selected from among highly 5ualified candidates in their specific field of e1pertise, on the
&asis of a reasoned and documented process2
*d+ The ser,ices to &e performed clearly relate to acti,ities in the (or/ programme of the department or office
concerned and$or to a specific legislati,e or programming decision2
*e+ The ser,ices to &e performed do not duplicate (or/ or acti,ities already done, &eing done or a&out to &e done
&y other indi,iduals, departments or offices of the Secretariat2
*f+ 4onsultants shall not perform functions of staff mem&ers of the 0rgani-ation or ha,e any representati,e or
super,isory responsi&ility2
*g+ 4onsultants shall &e selected as the most competent person for the (or/ from as (ide a num&er of
nationalities as possi&le, from a roster of 5ualified male and female candidates! They shall normally not recei,e any
training at the e1pense of the 0rgani-ation!
Section 2
Terms o% re%erence
'!1 7eads of departments and offices shall ensure that detailed terms of reference descri&ing the (or/ to &e performed
are prepared (ell in ad,ance of the engagement of the consultant, and su&mitted in a timely manner to the e1ecuti,e or
administrati,e office for processing!
'!2 The proposed (or/ assignment of a consultant shall co,er all the functions to &e performed, and may not include
functions (hich ha,e &een assigned to staff mem&ers in the recent past or are intended to &e so assigned in the near future!
8e5uests to hire a consultant may not &e processed, nor a contract of engagement issued, unless the head of the department
or office certifies that this condition has &een met!
2
'!' The terms of reference shall form part of the contract! They shall &e clear and specific and include)
*a+ 0&9ecti,es and targets2
*&+ Tangi&le and measura&le outputs of the (or/ assignment2
*c+ 8ealistic deli,ery dates and details as to ho( the (or/ must &e deli,ered *e!g! electronic su&mission, hard
copy, (hat computer program should &e used, etc!+2
*d+ :erformance indicators for e,aluation of results *e!g! timeliness, ,alue of the ser,ices rendered in relation to
their cost+!
Section 3
Se'ection &rocess
Greater competitiveness of the selection process
!1 ;epartments and offices shall use the central roster of candidates &eing de,eloped &y the 0ffice of 7uman
8esources Management as soon as it is operational! <ffecti,e immediately, departments and offices shall pro,ide to the
0ffice of 7uman 8esources Management all a,aila&le and up-to-date data on the s/ills of candidates, prior and current
engagements, type of (or/ performed, fees and e,aluation of past (or/!
!2 ;epartments and offices shall consider se,eral 5ualified candidates for each assignment! 0n an e1ceptional &asis,
and only in case of force majeure, a consultant may &e engaged e,en though he or she (as the only candidate considered,
pro,ided a reasoned and documented 9ustification for such e1ception is recorded prior to the selection!
Geographical and gender balance
!' <,ery effort shall &e made to select consultants from the (idest possi&le geographical &ase! Tra,el costs may &e
considered &ut may not distort the geographical &alance in the a(arding of contracts!
! ;ue regard shall &e paid in the selection process to the need to achie,e gender &alance, (ithout pre9udice to the
re5uirement of a (ide geographical distri&ution!
Use of former staff
!5 =ormer staff mem&ers of the United .ations or of another organi-ation of the common system (ho ha,e separated
from ser,ice at or after the age of 55 may &e engaged as consultants pro,ided they meet the conditions set out in
administrati,e instruction ST$A6$1999$5 *a&olished and replaced &y ST$A6$2>>'$?+!
Verification of credentials, qualifications and experience
!@ :rior to the issuance of a contract, the processing office shall ,erify the academic and professional credentials of the
candidate recommended for selection! =or that purpose, the re5uesting official shall su&mit contract proposals sufficiently
in ad,ance of starting dates to allo( for completion of the ,erification re5uirements!
'
Medical clearance
!% #efore commencing (or/, a consultant (ho is e1pected to (or/ in any office of the 0rgani-ation or is re5uired to
tra,el &y the 0rgani-ation shall &e re5uired to su&mit a statement of good health and to ta/e full responsi&ility for the
accuracy of that statement, including confirmation that he or she has &een informed regarding inoculations re5uired for the
country or countries to (hich tra,el is authori-ed! 4onsultants (or/ing from their residence shall &e re5uired to su&mit a
statement of good health only (hen re5uired to tra,el &y the 0rgani-ation!
,Section 3$7 as amended /0 ST/AI/1999/7/Amend$1 e%%ective 1 A&ri' ())*1
Section 4
Contractua' terms and conditions
Type of contract
5!1 4onsultants shall &e engaged under Aconsultant contractsB entered into &y the 0rgani-ation directly (ith each of the
indi,iduals concerned! The terms and conditions of the ne( contract are contained in anne1 A to the present instruction!
Special ser,ice agreements pre,iously used for that purpose shall &e discontinued!
Duration of contract
5!2 4onsultants shall &e re5uired to perform specific, results-oriented functions (ithin a prescri&ed time-frame
consistent (ith the (or/ plan of the department or office concerned! ;uration of the contract shall &e directly lin/ed to the
terms of reference and (or/ assignment of the consultant, as set out in the contract!
