operations manual
Transcription
operations manual
Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV WORKFORCE DEVELOPMENT AUTHORITY – WDA Empowering people with employable skills and entrepreneurship capacity P. O. BOX 2707 Tel: (+250) 255113365 E-mail: info@wda.gov.rw Website: www.wda.gov.rw Rwanda Workforce Development Authority The Skills Development Project (SDP) VOLUME IV: FINANCIAL MANAGEMENT, PROCUREMENT PROCEDURES & ADMINISTRATIVE REGULATIONS Operations Manual File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 1 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV QUICK GUIDE Volume I: Background and Policy Framework Component 1 Delivery of Quality and Relevant Vocational Training Volume II: Component 2 TVET System Strengthening: Monitoring & Evaluation Reporting Volume III: Component 3 Rapid Skills Delivery / Skills Development Facility (SDF) Financial Management, Procurement Procedures and AdministraVolume IV: tive Regulations FOREWORD The Operations Manual (further referred to as the Manual or OM) defines policies and operating principles and provides guidance for the implementation of the Skills Development Project. The manual was developed by a task force of the WDA comprising of outgoing Deputy Director General Corporate Affairs – Fatina Mukarubibi, HR director – Francis Twinamatsiko, Finance director – Modeste Muhire, Private Sector Partnership Expert – Denis Rugamba, Ag., Director TVET-Sam Barigye, SDP Procurement Specialist – Leocadie Mwenzikazi, SDP M & E Specialist – Rose Uwagirisa and Senior Expert Planning & Project Management – Prof., Mwangi Maringa. This task force facilitated wide consultation with a cross-section of stakeholders/ implementers within the WDA that included Aime Mpamo – Curriculum Development Head, Rose Mukantabana – Assessment & Certification head, Johnson Rutayisire – Training of Trainers head, Charles Sekanyambo – Ag., Director Schools Development and Gerald Karamutsa representing Schools Management Systems. The task force worked under the guidance of the outgoing WDA DG and now Minister of Infrastructure Hon., Albert Nsengiyumva and the incumbent DG, Jerome Gasana. The Manual has been developed in accordance with the World Bank’s policy and procedures. It benefitted from close guidance of the World Bank Task team leader Margo Hoftijzer, with the added advice of Clemens Romjin (an M & E consultant) and Guenter Schieske (Project and Financial consultant). The manual was approved by the WDA in August 2011 and by the Word Bank in September 2011. It is a dynamic document and will be updated from time to time in response to changes and developments of the project and the provisions for its implementation. It is structured to be used by the WDA / PMPU, by other Project stakeholders, and by internal and external auditors. This Volume IV offers guidance on accessing, utilizing and accounting for SDP resources; the audience for volume IV are also the implementers (VTCs) and units of the WDA that provide technical inputs for components I & II of the SDP. Date: Date: Signed:_____________________________ Signed:_______________________________ File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 2 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) WDA, Director General Operations Manual Volume IV World Bank This manual should be read in conjunction with the project Specific Financing Agreement and the various standard guidelines and procedures issued by the World Bank and the Government of Rwanda referred to hereinafter. Relevant Laws, regulations of state authorities, and Contracts supersede the Manual. ABBREVIATIONS AND ACRONYMS 9YBE AEAs APEFE BTC CAS CBT CB-DD CB-DR CDAP CQBS CQS DA DDG DG DP EA EDPRS ESMF ESMPs ESSP FBS FM FY GDP GER GoR GIZ HCSDS Nine Years of Basic Education Autonomous Education Agencies Association for the Promotion of Education and Training Abroad Belgian Technical Cooperation Country Assistance Strategy Competency-Based Training Competency-Based, Demand-Driven Competency-Based, Demand-Responsive Country Development Action Plan Consultant Qualification Based Selection Consultant Qualifications Designated Account Deputy Director General Director General Development Partner Environmental Assessment Economic Development and Poverty Reduction Strategy Environmental and Social Management Framework Environmental and Social Management Plans Education Sector Strategic Plan Fixed Budget Selection Financial Management Fiscal Year Gross Domestic Product Gross Enrollment Ratio Government of Rwanda German Society for International Cooperation Human Capital and Skills Development Strategy File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 3 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) IAP IBRD IC ICB ICT IDA IFR IPRC IPSAS ISR JICA KOICA LCS M&E MDAs MINECOFIN MINEDUC NCB NQF NUFFIC OAG OECD OP/BP ORAF PAD PBET PBU PDO PMPU PMU PPIU P-RAMS PS QBS QCBS RDB REMA RPPA SBD SDF Volume IV Industrial Attachment Programme International Bank for Reconstruction and Development Individual Consultants International Competitive Bidding Information and Communications Technology International Development Association Interim Financial Report Integrated Polytechnic Regional Center International Public Sector Accounting Standards Implementation Status Report Japan International Cooperation Agency Korean International Cooperation Agency Least-Cost Selection Monitoring and Evaluation Ministries, Departments, and Agencies Ministry of Finance and Economic Planning Ministry of Education National Competitive Bidding National Qualification Framework Netherlands Organization for International Cooperation in Higher Education Office of the Auditor General Organization for Economic Co-operation and Development Operational Policy // Bank Policy Operational Risk Assessment Framework Project Appraisal Document Post-Basic Education and Training Partnership Building Unit Project Development Objectives Project Management and Planning Unit Project Management Unit Project Planning and Implementation Unit Procurement Risk Assessment & Management System Permanent Secretary Quality Based Selection Quality and Cost Based Selection Rwanda Development Board Rwanda Environmental Management Agency Rwanda Public Procurement Authority Standard Bidding Document Skills Development