Terms of reference
1. Background
In 2005, pursuant UN General Assembly Resolution 56/201 and the Paris Declaration on Aid Effectiveness, UNDP, UNFPA, UNICEF and WFP [1] adopted the Harmonized Approach to Cash Transfer – HACT, as a common operational framework for transferring cash to government and non-government implementing partners. The HACT Framework shifts management of cash transfers from a system of rigid controls to a risk management approach and is aimed at reducing transaction costs and focusing on strengthening national capacities for management and accountability with a view to gradually shift to utilizing national systems for transferring development funds and financial reporting.
A number of challenges and lessons learnt were noted in the implementation of HACT and documented in recent audits, assessments and reviews including: the HACT Global Assessment (UNDG, Dec.2011); the Joint Audit of the Governance Arrangement for the HACT (UNDP, UNFPA, Nov.2012) and most recently the Proposed Revisions to the HACT Framework (UNDG, Sept.2013), paving the way to the ongoing review of the 2005 Framework. More specifically, the Revised HACT Framework is expected to improve overall effectiveness of HACT, streamline practices across agencies, clarify accountabilities and develop appropriate guidelines to support consistent HACT implementation.
2. Purpose
The purpose of this consultancy is to facilitate the effective roll-out of the Revised HACT Framework across all UNICEF offices and regions by developing a set of guidance, implementation and monitoring tools and training materials which are in line with the revised framework and responsive to UNICEF specific Business Model.
3. Expected results
The consultant is expected to produce the following results:
1. UNICEF HACT Procedure/Guidance adapting the inter-agency HACT Framework to UNICEF business model. This includes:
þ Standard Operating Procedures detailing UNICEF specific triggers and the application of the common inter-agency HACT principles and tools;
þ Key materials for the roll-out of the inter-agency framework for use in global webinars and events, including briefings and power point presentations.
2. UNICEF HACT Implementation Tools for use by UNICEF Headquarter Divisions (HQ), Regional (ROs) and Country Offices (COs). This includes:
þ Terms of reference in line with UNICEF offices and staff accountabilities/ responsibilities at HQ, RO and CO levels;
þ UNICEF-adapted standard templates and checklists for HACT reviews, assurance and capacity building activities and related explanatory notes;
3. UNICEF HACT Web-based Management/Monitoring Tools for use by HQ, ROs and COs. This includes:
þ Metrics to assist management at all levels to oversee HACT implementation and results;
þ Risk-sensitive web-based tools to capture HACT related information and reports, including alerts signaling areas of concern requiring management attention at all levels (CO, RO, HQ).
4. UNICEF HACT Training package for the roll-out of the Revised HACT Framework. This includes:
þ Complete interactive/web-compatible training package for UNICEF staff including handbook and related power point presentations, including testing through selected webinars;
þ Training package for use by Government and CSOs implementing partners, including related power point presentations.
4. Start date: 15 January 1, 2014 End date: 31 March 2014
5. Duty Station: Consultant is expected to work in New York at the UNICEF offices
6. Timeframe
The consultancy
Deliverables
Duration
(Estimated # of days)
Deadline
1. UNICEF HACT Procedure/guidance deliverables
15
By 7 February 2014
2. UNICEF HACT Implementation Tools deliverables
15
By 28 February 2014
3. UNICEF HACT Web-based Management/Monitoring Tools deliverables
10
By 7 March 2013
4. UNICEF HACT Training package deliverables
20
By 31 March 2013
Total
60
—
The total number of days for the consultancy is 60 days over 10 week time. Time will be allowed during the consultancy to receive feedback from other Divisions and key resource persons within the Organisation, including at regional/field level as required.
The consultant will work under the supervision of the Senior Programme Specialist, Division of Policy and Strategy and in close consultation with key resource staff from other Divisions including the following: Financial and Administrative Management (DFAM), Governance, UN and Multi-lateral Affairs (GMA), Information Technology Solutions and Services (ITSSD).