5!' 6n order to limit the repeated use of the same consultant*s+, either to perform different tas/s (ithin the (or/ plan or
a series of tas/s (ithin the same pro9ect, no consultant shall pro,ide ser,ices for more than 2 months in a '@-month
period!
egal status
5! 4onsultants shall ser,e in a personal capacity and not as representati,es of a go,ernment or of any other authority
e1ternal to the United .ations! They are neither Astaff mem&ersB under the Staff 8egulations of the United .ations nor
AofficialsB for the purposes of the 4on,ention on the :ri,ileges and 6mmunities of the United .ations of 1' =e&ruary 19@
*4on,ention+! They may, ho(e,er, &e gi,en the status of Ae1perts on missionB (ithin the meaning of article C6, section 22
of the 4on,ention! 6f they are re5uired to tra,el on &ehalf of the United .ations, they may &e gi,en a United .ations
certificate in accordance (ith article C66, section 2@, of the 4on,ention!
!tandards of conduct
5!5 4onsultants shall respect the impartiality and independence of the United .ations Secretariat and shall neither see/
nor accept instructions regarding the ser,ices performed under the consultant contract from any Go,ernment or other
authority e1ternal to the 0rgani-ation! ;uring the period of their ser,ice for the United .ations, consultants shall refrain
from any conduct that (ould ad,ersely reflect on the United .ations and shall not engage in any acti,ity that is
incompati&le (ith the aims and o&9ecti,es of the 0rgani-ation!
5!@ 4onsultants shall e1ercise the utmost discretion in all matters relating to the performance of their functions! Unless
other(ise authori-ed &y the appropriate official in the office concerned, consultants may not communicate at any time to
the media, or to any institution, person, Go,ernment or other e1ternal authority, any information that has not &een made

pu&lic and (hich has &ecome /no(n to them &y reason of their association (ith the United .ations! 4onsultants may not
use such information (ithout the (ritten authori-ation of the 0rgani-ation!
5!@ &is! 4onsultants shall &e pro,ided (ith a copy of Secretary-General"s &ulletin ST$SG#$2>>'$1', entitled 3Special
measures for protection from se1ual e1ploitation and se1ual a&use", and shall &e re5uired to su&mit a (ritten underta/ing
indicating their agreement to a&ide &y the standards of conduct contained in that &ulletin!
,Section 4$* /is$ as amended /0 ST/AI/1999/7/Amend$1 e%%ective 1 A&ri' ())*1
"emuneration
5!% The le,el of remuneration paya&le to a consultant shall &e determined on the &asis of the follo(ing elements)
*a+ The le,el of gross salary, that is, e1cluding post ad9ustment, for staff in the :rofessional and higher categories2
*&+ De,els of e1pertise and professional capacity, lin/ed to grades in the salary scale2
*c+ Special circumstances, including hardship in,ol,ed in the performance of the (or/ assignment!
The 0ffice of 7uman 8esources Management shall pro,ide detailed formula and policy guidelines for the determination
of the appropriate le,el of remuneration!
5!? The remuneration to &e paid shall &e the minimum amount necessary to o&tain the ser,ices re5uired &y the
0rgani-ation! Amounts paid in connection (ith tra,el underta/en &y the consultant in accordance (ith section 5!1% &elo(
shall not &e ta/en into account for remuneration purposes!
5!9 A supplementary amount may &e authori-ed &y the 0ffice of 7uman 8esources Management (hen that is necessary
to o&tain the e1pertise re5uired and the mar/et rates for highly speciali-ed and technical ser,ices e1ceed the remuneration
le,els determined on the &asis of section 5!% a&o,e! A fully documented 9ustification shall &e su&mitted at the same time as
any re5uest for such authori-ation!
5!1> 4onsultants may &e paid at a daily, (ee/ly or monthly rate, or on a lump-sum &asis, (hich represents the total ,alue
of the ser,ices to the 0rgani-ation! The currency of payment shall &e specified in the contract!
5!11 :ayment of fees esta&lished on a lump-sum &asis shall normally ta/e place upon certification &y the authori-ed
official of satisfactory completion of the (or/! 6f the contract pro,ides for instalments on completion of clearly identified
phases of the (or/ to &e performed, payment shall &e made upon certification &y the authori-ed official that each phase
has &een successfully completed! .o payment shall &e made if the consultant fails to complete the ser,ice specified in the
contract to the satisfaction of the United .ations! 6f the ser,ice is carried out partially, a determination shall &e made as to
(hat amount, if any, is to &e paid, &ased on that part of the (or/ completed!
5!12 The total remuneration paya&le to a consultant &y the United .ations shall &e specified in the contract in terms of
gross amounts! :ayment of any ta1es shall &e the sole responsi&ility of the consultant, (ho shall not &e entitled to
reim&ursement &y the United .ations of any ta1es he or she may &e re5uired to pay or to any other &enefits, payments or
su&sidies, e1cept as e1pressly stated in the contract! The United .ations shall not pro,ide any medical or life insurance for
the consultant!
#erformance evaluation
5
5!1' The performance of all consultants shall &e e,aluated on form :!1>@$A, and a summary rating shall &e recorded in
the central roster maintained &y the 0ffice of 7uman 8esources Management as a reference for consideration of future
consultant contracts! .o single tas/ and consultant contract should e1ceed a period of si1 months (ithout a formal
e,aluation of the (or/ performed!
5!1 The e,aluation shall measure the 5uality of the (or/ performed and ta/e into account the goals esta&lished in the
terms of reference, as (ell as compliance (ith contracted deli,ery dates! A targeted and detailed response (ith respect to
the 5uality of performance and the results (ill &e re5uired from the e,aluating officer! 6f goals ha,e not &een met
satisfactorily, no further contracts (ill &e granted to the consultant!