Facility File: om-volume 4 - 128 Operations Manual 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 4 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) SDP SIL SMEs SOE SRFP SSS STEL STI TA TEVSA TNA ToT TSS TVET TWS UNICEF USAID VT VTC VVOB WB WDA Operations Manual Volume IV Skills Development Project Specific Investment Loan Small and Medium Enterprises Statements of Expenditures Standard Request for Proposals Single-Source Selection Standard Training Equipment Lists Science, Technology and Innovation Technical Assistance Technical and Vocational Schools Association Training Needs Analysis Training of Trainers Technical Secondary School Technical-Vocational Education and Training Training Workshop Specifications United Nations Children’s Education Fund United States for International Development Vocational Training Vocational Training Center Flemish Association for Development Cooperation and Technical Assistance World Bank Workforce Development Authority REVISIONS TO THE MANUAL This manual will be available at the WDA website in a read-only and printable version. All personnel are required to familiarise themselves with its contents. Test that is highlighted in blue colour will hyperlink to the corresponding document. Proposals for change and supplements are welcome, and should be addressed to the Director Project Management and Planning Unit (PMPU). Changes have to be approved by the Director General Workforce Development Authority (WDA). Approved revisions August 2011 File: om-volume 4 - 128 DIVERSION FROM PAD: Responsibility for IAP shifted from Director Quality Assurance and Accreditation (DQAA) to Director Partnership Building (DPB) under the Private Sector Partnership Docket. SIGNATORIES: From the PAD’s SDP Manager, Director PMPU & Director of Finance to the OM’s DG, SDP Manager & Director of Finance 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 5 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV ADDRESSES Workforce Development Authority P. O. Box 2707 Kigali – Rwanda Tel: (+250) 255113365, +250-788-308-785 E-mail: info@wda.gov.rw , Jerome@wda.gov.rw, gasajerome@yahoo.com Contact Person: Jerome Gasana, the Director General WDA. PMPU P. O. Box 2707 Kigali – Rwanda Tel: (+250) 255113365, +250-788-829-776 E-mail: mwangi@wda.gov.rw, pmmaringa@yahoo.co.uk Contact Person: Paul Mwangi Maringa, Senior Expert Planning and Project Management for Director PMPU. SDP P. O. Box 2707 Kigali – Rwanda Tel: (+250) 255113365, +250-788-303-886 E-mail: wmuyenzi@yahoo.com Contact Person: Wilson Muyenzi, Ag., SDP Manager. SDF P. O. Box 2707 Kigali – Rwanda Tel: (+250) 255113365 E-mail: info@wda.gov.rw Contact Person: XXXX, SDF Manager. Word Bank P. O. Box …………………………….. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 6 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Tel: …………………………………….. E-mail: ……………………………….. Contact Person: Margo Hoftijzer, the Task Team Leader, World Bank File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 7 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV This Volume consists of the following 3 parts: 6Part 1: Financial Management (Page 15 - 35) Part 2: Procurement Procedures (Pages 36 - 64) Part 3: Administrative Regulation (Pages 65- 115) Annex 1: Sample Procurement Plan (Pages 116 - 118) Annex 2: Detailed Procurement Plan (Pages 119 - 121) Annex 3: Additional Administrative Regulations (Pages 122 - 130) TABLE OF CONTENTS Fore matter QUICK GUIDE ............................................................................................................................................2 FOREWORD ...............................................................................................................................................2 ABBREVIATIONS AND ACRONYMS .........................................................................................................3 REVISIONS TO THE MANUAL ..................................................................................................................5 ADDRESSES ...............................................................................................................................................6 Main Text PART 1: FINANCIAL MANAGEMENT ................................................................................................... 15 SPECIFIC ABBREVIATIONS AND ACRONYMS ..................................................................................... 15 1. INTRODUCTION AND OVERVIEW .................................................................................................... 17 2. 2.1 2.2 FINANCIAL POLICY FRAMEWORK ............................................................................................... 18 FINANCIAL MANAGEMENT SYSTEM REQUIREMENTS ..................................................... 18 2.1.1 Subsidiary Agreement ..................................................................................................... 19 2.1.2 Anti-Corruption ............................................................................................................... 20 FINANCIAL REPORTS, AUDITS AND CONTROLS ........................................................... 20 2.2.1 Financial Reports ............................................................................................................. 20 2.2.2 Financial Audits ............................................................................................................... 21 2.2.3 Internal Controls and Internal Audit ...................................................................................... 22 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 8 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 2.3 PROJECT COST AND FINANCING ................................................................................ 23 2.4 ELIGIBLE EXPENDITURES .................................................................................... 23 2.5 STAFFING AND ASSIGNMENTS OF AUTHORITY AND RESPONSIBILITIES ............................... 24 3. FINANCIAL PLANNING AND BUDGETING ....................................................................................... 25 3.1 BUDGETING ARRANGEMENTS .......................................................................................... 