He/she will be expected to work on several deliverables simultaneously, with the following proposed schedule:
Results
January
February
March
Deliverables
w3
w4
w1
w2
w3
w4
w1
w2
w3
w4
1. UNICEF HACT Procedure/guidance
SOPs and key information materials
2. UNICEF HACT Implementation Tools
TORs, templates and checklists
3. UNICEF HACT Web-based Management/Monitoring Tools
HACT Sharepoint website and manager’s dashboard
4. UNICEF HACT Training package
Web-compatible training book, testing and government manual.
7. Key competences, technical background, and experience required
How to Apply:
Qualified candidates are requested to submit a cover letter, CV and P 11 form (which can be downloaded from our website at http://www.unicef.org/about/employ/index_53129.html) to pdconsultants@unicef.org with subject line “Consultancy, Develop UNICEF HACT support materials” by November 29, 2013, 5:00pm EST. Please indicate your ability, availability and daily/monthly rate to undertake the terms of reference above. Applications submitted without a daily/monthly rate will not be considered.
Joint Applications of two or more individuals is not accepted.
General Conditions of Contracts for the Services of Consultants / Individual Contractors
1. Legal Status
The individual engaged by UNICEF under this contract as a consultant or individual contractors (the “Contractor”) is engaged in a personal capacity and not as representatives of a Government or of any other entity external to the United Nations. The Contractor is neither a “staff member” under the Staff Regulations of the United Nations and UNICEF policies and procedures nor an “official” for the purpose of the Convention on the Privileges and Immunities of the United Nations, 1946. The Contractor may, however, be afforded the status of “Experts on Mission” in the sense of Section 22 of Article VI of the Convention and the Contractor is required by UNICEF to travel in order to fulfill the requirements of this contract , the Contractor may be issued a United Nations Certificate in accordance with Section 26 of Article VII of the Convention.
2. Obligations
The Contractor shall complete the assignment set out in the Terms of Reference for this contract with due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices.
The Contractor must respect the impartiality and independence of UNICEF and the United Nations and in connection with this contract must neither seek nor accept instructions from anyone other than UNICEF. During the term of this contract the Contractor must refrain from any conduct that would adversely reflect on UNICEF or the United Nations and must not engage in any activity that is incompatible with the administrative instructions and policies and procedures of UNICEF. The Contractor must exercise the utmost discretion in all matters relating to this contract.
In particular, but without limiting the foregoing, the Contractor (a) will conduct him- or herself in a manner consistent with the Standards of Conduct in the International Civil Service; and (b) will comply with the administrative instructions and policies and procedures of UNICE relating to fraud and corruption; information disclosure; use of electronic communication assets; harassment, sexual harassment and abuse of authority; and the requirements set forth in the Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse.
Unless otherwise authorized by the appropriate official in the office concerned, the Contractor must not communicate at any time to the media or to any institution, person, Government or other entity external to UNICEF any information that has not been made public and which has become known to the Contractor by reason of his or her association with UNICEF or the United Nations. The Contractor may not use such information without the written authorization of UNICEF, and shall under no circumstances use such information for his or her private advantage or that of others. These obligations do not lapse upon termination of this contact.
3. Title rights
UNICEF shall be entitled to all property rights, including but not limited to patents, copyrights and trademarks, with regard to material created by the Contractor which bears a direct relation to, or is made in order to perform, this contract. At the request of UNICEF, the Contractor shall assist in securing such property rights and transferring them to UNICEF in compliance with the requirements of the law governing such rights.
4. Travel
If UNICEF determines that the Contractor needs to travel in order to perform this contract, that travel shall be specified in the contract and the Contractor’s travel costs shall be set out in the contract, on the following basis:
(a) UNICEF will pay for travel in economy class via the most direct and economical route; provided however that in exceptional circumstances, such as for medical reasons, travel in business class may be approved by UNICEF on a case-by-case basis.
(b) UNICEF will reimburse the Contractor for out-of-pocket expenses associated with such travel by paying an amount equivalent to the daily subsistence allowance that would be paid to staff members undertaking similar travel for official purposes.