5!15 The 0ffice of 7uman 8esources Management shall ha,e the authority to ta/e a final decision on (hether further
contracts should &e a(arded in the case of an unsatisfactory performance e,aluation &y a programme manager!
Termination of contract
5!1@ Unsatisfactory performance or failure to conform to the standards of conduct set out a&o,e shall lead to termination
of ser,ice for cause, at the initiati,e of the United .ations!
Travel
5!1% Ehen the department or office concerned determines that tra,el is necessary in order for a consultant to perform his
or her assignments, tra,el shall &e authori-ed on the &asis of United .ations standards! 4onsultants authori-ed to tra,el
shall recei,e an amount e5ui,alent to the daily su&sistence allo(ance that (ould &e paid to staff mem&ers underta/ing
similar tra,el for official purposes!
III$ Individua' contractors
Section *
+enera' &rinci&'es
@!1 The pro,isions contained in section 2 a&o,e shall apply in the case of indi,idual contractors, as defined in section 1
*&+, e1cept as indicated &elo(!
@!2 6ndi,idual contractors may perform functions similar to those of staff mem&ers, e1cept that they may not discharge
representati,e or super,isory functions! Section 2 *f+ a&o,e shall not apply!
Section 7
Terms o% re%erence
The pro,isions contained in section ' a&o,e shall apply in the case of indi,idual contractors, e1cept for section '!2!
Section 5
Se'ection &rocess and contractua' terms and conditions
?!1 The pro,isions contained in sections and 5 a&o,e shall apply in the case of indi,idual contractors, e1cept as
indicated &elo(!
?!2 An indi,idual contractor shall &e engaged under a Acontract for indi,idual contractorB entered into &y the
0rgani-ation directly (ith the indi,idual! Special ser,ice agreements pre,iously used for that purpose shall &e
@
discontinued! The terms and conditions of the ne( contract are contained in the anne1 to the present instruction! Section
5!1 a&o,e shall not apply!
?!' The ser,ices of an indi,idual contractor shall &e limited to si1 or, in special circumstances, nine (or/-months in any
period of t(el,e consecuti,e months, e1cept for indi,idual contractors engaged to perform language functions on a unit-
cost &asis! Section 5!' a&o,e shall not apply!
?! 6n addition to the pro,isions of sections 5!% to 5!12 a&o,e, the follo(ing shall apply)
*a+ =ees of indi,idual contractors may &e lin/ed to the salary scales for locally recruited United .ations staff at
each duty station, as appropriate2
*&+ An indi,idual contractor engaged to perform language functions may &e paid in accordance (ith an agreed
rate &ased on unit costs applica&le to such (or/!
I6$ 7es&onsi/i'it0 o% o%%ices concerned
Section 9
Im&'ementation o% t8e &resent instruction
9!1 7eads of departments and offices (here the ser,ices of a consultant or indi,idual contractor are re5uired shall &e
responsi&le for)
*a+ <nsuring that the ser,ices to &e rendered fulfil the conditions of the definition for either a consultant or an
indi,idual contractor set out in section 1 a&o,e2
*&+ ;eciding, or ensuring that decisions on selection and all other matters of su&stance are ta/en in accordance
(ith the pro,isions of the present instruction! 7o(e,er, e1tension of the ser,ices of a consultant or indi,idual
contractor &eyond the limits set out in sections 5!' and ?!', respecti,ely, shall re5uire prior appro,al &y the 0ffice of
7uman 8esources Management!
9!2 <1ecuti,e offices or administrati,e offices at offices a(ay from 7ead5uarters shall &e responsi&le for preparing and
processing the contracts in accordance (ith the =inancial 8ules and 8egulations of the United .ations and the pro,isions
of the present instruction!
9!' The 0ffice of 7uman 8esources Management shall pro,ide policy guidance, monitor compliance &y departments
and offices (ith all the terms, conditions and re5uirements of the present instruction, and prepare the reports re5uested &y
the General Assem&ly on the hiring and use of consultants and indi,idual contractors, (hich shall include information on
nationality, gender, fees, duration of contract, &rief terms of reference and performance rating!
Section 1)
Fina' &rovisions
1>!1 The present instruction shall enter into force on 1 Septem&er 1999!
1>!2 The pro,isions of the present instruction shall pre,ail upon any inconsistent pro,ision contained in administrati,e
instructions ST$A6$295 and Amend!1 on temporary staff and indi,idual contractors, and ST$A6$29@ and Amend!1 on
consultants and participants in ad,isory meetings, pending re,ision of those t(o instructions!
%
*!igned+ Foseph <! Connor
Under-Secretary-General for Management
?
Anne9
UNI T E D NAT I ONS NAT I ONS UNI E S
CONT7ACT FO7 T:E SE76ICES OF A
CONSULTANT O7 INDI6IDUAL CONT7ACTO7
40.T8A4T TG:<) 4onsultant 6ndi,idual 4ontractor *see section 1 of ST$A6$1999$%+
40.T8A4T .0!) Status) Amendment .o!) ;epartment)
#A4) 6nde1 .o!) .ationality)
This 4ontract is entered into &et(een the United Nations and *name+, hereinafter referred to as the Contractor
Address)
4ity, State, :ro,ince, :ostal 4ode) Tel! .o!)
1! T<8MS 0= 8<=<8<.4< 08 E08H ASS6G.M<.T *see section ' of ST$A6$1999$%2 use additional pages if necessary+

Tra,el details)
*if authori-ed+
2! ;U8AT60. 0= 40.T8A4T) (ithin the period indicated &elo(!