26 3.2 EXPENDITURE BUDGETING ............................................................................................. 26 3.3 BUDGETING PROCESS.................................................................................................. 26 4. ACCOUNTING POLICIES, PROCEDURES, CONTROLS AND INFORMATION SYSTEMS ................. 27 4.1 ACCOUNTING SYSTEM AND ARRANGEMENT ............................................................................. 27 4.2 CHART OF ACCOUNTS ................................................................................................. 28 4.2.1 Bank accounts ................................................................................................................. 28 4.2.2 Reconciliation of bank accounts...................................................................................... 29 4.2.3 Custody of accounting records ........................................................................................ 29 4.3 ACCOUNTING FOR TRANSACTIONS (GOODS, WORKS AND SERVICES PROCURED -CONTRACT MANAGEMENT) ............. 30 4.3.1 Delivery of works .................................................................................................................... 30 4.3.2 Delivery of goods .................................................................................................................... 30 4.3.3 Delivery of services................................................................................................................. 31 4.3.4 Actual payments ..................................................................................................................... 31 4.4 PETTY CASH SYSTEM .................................................................................................. 31 I. PETTY CASH OPERATIONS .............................................................................................. 31 II. REPLENISHMENT OF THE PETTY CASH ................................................................................... 32 III. PAYMENTS ........................................................................................................... 32 5. DISBURSEMENT................................................................................................................................. 33 5.1 PURPOSE ............................................................................................................. 33 5.2 DISBURSEMENT PROCEDURES AND GUIDELINES ..................................................................... 33 5.3 SUPPORTING DOCUMENTATION ........................................................................................ 34 PART II: ROCUREMENT MANAGEMENT.................................................................................... 36 1. 1.1 1.2 1.3 GENERAL ........................................................................................................................................ 36 DEFINITION/GLOSSARY ...................................................................................... 36 PROCUREMENT LAWS THAT WILL GUIDE THE PROJECT ................................................ 36 PROCUREMENT GUIDING PRINCIPLES ...................................................................... 37 2. SCOPE OF PROCUREMENT ........................................................................................................... 37 3. PROCUREMENT PLANNING.......................................................................................................... 37 4. PROCUREMENT UNIT ROLES AND RESPONSIBILITIES ......................................................... 38 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 9 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 4.1 4.2 4.3 4.4 Operations Manual Volume IV RWANDA PUBLIC PROCUREMENT AUTHORITY (RPPA) ............................................................ 38 WDA AND SKILLS DEVELOPMENT PROJECT ....................................................................... 38 INTERNAL TENDER COMMITTEE ................................................................................... 39 SUPPORTING UNITS........................................................................................... 39 4.4.1 Technical Departments .......................................................................................................... 39 5. 4.4.2. Legal Advisor ................................................................................................................ 39 4.4.3. Chief Budget Manager ................................................................................................. 40 4.4.5 Internal Reviews .............................................................................................................. 40 APPLICABLE PROCUREMENT GUIDELINES AND STANDARD DOCUMENTS ........................... 41 5.1 APPROVED PROCUREMENT METHODS FOR GOODS, WORKS AND NON-CONSULTING SERVICES / PRIOR REVIEW THRESHOLDS ................................................................................................. 41 5.1.1 Detailed Explanations ............................................................................................................. 43 5.2 6. 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 7. SPECIFIC PROCUREMENT SUBJECTS ............................................................................... 50 OTHER RULES AND REGULATIONS GOVERNING PROCUREMENT PROCESSES..................... 52 CORRUPTION ................................................................................................... 52 COLLUSION ..................................................................................................... 53 CONFLICT OF INTEREST ........................................................................................ 53 CONFIDENTIALITY .............................................................................................. 54 AMENDMENT AND MODIFICATIONS TO CONTRACTS ........................................................ 54 CLARIFICATIONS AND CORRECTION OF ARITHMETIC ERRORS ............................................... 55 TERMINATION OF PROCUREMENT PROCEEDINGS ........................................................... 55 FORMS OF COMMUNICATION ................................................................................. 