/ Contract between KENAS and Assessor/Expert / KENAS-TS-F-006-01
Page (1) of (3)

THIS CONTRACT is made and entered into as of …………………………….., (the "Effective Date:") by and between ------«Name», hereinafter referred to as the "Assessor/Expert," and the Kenya Accreditation Service, the national body for the accreditation of Conformity Assessment Bodies (CABs) such as laboratories, certification bodies, product certification bodies, inspection bodies, and personnel certification, in Kenya, hereinafter referred to as "KENAS".

WHEREAS, the Assessor/Expert represents that s(he) is technically knowledgeable and experienced in assessing the competence of a CABs;

WHEREAS, KENAS operates a national program to assess and accredit laboratories utilizing the services of skilled independent contractor Assessor/Expert;

WHEREAS, KENAS seeks to engage the Assessor/Expert to provide such services, and;

WHEREAS, the Assessor/Expert is available and wishes to perform such tasks;

NOW THEREFORE, it is mutually agreed by and between the parties hereto as follows:

  1. PERFORMANCE:

Services: The Assessor/Expert agrees to provide the following services to KENAS:

a)Assessments using reference documents supplied by KENAS, based on KENAS designated national and international standards for accreditation, and using the Assessor/Expert's knowledge of particular specific areas of assessment;

b)Written reports of the assessments and of the Non conformities found in the assessment against the accreditation requirements including the details of an applicant's Scope of Accreditation, as applicable;

c)Perform in a professional manner the duties and responsibilities ofKENASAssessor/Expert within the limits prescribed by KENAS.

Assignments: KENAS is under no obligation to assign any assessments to the Assessor/Expert under this contract. The Assessor/Expert may also refuse to perform any assignment of an assessment for any specific reason’s, this reason shall be put in writing.

  1. CONFLICT OF INTEREST AND CONFIDENTIALITY

The Assessor/Expert shall comply with KENAS's Conflict of Interest, Confidentiality and Intellectual Property as presented stated below and shall refuse any assignments prohibited by this policies:

Conflict Of Interest: Since its inception, KENAS has had a policy that actual or apparent conflicts of interest must be avoided as mandated by normal business ethics. "Conflict of interest" means that condition or circumstance wherein a person is unable or is potentially unable to render impartial services, assistance, advice, assessment, evaluation or decision for KENAS because of other activities such as consultancy before the assessment or relationships with other persons/ CABs, or wherein a person has or may be able to obtain an unfair competitive advantage. The Assessor/Expert shall avoid giving any consultancy to a CAB that he/she assesses as part of the KENAS team, after the assessment is over.

Confidentiality: The term "Confidential Information" shall mean all information and data, which may be disclosed to or acquired by the Assessor/Expert, with respect to a CABs business and operations.

Applicability: It is understood and agreed that Confidential Information is proprietary property of the CAB and that the misuse or disclosure ofConfidential Information may be detrimental to the CAB. Accordingly, during the term of this Contract and at all times thereafter, the Assessor/Expert shall:

  • Not use Confidential Information for any purpose other than to perform assessment or other related Services under this Contract; and
  • At the termination of this Contract, promptly return to KENAS, all copies of Confidential Information, and return or destroy, and document the destruction of, all summaries, abstracts, extracts, or other documents which contain any Confidential Information in any form.

Loyalty: Assessor/Experts are required to perform all activities, at all times, under common understanding based on, but not limited to, excluding both actions and omissions that may injure or compromise past, current and future status of the organization.

Undue favour: The Assessor/Expert will not demand any undue favour from the CAB.

3. HOLD HARMLESS

KENAS shall indemnify and hold harmless its, Assessor/Experts, their heirs and legal representatives from any and all claims for loss, liability or damage, including costs, fees and expenses that arise out of or in connection with the acts or omissions of such person committed in the performance of the accreditation program activities provided that such person acted in good faith and in a commercially reasonable manner that was consistent with the best interests of KENAS. The Assessor/Expert, agrees to indemnify, defend and hold harmless KENAS, its officers, and employees from any and all claims and losses accruing or arising from the Assessor/Expert’s willful negligence or intentionally wrongful acts in connection with the performance of this Contract.

4. UPON COMPLETION OF ASSESSMENT

Assessor/Expert shall submit to the Lead Assessoron the last day of an assessment their 1)Individual Assessor/Expert report, Non conformity reports and all relevant attachments including checklist if any;

2) The Lead Assessor shall on the last day of assessment present the signed off Non conformity reports and supporting information to KENAS and within 5 days of Assessment present his/her final report to KENAS.

5. PAYMENT

KENAS shall effect payment of approved allowances to Assessor/Expert upon successful presentation of the assessment report.

ASSESSOR/EXPERT
ADDRESS: / ______«Name»
______«ORGANIZATION NAME»
______«Physical & Postal Address»
______«CITY», (COUNTRY)

IN WITNESS WHEREOF, the parties hereto have executed this Contract on ______(DATE)and is valid for three years, extendable if desired by both parties.

KENAS / ASSESSOR/EXPERT
On behalf of KENAS
(Management Representative) / Assessor/Expert’s (Sign)
Name / Assessor/Expert’s(Name)
Assessor/Expert’sRef No