This 4ontract shall commence on , and shall e1pire on the satisfactory completion of the ser,ices descri&ed a&o,e, &ut not later
than , unless sooner terminated under the terms of this 4ontract! This 4ontract is su&9ect to the conditions on the follo(ing
pages!
'! 40.S6;<8AT60. I As full consideration for the ser,ices performed &y the 4ontractor under the terms of this 4ontract, the
United .ations shall pay the 4ontractor, upon certification that the ser,ices ha,e &een satisfactorily performed in accordance
(ith the re5uirements of this 4ontract, as follo(s)
A fee of ;aily Eee/ly
4urrency) Total fee)
Monthly Dump sum
Ehere t(o currencies are in,ol,ed, the rate of e1change shall &e the official rate applied &y the United .ations on the day the
United .ations instructs its &an/ers to effect the payment*s+2
The fee is paya&le on satisfactory completion of the 4ontract! =or payment in instalments, certification of satisfactory
performance at each phase is re5uired!
:7AS< AM0U.T

! E08H D04AT60. A.; 7<ADT7 4<8T6=64AT60.) The 4ontractor shall perform the (or/ assignment at the follo(ing
location or locations) $ 6n accordance (ith section !% of ST$A6$1999$% *chec/ one+)
The 4ontractor has su&mitted a statement of good health and confirmation of immuni-ation2
The 4ontractor is not re5uired to su&mit a statement of good health and confirmation of immuni-ation!
;$1)3 -2<)*.
9
"0 si=nin= /e'o> and initia''in= to t8e ri=8t I t8e Contractor ac?no>'ed=e and a=ree t8at I
8ave read and acce&t t8e terms o% t8is Contract inc'udin= t8e +enera' Conditions o% Contracts
set %ort8 on t8e %o''o>in= &a=es >8ic8 %orm an inte=ra' &art o% t8is Contract and t8at I 8ave
/een &rovided >it8 a co&0 o% 8ave read and understood and a=ree to a/ide /0 t8e standards o%
conduct set %ort8 in t8e Secretar0<+enera'@s /u''etin ST/S+"/())2/12 o% 9 Octo/er ())2 entit'ed
AS&ecia' measures %or &rotection %rom se9ua' e9&'oitation and se9ua' a/useB$
ContractorC
SI+NATU7EC DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD
40.T8A4T08"S
6.6T6ADS) JJJJJJJJJJJ
;AT<)
AUT:O7IEIN+ OFFICE7C
On /e8a'% o% t8e United NationsC
-Name and tit'e.
SI+NATU7EC
;AT<)
Distri/utionC - 4ontractor -<1ecuti,e 0ffice -078M -8e5uesting ;epartment -Accounts
;$1)3 -2<)*.
1>
UNI T E D NAT I ONS NAT I ONS UNI E S
+ENE7AL CONDITIONS OF CONT7ACTS FO7 T:E SE76ICES OF
CONSULTANTS O7 INDI6IDUAL CONT7ACTO7S
1! D<GAD STATUS
The 4ontractor shall ha,e the legal status of an independent contractor ,is-K-,is the
United .ations, and shall not &e regarded, for any purposes, as &eing either a Astaff mem&erB of
the United .ations, under the United .ations Staff 8egulations and 8ules, or an AofficialB of
the United .ations, for purposes of the 4on,ention on the :ri,ileges and 6mmunities of the
United .ations, adopted &y the General Assem&ly of the United .ations on 1' =e&ruary 19@!
Accordingly, nothing (ithin or relating to the 4ontract shall esta&lish the relationship of
employer and employee, or of principal and agent, &et(een the United .ations and the
4ontractor! The officials, representati,es, employees or su&contractors of the United .ations
and of the 4ontractor, if any, shall not &e considered in any respect as &eing the employees or
agents of the other, and the United .ations and the 4ontractor shall &e solely responsi&le for all
claims arising out of or relating to its engagement of such persons or entities!
2!STA.;A8;S 0= 40.;U4T
$n General) The 4ontractor shall neither see/ nor accept instructions from any authority
e1ternal to the United .ations in connection (ith the performance of its o&ligations under the
4ontract! Should any authority e1ternal to the United .ations see/ to impose any instructions
on the 4ontractor regarding the 4ontractor"s performance under the 4ontract, the 4ontractor
shall promptly notify the United .ations and shall pro,ide all reasona&le assistance re5uired &y
the United .ations! The 4ontractor shall not ta/e any action in respect of its performance of
the 4ontract or other(ise related to its o&ligations under the 4ontract that may ad,ersely affect
the interests of the United .ations, and the 4ontractor shall perform its o&ligations under the
4ontract (ith the fullest regard to the interests of the United .ations! The 4ontractor (arrants
that it has not and shall not offer any direct or indirect &enefit arising from or related to the
performance of the 4ontract or the a(ard thereof to any representati,e, official, employee or
other agent of the United .ations! The 4ontractor shall comply (ith all la(s, ordinances, rules
and regulations &earing upon the performance of its o&ligations under the 4ontract!
#rohibition of !exual %xploitation and &buse) 6n the performance of the 4ontract, the
4ontractor shall comply (ith the standards of conduct set forth in the Secretary-General"s
&ulletin ST$SG#$2>>'$1' of 9 0cto&er 2>>', concerning ASpecial measures for protection from
se1ual e1ploitation and se1ual a&useB! 6n particular, the 4ontractor shall not engage in any
conduct that (ould constitute se1ual e1ploitation or se1ual a&use, as defined in that &ulletin!