55 6.8.1 Debriefing ........................................................................................................................ 55 6.8.2 Dispute Resolution .......................................................................................................... 56 6.8.3 Suspension of proceedings, et.alia .................................................................................. 56 6.8.4 Decision by procuring entity ........................................................................................... 56 APPEAL OF PROCURING ENTITY DECISIONS ................................................................... 57 OTHER SPECIFIC CONSIDERATIONS............................................................................ 57 6.10.1 Record Keeping: .............................................................................................................. 57 6.10.2 Preparation of Technical Specifications .......................................................................... 57 6.10.3 Evaluation Criteria specified in the SBD/RFP .................................................................. 58 6.10.4 Post Qualification ............................................................................................................ 58 6.10.5 No-Objections/Prior Review stages ................................................................................ 58 PROCUREMENT BY SUB-GRANTS BENEFICIARIES OF THE SDF ......................................... 60 7.1 PROCUREMENT PRINCIPLES. ..................................................................................................... 60 7.2 PROCUREMENT ARRANGEMENT......................................................................................... 60 7.3 PROCUREMENT REVIEWS BY THE SDF SECRETARIAT .......................................................... 61 7.4 PROCUREMENT METHODS .................................................................................................. 61 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 10 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 7.5 Operations Manual Volume IV TEMPLATE DOCUMENTS ..................................................................................................... 63 PART III: HUMAN RESOURCE POLICIES AND PROCEDURES .................................................... 64 1. INTRODUCTION ................................................................................................................................. 64 1.1 FORMULATION AND APPROVAL .................................................................................... 64 1.2 RECRUITMENT POLICY & PROCEDURES ........................................................................ 64 1.3 OBJECTIVES .......................................................................................................... 65 1.4 RECRUITMENT PRINCIPLES.......................................................................................... 65 A. Compliance to Local Legislation .............................................................................................. 65 C. Employment of Expatriates ..................................................................................................... 65 D. Reputation as a Good Employer.............................................................................................. 65 E. Long Term Potential ................................................................................................................ 66 F. Authority and Responsibility for Recruitment ........................................................................ 66 G. Recruitment............................................................................................................................. 66 H. Recruitment Methods ............................................................................................................. 66 I. Preparation.............................................................................................................................. 67 ii. Position Analysis ...................................................................................................................... 68 iii. Job description ........................................................................................................................ 68 J. Advertising the Vacancy ............................................................................................................... 70 P. Selection Process ..................................................................................................................... 72 i. Planning the Interview ............................................................................................................ 72 Q. Testing ..................................................................................................................................... 73 R. Conducting the Interview – Questioning ................................................................................ 73 S. Choosing the Right Candidate ..................................................................................................... 74 i. Assessing Suitability ................................................................................................................ 74 T. Making the Decision to Appoint .................................................................................................. 74 U. Classification of Appointments ................................................................................................... 75 V. Employment Contract ................................................................................................................. 75 W. Employee Induction ................................................................................................................... 75 X. Probationary Period ................................................................................................................... 77 Y. Confirmation................................................................................................................................ 77 Z. Transfers ...................................................................................................................................... 