5. Statement of good health
Before commencing work, the Contractor must deliver to UNICEF a certified self-statement of good health and to take full responsibility for the accuracy of that statement. In addition, the Contractor must include in this statement of good health (a) confirmation that he or she has been informed regarding inoculations required for him or her to receive, at his or her own cost and from his or her own medical practitioner or other party, for travel to the country or countries to which travel is authorized; and (b) a statement he or she is covered by medical/health insurance and that, if required to travel beyond commuting distance from his or her usual place or residence to UNICEF (other than to duty station(s) with hardship ratings “H” and “A”, a list of which has been provided to the Contractor) the Contractor’s medical/health insurance covers medical evacuations. The Contractor will be responsible for assuming all costs that may be occurred in relation to the statement of good health.
6. Insurance
The Contractor is fully responsible for arranging, at his or her own expense, such life, health and other forms of insurance covering the term of this contract as he or she considers appropriate taking into account, among other things, the requirements of paragraph 5 above. The Contractor is not eligible to participate in the life or health insurance schemes available to UNICEF and United Nations staff members. The responsibility of UNICEF and the United Nations is limited solely to the payment of compensation under the conditions described in paragraph 7 below.
7. Service incurred death, injury or illness
If the Contractor is travelling with UNICEF’s prior approval and at UNICEF’s expense in order to perform his or her obligations under this contract, or is performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval, the Contractor (or his or her dependents as appropriate), shall be entitled to compensation from UNICEF in the event of death, injury or illness attributable to the fact that the Contractor was travelling with UNICEF’s prior approval and at UNICEF’s expense in order to perform his or her obligations under this contractor, or was performing his or her obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval. Such compensation will be paid through a third party insurance provider retained by UNICEF and shall be capped at the amounts set out in the Administrative Instruction on Individual Consultants and Contractors. Under no circumstances will UNICEF be liable for any other or greater payments to the Contractor (or his or her dependents as appropriate).
8. Arbitration
(a) Any dispute arising out of or, in connection with, this contract shall be resolved through amicable negotiation between the parties.
(b) If the parties are not able to reach agreement after attempting amicable negotiation for a period of thirty (30) days after one party has notified the other of such a dispute, either party may submit the matter to arbitration in accordance with the UNCITRAL procedures within fifteen (15) days thereafter. If neither party submits the matter for arbitration within the specified time the dispute will be deemed resolved to the full satisfaction of both parties. Such arbitration shall take place in New York before a single arbitrator agreed to by both parties; provided however that should the parties be unable to agree on a single arbitrator within thirty days of the request for arbitration, the arbitrator shall be designated by the United Nations Legal Counsel. The decision rendered in the arbitration shall constitute final adjudication of the dispute.
9. Penalties for Underperformance
Payment of fees to the Contractor under this contractor, including each installment or periodic payment (if any), is subject to the Contractor’s full and complete performance of his or her obligations under this contract with regard to such payment to UNICEF’s satisfaction, and UNICEF’s certification to that effect.
10. Termination of Contract
This contract may be terminated by either party before its specified termination date by giving notice in writing to the other party. The period of notice shall be five (5) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a total period of less than two (2) months and ten (10) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a longer period; provided however that in the event of termination on the grounds of impropriety or other misconduct by the Contractor (including but not limited to breach by the Contractor of relevant UNICEF policies, procedures, and administrative instructions), UNICEF shall be entitled to terminate the contract without notice. If this contract is terminated in accordance with this paragraph 10, the Contractor shall be paid on a pro rata basis determined by UNICEF for the actual amount of work performed to UNICEF’s satisfaction at the time of termination. UNICEF will also pay any outstanding reimbursement claims related to travel by the Contractor. Any additional costs incurred by UNICEF resulting from the termination of the contract by either party may be withheld from any amount otherwise due to the Contractor under this paragraph 10.
11. Taxation
UNICEF and the United Nations accept no liability for any taxes, duty or other contribution payable by the consultant and individual contractor on payments made under this contract. Neither UNICEF nor the United Nations will issue a statement of earnings to the consultant and individual contractor.
[1] Adoption of this approach is open to other agencies which are part of the United Nations Development Group (UNDG). In 2008 HACT has been expanded beyond the four funds and programmes in ‘Delivering as One’ pilots. UNESCO, UNOPS, FAO, UNIDO and HABITAT have confirmed that they will use HACT where applicable to their operations in pilot countries.