The 4ontractor ac/no(ledges and agrees that any &reach of any of the pro,isions hereof
shall constitute a &reach of an essential term of the 4ontract, and, in addition to any other legal
rights or remedies a,aila&le to any person, shall gi,e rise to grounds for termination of the
4ontract! 6n addition, nothing herein shall limit the right of the United .ations to refer any
alleged &reach of the foregoing standards of conduct to the rele,ant national authorities for
appropriate legal action!

11
;$1)3 -2<)*.
'! T6TD< 86G7TS, 40:G86G7TS, :AT<.TS A.; 0T7<8
:80:86<TA8G 86G7TS
Title to any e5uipment and supplies that may &e furnished &y the United .ations to the
4ontractor for the performance of any o&ligations under the 4ontract shall rest (ith the United
.ations, and any such e5uipment shall &e returned to the United .ations at the conclusion of
the 4ontract or (hen no longer needed &y the 4ontractor! Such e5uipment, (hen returned to the
United .ations, shall &e in the same condition as (hen deli,ered to the 4ontractor, su&9ect to
normal (ear and tear, and the 4ontractor shall &e lia&le to compensate the United .ations for
any damage or degradation of the e5uipment that is &eyond normal (ear and tear!
The United .ations shall &e entitled to all intellectual property and other proprietary
rights, including, &ut not limited to, patents, copyrights and trademar/s, (ith regard to
products, processes, in,entions, ideas, /no(-ho( or documents and other materials (hich the
4ontractor has de,eloped for the United .ations under the 4ontract and (hich &ear a direct
relation to or are produced or prepared or collected in conse5uence of, or during the course of,
the performance of the 4ontract, and the 4ontractor ac/no(ledges and agrees that such
products, documents and other materials constitute (or/s made for hire for the United .ations!
7o(e,er, to the e1tent that any such intellectual property or other proprietary rights consist of
any intellectual property or other proprietary rights of the 4ontractor) *a+ that pre-e1isted the
performance &y the 4ontractor of its o&ligations under the 4ontract, or *&+ that the 4ontractor
may de,elop or ac5uire, or may ha,e de,eloped or ac5uired, independently of the performance
of its o&ligations under the 4ontract, the United .ations does not and shall not claim any
o(nership interest thereto, and the 4ontractor grants to the United .ations a perpetual licence
to use such intellectual property or other proprietary right solely for the purposes of and in
accordance (ith the re5uirements of the 4ontract! At the re5uest of the United .ations, the
4ontractor shall ta/e all necessary steps, e1ecute all necessary documents and generally assist
in securing such proprietary rights and transferring or licensing them to the United .ations in
compliance (ith the re5uirements of the applica&le la( and of the 4ontract! Su&9ect to the
foregoing pro,isions, all maps, dra(ings, photographs, mosaics, plans, reports, estimates,
recommendations, documents and all other data compiled &y or recei,ed &y the 4ontractor
under the 4ontract shall &e the property of the United .ations, shall &e made a,aila&le for use
or inspection &y the United .ations at reasona&le times and in reasona&le places, shall &e
treated as confidential and shall &e deli,ered only to United .ations authori-ed officials on
completion of (or/ under the 4ontract!
!40.=6;<.T6AD .ATU8< 0= ;04UM<.TS A.; 6.=08MAT60.
6nformation and data that are considered proprietary &y either the United .ations or the
4ontractor or that are deli,ered or disclosed &y one of them *A;iscloserB+ to the other
*A8ecipientB+ during the course of performance of the 4ontract, and that are designated as
confidential *A6nformationB+, shall &e held in confidence and shall &e handled as follo(s! The
8ecipient of such 6nformation shall use the same care and discretion to a,oid disclosure,
pu&lication or dissemination of the ;iscloser"s 6nformation as it uses (ith its o(n similar
information that it does not (ish to disclose, pu&lish or disseminate, and the 8ecipient may
other(ise use the ;iscloser"s 6nformation solely for the purpose for (hich it (as disclosed! The
8ecipient may disclose confidential 6nformation to any other party (ith the ;iscloser"s prior
(ritten consent, as (ell as to the 8ecipient"s employees, officials, representati,es and agents
(ho ha,e a need to /no( such confidential 6nformation solely for purposes of performing
12
o&ligations under the 4ontract! Su&9ect to and (ithout any (ai,er of the pri,ileges and
immunities of the United .ations, the 4ontractor may disclose 6nformation to the e1tent
re5uired &y la(, provided that the 4ontractor (ill gi,e the United .ations sufficient prior
notice of a re5uest for the disclosure of 6nformation in order to allo( the United .ations to
ha,e a reasona&le opportunity to ta/e protecti,e measures or such other action as may &e
appropriate &efore any such disclosure is made! The United .ations may disclose 6nformation
to the e1tent as re5uired pursuant to the
;$1)3 -2<)*.
4harter of the United .ations, resolutions or regulations of the General Assem&ly, or rules
promulgated &y the Secretary-General! The 8ecipient shall not &e precluded from disclosing
6nformation that is o&tained &y the 8ecipient from a third party (ithout restriction, is disclosed
&y the ;iscloser to a third party (ithout any o&ligation of confidentiality, is pre,iously /no(n
&y the 8ecipient, or at any time is de,eloped &y the 8ecipient completely independently of any
disclosures hereunder! These o&ligations and restrictions of confidentiality shall &e effecti,e
during the term of the 4ontract, including any e1tension thereof, and, unless other(ise
pro,ided in the 4ontract, shall remain effecti,e follo(ing any termination of the 4ontract!