78 AA. Personnel Records .................................................................................................................... 78 2. STAFF TRAINING AND DEVELOPMENT POLICY............................................................................. 78 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 11 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 2.1 PRINCIPLES ............................................................................................................. 79 2.2 JOB DESCRIPTION AND COMPETENCY MAPPING ...................................................................... 79 2.3 COMPETENCY MAPPING PROCESS................................................................................... 80 2.4 DEVELOPMENT OF TRAINING PROGRAMMES ......................................................................... 80 2.5 NOMINATIONS AND TRAINING DELIVERY............................................................................. 80 2.6 TRAINING EVALUATION ............................................................................................ 81 A. Pre-Course Evaluation ............................................................................................................. 81 B. End of Course .......................................................................................................................... 81 C. Post Course Evaluation............................................................................................................ 81 RESPONSIBILITIES FOR TRAINING AND DEVELOPMENT ................................................................. 81 2.7 A. The Individual .......................................................................................................................... 81 A. Department/ Line Managers ................................................................................................... 81 B. The Head of HR unit ................................................................................................................ 82 SELF-STUDY POLICY ................................................................................................ 82 2.8 A. Implementation ...................................................................................................................... 82 B. Study/ Further Education ........................................................................................................ 82 C. Study Assistance Policy and Guidelines .................................................................................. 83 D. Approval Criteria: .................................................................................................................... 83 E. Sponsorship ............................................................................................................................. 83 3. TERMS & CONDITIONS OF EMPLOYMENT...................................................................................... 84 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 TIME RECORDS FOR STAFF ........................................................................................ 84 WEEKENDS, PUBLIC HOLIDAYS ...................................................................................... 84 PAYROLL DEDUCTIONS .......................................................................................... 84 LEAVE AND ABSENTEEISM .......................................................................................... 85 ANNUAL LEAVE ................................................................................................... 85 SICK LEAVE ...................................................................................................... 86 LEAVE WITHOUT PAY ............................................................................................ 87 COMPASSIONATE OR EMERGENCY/SPECIAL LEAVE .............................................................. 87 MATERNITY LEAVE .............................................................................................. 87 PATERNITY LEAVE ............................................................................................... 87 MISCARRIAGE ..................................................................................................... 87 STUDY LEAVE .................................................................................................... 87 ABSENCE WITHOUT LEAVE....................................................................................... 87 ACTING ALLOWANCE ............................................................................................. 88 STAFF MEDICAL BENEFITS ....................................................................................... 88 MOBILE PHONE AND LANDLINES COMMUNICATION ALLOWANCE ................................................ 88 RETIREMENT BENEFITS .......................................................................................... 89 MANDATORY RETIREMENT AGE..................................................................................... 89 BEREAVEMENT ................................................................................................... 89 4. CODE OF CONDUCT ........................................................................................................................... 89 4.1 4.2 4.3 POLICY STATEMENT .............................................................................................. 89 IMPLEMENTATION OF THE CODE .................................................................................... 89 COMPLIANCE TO POLICIES, RULES AND REGULATIONS................................................................. 89 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 12 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 4.4 PROFESSIONALISM, RESPECT AND COURTESY TO MEMBERS, STAKE HOLDERS, PARTNERS ................................. 90 4.5 ACCEPTANCE OR SOLICITATION OF GIFTS (IN CASH OR IN KIND) ........................................................ 90 4.6 ABUSE OF OFFICE .................................................................................................. 90 4.7 PUBLIC REPRESENTATION ................................................................................................ 91 4.8 DECLARATION OF CONFIDENTIALITY ................................................................................ 