Shortcuts

Consultant: SRFP Annex 4 - Small Assignment - Lump-Sum

1. Services
2. Term
3. Payment
4. Project Administration
5. Performance Standards
6. Confidentiality
7. Ownership of Material
8. Consultant Not to be Engaged in Certain Activities
9. Insurance
10. Assignment
11. Law Governing Contract Language
12. Dispute Resolution

SAMPLE CONTRACT FOR CONSULTING SERVICES
SMALL ASSIGNMENTS - LUMP-SUM PAYMENTS
(IBRD/IDA FINANCED)

CONTRACT

THIS CONTRACT ("Contract") is entered into this [insert starting date of assignment], by and between [insert Client's name] ("the Client") having its principal place of business at [insert Client's address], and [insert Consultant's name] ("the Consultant") having its principal office located at [insert Consultant's address].

WHEREAS, the Client wishes to have the Consultant perform the services hereinafter referred to, and

WHEREAS, the Consultant is willing to perform these services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services	(i) The Consultant shall perform the services specified in Annex A, "Terms of Reference and Scope of Services," which is made an integral part of this Contract ("the Services"). (ii) The Consultant shall provide the personnel listed in Annex B, "Consultant's Personnel," to perform the Services. (iii) The Consultant shall submit to the Client the reports in the form and within the time periods specified in Annex C, "Consultant's Reporting Obligations."
2. Term	The Consultant shall perform the Services during the period commencing [insert starting date] and continuing through [insert completion date], or any other period as may be subsequently agreed by the parties in writing.
3. Payment	A. Ceiling For Services rendered pursuant to Annex A, the Client shall pay the Consultant an amount not to exceed [insert amount]. This amount has been established based on the understanding that it includes all of the Consultant's costs and profits as well as any tax obligation that may be imposed on the Consultant. B. Schedule of Payments The schedule of payments is specified below:¹ [insert amount and currency] upon the Client's receipt of a copy of this Contract signed by the Consultant; [insert amount and currency] upon the Client's receipt of the draft report, acceptable to the Client; and [insert amount and currency] upon the Client's receipt of the final report, acceptable to the Client. [insert amount and currency] Total C. Payment Conditions Payment shall be made in [specify currency], no later than 30 days following submission by the Consultant of invoices in duplicate to the Coordinator designated in paragraph 4.
4. Project Administration	A. Coordinator The Client designates Mr./Ms. [insert name] as Client's Coordinator; the Coordinator will be responsible for the coordination of activities under this Contract, for acceptance and approval of the reports and of other deliverables by the Client and for receiving and approving invoices for the payment. B. Reports The reports listed in Annex C, "Consultant's Reporting Obligations" shall be submitted in the course of the assignment, and will constitute the basis for the payments to be made under paragraph 3.
5. Performance Standards	The Consultant undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Consultant shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory.
6. Confidentiality	The Consultants shall not, during the term of this Contract and within two years after its expiration, disclose any proprietary or confidential information relating to the Services, this Contract or the Client's business or operations without the prior written consent of the Client.
7. Ownership of Material	Any studies reports or other material, graphic, software or otherwise, prepared by the Consultant for the Client under the Contract shall belong to and remain the property of the Client. The Consultant may retain a copy of such documents and software.2
8. Consultant Not to be Engaged in Certain Activities	The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services.
9. Insurance	The Consultant will be responsible for taking out any appropriate insurance coverage.
10. Assignment	The Consultant shall not assign this Contract or sub-contract any portion of it without the Client's prior written consent.
11. Law Governing Contract and Language	The Contract shall be governed by the laws of [insert government], and the language of the Contract shall be³ [insert language].
12. Dispute Resolution⁴	Any dispute arising out of the Contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with the laws of the Client's country.

FOR THE CLIENT	FOR THE CONSULTANT
Signed by ____________________	Signed by ____________________
Title: ________________________	Title: ________________________

LIST OF ANNEXES

Annex A: Terms of Reference and Scope of Services

Annex B: Consultant's Personnel

Annex C: Consultant's Reporting Obligations

Annex 3. Small Assignment - Time Based

Footnotes

¹ Modify, in order to reflect the output required, as described in Annex C.

² Restrictions about the future use of these documents and software, if any, shall be specified at the end of paragraph 7.

³ The law selected by the Client is usually the law of its country. However, the Bank does not object if the Client and the Consultant agree on another law. The language shall be English, French or Spanish, unless the Contract is entered with a domestic firm, in which case it can be the local language.

⁴ In the case of a Contract entered into with a foreign Consultant, the following provision may be substituted for paragraph 12: "Any dispute, controversy or claim arising out or relating to this Contract or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force."

Permanent URL for this page: http://go.worldbank.org/7WA956V760