5! T8AC<D, M<;64AD 4D<A8A.4< A.; S<8C64<-6.4U88<;
;<AT7, 6.FU8G 08 6DD.<SS
6f the 4ontractor is re5uired &y the United .ations to tra,el &eyond commuting distance
from the 4ontractor"s usual place of residence, such tra,el shall &e at the e1pense of the United
.ations and shall &e go,erned &y conditions e5ui,alent to the rele,ant pro,isions of the 1>>
series of the United .ations Staff 8ules *chap! C66+! Such tra,el shall &e at the least costly
airfare structure regularly a,aila&le or its e5ui,alent (hen &y air, unless a higher standard is
appro,ed in ad,ance &y, or on &ehalf of, the Under-Secretary-General for Management, and
first class &y rail!
The United .ations may re5uire the 4ontractor to su&mit a statement of good health prior
to commencement of (or/ in any offices or premises of the United .ations or &efore engaging
in any tra,el re5uired &y the United .ations or connected (ith the performance of the 4ontract!
The 4ontractor shall pro,ide such a statement of good health as soon as practica&le follo(ing
such re5uest, and prior to engaging in any such tra,el, and the 4ontractor (arrants the accuracy
of any such statement, including, &ut not limited to, confirmation that the 4ontractor has &een
fully informed regarding the re5uirements for inoculations for the country or countries to (hich
tra,el may &e authori-ed!
6n the e,ent of the death, in9ury or illness of the 4ontractor (hich is attri&uta&le to the
performance of ser,ices on &ehalf of the United .ations under the terms of the 4ontract (hile
the 4ontractor is tra,elling at United .ations e1pense or is performing any ser,ices under the
4ontract in any offices or premises of the United .ations, the 4ontractor or the 4ontractor"s
dependants, as appropriate, shall &e entitled to compensation e5ui,alent to that pro,ided under
appendi1 ; to the United .ations Staff 8ules *ST$SG#$Staff 8ules$Appendi1 ;$8e,!1 and
Amend!1+!
@!:8076#6T60. 0. ASS6G.M<.T2 M0;6=64AT60.S
1'
The 4ontractor may not assign, delegate, transfer, pledge or ma/e any other disposition of
the 4ontract, of any part thereof, or of any of the rights, claims or o&ligations under the
4ontract e1cept (ith the prior (ritten authori-ation of the United .ations, and any attempt to
do so shall &e null and ,oid! The terms or conditions of any supplemental underta/ings,
licences or other forms of agreement concerning any goods or ser,ices to &e pro,ided under the
4ontract shall not &e ,alid and enforcea&le against the United .ations nor in any (ay shall
constitute an agreement &y the United .ations thereto, unless any such underta/ings, licences
or other forms of agreement are the su&9ect of a ,alid (ritten underta/ing &y the United
.ations! .o modification or change in the 4ontract shall &e ,alid and enforcea&le against the
United .ations unless pro,ided &y means of a ,alid (ritten amendment to the 4ontract signed
&y the 4ontractor and an authori-ed official or appropriate contracting authority of the United
.ations!
%!SU#40.T8A4T08S
6n the e,ent that the 4ontractor re5uires the ser,ices of su&contractors to perform any
o&ligations under the 4ontract, the 4ontractor shall o&tain the prior (ritten appro,al of the
United .ations for any such su&contractors! The United .ations may, in its sole discretion,
re9ect any
;$1)3 -2<)*.
proposed su&contractor or re5uire such su&contractor"s remo,al (ithout ha,ing to gi,e any
9ustification therefor, and such re9ection shall not entitle the 4ontractor to claim any delays in
the performance, or to assert any e1cuses for the non-performance, of any of its o&ligations
under the 4ontract! The 4ontractor shall &e solely responsi&le for all ser,ices and o&ligations
performed &y its su&contractors! The terms of any su&contract shall &e su&9ect to, and shall &e
construed in a manner that is fully in accordance (ith, all of the terms and conditions of the
4ontract!
?!US< 0= .AM<, <M#D<M 08 0==646AD S<AD 0= T7< U.6T<;
.AT60.S
The 4ontractor shall not ad,ertise or other(ise ma/e pu&lic for purposes of commercial
ad,antage or good(ill that it has a contractual relationship (ith the United .ations, nor shall
the 4ontractor, in any manner (hatsoe,er, use the name, em&lem or official seal of the United
.ations, or any a&&re,iation of the name of the United .ations, in connection (ith its &usiness
or other(ise (ithout the (ritten permission of the United .ations!
9!6.;<M.6=64AT60.
The 4ontractor shall indemnify, defend, and hold and sa,e harmless the United .ations,
and its officials, agents and employees, from and against all suits, proceedings, claims,
demands, losses and lia&ility of any /ind or nature, including, &ut not limited to, all litigation
costs and e1penses, attorney"s fees, settlement payments and damages, &ased on, arising from,
or relating to) *a+ allegations or claims that the use &y the United .ations of any patented
de,ice, any copyrighted material or any other goods or ser,ices pro,ided to the United .ations
for its use under the terms of the 4ontract, in (hole or in part, separately or in com&ination,
constitutes an infringement of any patent, copyright, trademar/ or other intellectual property
right of any third party2 or *&+ any acts or omissions of the 4ontractor, or of any su&contractor
1
or anyone directly or indirectly employed &y them in the performance of the 4ontract, (hich
gi,e rise to legal lia&ility to anyone not a party to the 4ontract, including, (ithout limitation,
claims and lia&ility in the nature of a claim for (or/ers" compensation!