91 A. WDA activities and information. ............................................................................................ 91 CONFLICT OF INTEREST ............................................................................................. 92 CONDUCTS OF OTHER BUSINESS DURING OFFICE HOURS. ...................................................... 92 EXCESSIVE TIME/ATTENTION TO ACTIVITIES OUTSIDE THE ORGANISATION ..................................... 92 APPROVAL TO ENGAGE IN EXTERNAL ACTIVITIES ............................................................... 92 GENERAL CONDUCT ............................................................................................. 92 DRESS CODE ..................................................................................................... 92 4.9 4.10 4.11 4.12 4.13 4.14 5. COMMUNICATIONS POLICY.............................................................................................................. 92 POLICY STATEMENT ................................................................................................ 92 CORPORATE COMMUNICATIONS .................................................................................... 93 INFORMATION NOT FOR EXTERNAL COMMUNICATION ........................................................... 93 STAFF COMMUNICATIONS .......................................................................................... 93 RESPONDING TO REQUESTS FOR INFORMATION ...................................................................... 94 5.1 5.2 5.3 5.4 5.5 A. For potentially sensitive or controversial matters: ............................................................... 94 B. Routine customer Queries and Requests for Information .................................................... 94 C. Routine Employees Queries and Requests for Information.................................................. 94 COMMUNICATION CHANNELS....................................................................................... 94 5.6 A. Departmental & Branch Meetings .......................................................................................... 94 B. Internal Communication Directories ....................................................................................... 94 C. Electronic Communications..................................................................................................... 95 D. Notice Boards .......................................................................................................................... 95 E. Feedback from clients and partners........................................................................................ 95 F. Business Cards ......................................................................................................................... 95 G. Authenticity of documents...................................................................................................... 95 6. SALARY STRUCTURE ......................................................................................................................... 95 POLICY............................................................................................................ 95 STAFF ALLOWANCES .............................................................................................. 96 6.1 6.2 A. Staff allowances and reimbursable expenses ......................................................................... 96 7. GRIEVANCE HANDLING .................................................................................................................... 96 7.1 POLICY............................................................................................................ 96 7.2 PROCEDURES ..................................................................................................... 96 7.3 OBJECTIVES OF GRIEVANCE HANDLING ................................................................................... 97 7.4 HARASSMENT AT WORK............................................................................................ 97 7.5 THE RIGHT TO BE HEARD ........................................................................................... 97 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 13 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV THE RULE OF CONFIDENTIALITY ..................................................................................... 97 OUTCOME OF GRIEVANCE HANDLING ............................................................................... 97 7.6 7.7 8. PERFORMANCE APPRAISAL .......................................................................................................... 98 8.1 POLICY ............................................................................................................... 98 8.2 THE PURPOSE OF PERFORMANCE APPRAISAL ......................................................................... 98 8.3 THE OBJECTIVES OF APPRAISALS ARE: ............................................................................... 98 8.4 RESPONSIBILITY FOR THE APPRAISAL PROCESS....................................................................... 98 B. C. D. E. F. A. Individuals: .............................................................................................................................. 98 A. Departmental Heads: ............................................................................................................. 98 HUMAN RESOURCE UNIT: ............................................................................................ 99 REVIEW PERIODS ..................................................................................................... 99 CONFIDENTIALITY OF ASSESSMENT INFORMATION ....................................................................... 99 MANAGING DISAGREEMENTS .......................................................................................... 99 COMPONENTS OF THE APPRAISAL PROCESS ............................................................................ 100 i. The Appraisal Cycle ............................................................................................................... 100 ii. The Approach ........................................................................................................................ 