Common use of Hiring Government Institutions or Government Officials Clause in Contracts

Hiring Government Institutions or Government Officials. Except as otherwise agreed between the Parties, the UN Agency shall not hire any Government institution or any Government-owned enterprise or institution as a Contractor under this Agreement, unless it has been established by the Government to the Bank’s satisfaction that such Government-owned enterprise or institution is legally and financially autonomous, operates under commercial or private law, and is not a dependent agency of the Government (the “Eligibility Test”). As an exception, a Government-owned university, research center or other similar institution that does not meet this Eligibility Test may be hired as a Contractor by the UN Agency if it has been established by the Government to the Bank’s satisfaction that the services of such institution are of a unique and exceptional nature (including because of the absence of a suitable private sector alternative) and its participation is critical to the successful execution of the Technical Assistance. Except as otherwise agreed between the Parties, the UN Agency shall not hire any official or civil servant of the Government’s country as a Consultant unless it has been established by the Government to the Bank’s satisfaction that (i) such official or civil servant is on leave of absence without pay, or has resigned or retired; and (ii) the Technical Assistance is not being provided to the ministry or agency for which that official or civil servant was working before going on leave or, in the case of resignation or retirement, unless a period of at least six (6) months (or any longer period established by the applicable rules for civil servants in the Government’s country) has passed since such resignation or retirement from that ministry or agency. As an exception, the Bank may agree, upon request by the Government, that a professor or other expert from a Government-owned university, research center or similar institution may be hired as a Consultant by the UN Agency on a part-time basis without being on leave of absence without pay, provided such professor or other expert has been employed full-time by his or her institution for at least one (1) year prior to hiring by the UN Agency and such hiring is justified for the services. Without prejudice to Paragraph 11 above, if, for any reason beyond the reasonable control of the UN Agency, it becomes necessary to substitute any member of the team as included in Annex I, the UN Agency shall promptly replace such member with another having the required or better qualifications. For substitution of Consultants or Contractors’ personnel, where relevant, the UN Agency will submit to the Government a copy of the replacement’s CV for information. If the Government becomes aware of credible allegations that any member of the UN Agency’s team as included in Annex I has engaged in serious misconduct in relation to the Project or reasonably concludes that the performance of any of the team members is unsatisfactory, then the Government shall promptly share the sufficiently detailed information with the UN Agency specifying the grounds therefor. If, after receiving the Government’s written request, the UN Agency investigates the alleged misconduct or reviews the alleged unsatisfactory performance and concludes that the misconduct and/or the dissatisfaction with the performance of the team member justifies his/her replacement, the UN Agency will proceed with a replacement within the timeframe that is in line with the implementation schedule of this Agreement, subject to the UN Agency’s regulations, rules, policies and procedures.

Hiring Government Institutions or Government Officials. Except as otherwise agreed between the Parties, the UN Agency shall not hire any Government institution or any Government-owned enterprise or institution as a Contractor under this Agreement, unless it has been established by the Government to the Bank’s satisfaction that such Government-owned enterprise or institution is legally and financially autonomous, operates under commercial or private law, and is not a dependent agency of the Government (the “Eligibility Test”). As an exception, a Government-owned university, research center or other similar institution that does not meet this Eligibility Test may be hired as a Contractor by the UN Agency if it has been established by the Government to the Bank’s satisfaction that the services of such institution are of a unique and exceptional nature (including because of the absence of a suitable private sector alternative) and its participation is critical to the successful execution of the Technical Assistance. Except as otherwise agreed between the Parties, the UN Agency shall not hire any official or civil servant of the Government’s country as a Consultant unless it has been established by the Government to the Bank’s satisfaction that (i) such official or civil servant is on leave of absence without pay, or has resigned or retired; and (ii) the Technical Assistance is not being provided to the ministry or agency for which that official or civil servant was working before going on leave or, in the case of resignation or retirement, unless a period of at least six (6) months (or any longer period established by the applicable rules for civil servants in the Government’s country) has passed since such resignation or retirement from that ministry or agency. As an exception, the Bank may agree, upon request by the Government, that a professor or other expert from a Government-owned university, research center or similar institution may be hired as a Consultant by the UN Agency on a part-time basis without being on leave of absence without pay, provided such professor or other expert has been employed full-time by his or her institution for at least one (1) year prior to hiring by the UN Agency and such hiring is justified for the services. Removal and/or Replacement of Staff, Consultants, Contractors Without prejudice to Paragraph 11 above, if, for any reason beyond the reasonable control of the UN Agency, it becomes necessary to substitute any member of the team as included in Annex I, the UN Agency shall promptly replace such member with another having the required or better qualifications. For substitution of Consultants or Contractors’ personnel, where relevant, the UN Agency will submit to the Government a copy of the replacement’s CV for information. If the Government becomes aware of credible allegations that any member of the UN Agency’s team as included in Annex I has engaged in serious misconduct in relation to the Project or reasonably concludes that the performance of any of the team members is unsatisfactory, then the Government shall promptly share the sufficiently detailed information with the UN Agency specifying the grounds therefor. If, after receiving the Government’s written request, the UN Agency investigates the alleged misconduct or reviews the alleged unsatisfactory performance and concludes that the misconduct and/or the dissatisfaction with the performance of the team member justifies his/her replacement, the UN Agency will proceed with a replacement within the timeframe that is in line with the implementation schedule of this Agreement, subject to the UN Agency’s regulations, rules, policies and procedures.the