1>! 6.SU8A.4<
The 4ontractor shall pay the United .ations promptly for all loss, destruction or damage
to the property of the United .ations caused &y the 4ontractor, or of any su&contractor, or
anyone directly or indirectly employed &y them in the performance of the 4ontract! The
4ontractor shall &e solely responsi&le for ta/ing out and for maintaining ade5uate insurance
re5uired to meet any of its o&ligations under the 4ontract, as (ell as for arranging, at the
4ontractor"s sole e1pense, such life, health and other forms of insurance as the 4ontractor may
consider to &e appropriate to co,er the period during (hich the 4ontractor pro,ides ser,ices
under the 4ontract! The 4ontractor ac/no(ledges and agrees that none of the insurance
arrangements the 4ontractor may ma/e shall, in any (ay, &e construed to limit the 4ontractor"s
lia&ility arising under or relating to the 4ontract!
11! <.4UM#8A.4<S A.; D6<.S
The 4ontractor shall not cause or permit any lien, attachment or other encum&rance &y
any person to &e placed on file or to remain on file in any pu&lic office or on file (ith the
United .ations against any monies due to the 4ontractor or to &ecome due for any (or/ done
or against any goods supplied or materials furnished under the 4ontract, or &y reason of any
other claim or demand against the 4ontractor!
12! =084< MAF<U8<2 0T7<8 47A.G<S 6. 40.;6T60.S
6n the e,ent of and as soon as possi&le after the occurrence of any cause constituting force
majeure, the 4ontractor shall gi,e notice and full particulars in (riting to the United .ations
;$1)3 -2<)*.
of such occurrence or cause if the 4ontractor is there&y rendered una&le, (holly or in part, to
perform its o&ligations and meet its responsi&ilities under the 4ontract! The 4ontractor shall
also notify the United .ations of any other changes in conditions or the occurrence of any
e,ent (hich interferes or threatens to interfere (ith its performance of the 4ontract! .ot more
than fifteen *15+ days follo(ing the pro,ision of such notice of force majeure or other changes
in conditions or occurrence, the 4ontractor shall also su&mit a statement to the United .ations
of estimated e1penditures that (ill li/ely &e incurred for the duration of the change in
conditions or the e,ent! 0n receipt of the notice or notices re5uired hereunder, the United
.ations shall ta/e such action as it considers, in its sole discretion, to &e appropriate or
necessary in the circumstances, including the granting to the 4ontractor of a reasona&le
e1tension of time in (hich to perform any o&ligations under the 4ontract!
6f the 4ontractor is rendered permanently una&le, (holly or in part, &y reason of force
majeure to perform its o&ligations and meet its responsi&ilities under the 4ontract, the United
.ations shall ha,e the right to suspend or terminate the 4ontract on the same terms and
conditions as are pro,ided for &elo(, under ATerminationB, e1cept that the period of notice
shall &e fi,e *5+ days instead of any other period of notice! 6n any case, the United .ations shall
&e entitled to consider the 4ontractor permanently una&le to perform its o&ligations under the
4ontract in the case of the 4ontractor"s suffering any period of suspension in e1cess of thirty
*'>+ days!
15
'orce majeure as used herein means any unforeseea&le and irresisti&le act of nature, any
act of (ar *(hether declared or not+, in,asion, re,olution, insurrection, or any other acts of a
similar nature or force, provided that such acts arise from causes &eyond the control and
(ithout the fault or negligence of the 4ontractor! The 4ontractor ac/no(ledges and agrees that,
(ith respect to any o&ligations under the 4ontract that the 4ontractor must perform in or for
any areas in (hich the United .ations is engaged in, preparing to engage in, or disengaging
from any peace/eeping, humanitarian or similar operations, any delay or failure to perform
such o&ligations arising from or relating to harsh conditions (ithin such areas or to any
incidents of ci,il unrest occurring in such areas shall not, in and of itself, constitute force
majeure under the 4ontract!
1'! T<8M6.AT60.
<ither party may terminate the 4ontract, in (hole or in part, upon gi,ing (ritten notice to
the other party! The period of notice shall &e fi,e *5+ days in the case of contracts for a total
period of less than t(o *2+ months and fourteen *1+ days in the case of contracts for a longer
period! The initiation of conciliation or ar&itral proceedings, as pro,ided &elo(, shall not &e
deemed to &e a AcauseB for or other(ise to &e in itself a termination of the 4ontract! The United
.ations may, (ithout pre9udice to any other right or remedy a,aila&le to it, terminate the
4ontract forth(ith in the e,ent that) *a+ the 4ontractor is ad9udged &an/rupt, or is li5uidated, or
&ecomes insol,ent, applies for moratorium or stay on any payment or repayment o&ligations, or
applies to &e declared insol,ent2 *&+ the 4ontractor is granted a moratorium or a stay or is
declared insol,ent2 the 4ontractor ma/es an assignment for the &enefit of one or more of its
creditors2 *c+ a 8ecei,er is appointed on account of the insol,ency of the 4ontractor2 *d+ the
4ontractor offers a settlement in lieu of &an/ruptcy or recei,ership2 or *e+ the United .ations
reasona&ly determines that the 4ontractor has &ecome su&9ect to a materially ad,erse change in
its financial condition that threatens to endanger or other(ise su&stantially affect the a&ility of
the 4ontractor to perform any of its o&ligations under the 4ontract!
6n the e,ent of any termination of the 4ontract, upon receipt of notice of termination &y
the United .ations, the 4ontractor shall, e1cept as may &e directed &y the United .ations in the
notice of termination or other(ise in (riting) *a+ ta/e immediate steps to &ring the performance
of any o&ligations under the 4ontract to a close in a prompt and orderly manner, and in doing
so, reduce e1penses to a minimum2 *&+ refrain from underta/ing any further or additional
commitments
;$1)3 -2<)*.
under the 4ontract as of and follo(ing the date of receipt of such notice2 *c+ deli,er all
completed or partially completed plans, dra(ings, information and other property that, if the
4ontract had &een completed, (ould &e re5uired to &e furnished to the United .ations
thereunder2 *d+ complete performance of the (or/ not terminated2 and *e+ ta/e any other action
that may &e necessary, or that the United .ations may direct in (riting, for the protection and
preser,ation of any property, (hether tangi&le or intangi&le, related to the 4ontract that is in
the possession of the 4ontractor and in (hich the United .ations has or may &e reasona&ly
e1pected to ac5uire an interest!
6n the e,ent of any termination of the 4ontract, the United .ations shall only &e lia&le to
pay the 4ontractor compensation on a pro rata &asis for no more than the actual amount of
(or/ performed to the satisfaction of the United .ations in accordance (ith the re5uirements
1@
of the 4ontract! Additional costs incurred &y the United .ations resulting from the termination
of the 4ontract &y the 4ontractor may &e (ithheld from any amount other(ise due to the
4ontractor from the United .ations!
1! .0.-<L4DUS6C6TG
The United .ations shall ha,e no o&ligation respecting, and no limitations on, its right to
o&tain goods of the same /ind, 5uality and 5uantity, or to o&tain any ser,ices of the /ind
descri&ed in the 4ontract, from any other source at any time!
15! TALAT60.
Article 66, section %, of the 4on,ention on the :ri,ileges and 6mmunities of the United
.ations pro,ides, inter alia, that the United .ations, including its su&sidiary organs, is e1empt
from all direct ta1es, e1cept charges for pu&lic utility ser,ices, and is e1empt from customs
restrictions, duties and charges of a similar nature in respect of articles imported or e1ported for
its official use! 6n the e,ent any go,ernmental authority refuses to recogni-e the e1emptions of
the United .ations from such ta1es, restrictions, duties or charges, the 4ontractor shall
immediately consult (ith the United .ations to determine a mutually accepta&le procedure!
The United .ations shall ha,e no lia&ility for ta1es, duties or other similar charges paya&le &y
the 4ontractor in respect of any amounts paid to the 4ontractor under this 4ontract, and the
4ontractor ac/no(ledges that the United .ations (ill not issue any statements of earnings to
the 4ontractor in respect of any such payments!
1@! S<TTD<M<.T 0= ;6S:UT<S
&micable !ettlement) The United .ations and the 4ontractor shall use their &est efforts to
amica&ly settle any dispute, contro,ersy or claim arising out of the 4ontract or the &reach,
termination or in,alidity thereof! Ehere the parties (ish to see/ such an amica&le settlement
through conciliation, the conciliation shall ta/e place in accordance (ith the 4onciliation 8ules
then o&taining of the United .ations 4ommission on 6nternational Trade Da( *AU.46T8ADB+,
or according to such other procedure as may &e agreed &et(een the parties in (riting!
&rbitration) Any dispute, contro,ersy or claim &et(een the parties arising out of the
4ontract, or the &reach, termination, or in,alidity thereof, unless settled amica&ly, as pro,ided
a&o,e, shall &e referred &y either of the parties to ar&itration in accordance (ith the
U.46T8AD Ar&itration 8ules then o&taining! The decisions of the ar&itral tri&unal shall &e
&ased on general principles of international commercial la(! =or all e,identiary 5uestions, the
ar&itral tri&unal shall &e guided &y the Supplementary 8ules Go,erning the :resentation and
8eception of <,idence in 6nternational 4ommercial Ar&itration of the 6nternational #ar
Association, 2? May 19?' edition!
;$1)3 -2<)*.
The ar&itral tri&unal shall &e empo(ered to order the return or destruction of goods or any
property, (hether tangi&le or intangi&le, or of any confidential information pro,ided under the
4ontract, order the termination of the 4ontract, or order that any other protecti,e measures &e
1%
ta/en (ith respect to the goods, ser,ices or any other property, (hether tangi&le or intangi&le,
or of any confidential information pro,ided under the 4ontract, as appropriate, all in
accordance (ith the authority of the ar&itral tri&unal pursuant to Article 2@ *A6nterim Measures
of :rotectionB+ and Article '2 *A=orm and <ffect of the A(ardB+ of the U.46T8AD Ar&itration
8ules! The ar&itral tri&unal shall ha,e no authority to a(ard puniti,e damages! 6n addition,
unless other(ise e1pressly pro,ided in the 4ontract, the ar&itral tri&unal shall ha,e no authority
to a(ard interest in e1cess of the Dondon 6nter-#an/ 0ffered 8ate *AD6#08B+ then pre,ailing,
and any such interest shall &e simple interest only! The parties shall &e &ound &y any ar&itration
a(ard rendered as a result of such ar&itration as the final ad9udication of any such dispute,
contro,ersy or claim!
1%! :86C6D<G<S A.; 6MMU.6T6<S
.othing in or relating to the 4ontract shall &e deemed a (ai,er, e1press or implied, of any
of the pri,ileges and immunities of the United .ations, including its su&sidiary organs!
;$1)3 -2<)*.
1?