101 iii. The Self and Manager Appraisals .......................................................................................... 101 iv. The Appraisal Interview......................................................................................................... 101 G. The Progress Meeting ........................................................................................................... 101 H. The Interim Review ............................................................................................................... 101 I. Success Criteria...................................................................................................................... 102 J. Performance Appraisal .......................................................................................................... 102 9. DISCIPLINARY POLICY & PROCEDURES ........................................................................................ 102 POLICY........................................................................................................... 102 OBJECTIVES ..................................................................................................... 102 CATEGORIES OF OFFENSES & APPROPRIATE DISCIPLINARY ACTION .................................................... 103 9.1 9.2 9.3 A. Category 1 Offences .............................................................................................................. 103 B. Category 2 Offences.............................................................................................................. 104 C. Category 3 Offences: ............................................................................................................. 104 D. Category 4 Offences .............................................................................................................. 105 9.4 THE DISCIPLINARY PROCESS ..................................................................................... 105 A. Informal Stage ....................................................................................................................... 105 C. Formal Written Warning ....................................................................................................... 106 F. Final Written Warning ........................................................................................................... 106 G. Disciplinary Investigations ..................................................................................................... 106 H. Dismissal ................................................................................................................................ 107 I. Instant Dismissal.................................................................................................................... 107 File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 14 of 128 Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV J. Employee Rights .................................................................................................................... 107 K. The Right of Appeal against a Disciplinary Decision.............................................................. 108 10. SEPARATION FROM SERVICE ...................................................................................................... 108 10.1 10.2 10.3 10.4 10.5 10.6 10.7 POLICY .......................................................................................................... 108 RESIGNATION (VOLUNTARY SEPARATION) BY THE EMPLOYEE ......................................................... 109 ADVANCE RESIGNATION WRITTEN NOTICE.......................................................................... 109 CLEARANCE OF ACCOUNTABILITIES ................................................................................. 109 USE OF ANNUAL LEAVE CREDITS ................................................................................... 109 TERMINATION (INVOLUNTARY SEPARATION) OF THE EMPLOYEE ...................................................... 109 TERMINATION WITHOUT NOTICE................................................................................ 110 11. OCCUPATIONAL HEALTH, SAFETY AND SECURITY ................................................................... 110 11.1 11.2 11.3 11.4 HEALTH AND SAFETY POLICY ....................................................................................... 110 SECURITY POLICY FOR STAFF ....................................................................................... 110 PERSONAL ACCIDENT INSURANCE .................................................................................. 111 EQUAL OPPORTUNITIES & GENDER EQUITY ........................................................................ 111 ANNEX 1: SAMPLE PROCUREMENT PLAN ........................................................................................ 114 I. GENERAL ........................................................................................................... 114 II. GOODS, WORKS AND NON-CONSULTING SERVICES ..................................................................... 114 III. SELECTION OF CONSULTANTS ......................................................................................... 115 Cost................................................................................................................................................ 116 ANNEX 2: DETAILED PROCUREMENT PLAN .................................................................................... 117 I. GENERAL ........................................................................................................... 117 II. GOODS AND WORKS AND NON-CONSULTING SERVICES .................................................................. 117 III. SELECTION OF CONSULTANTS ......................................................................................... 118 IV. IMPLEMENTING AGENCY CAPACITY BUILDING ACTIVITIES WITH TIME SCHEDULE ....................................... 119 ANNEX 3: ADDITIONAL ADMINISTRATIVE REGULATIONS ............................................................ 120 1.1 STAFF TRAVEL ......................................................................................................... 120 1.2 COMMUNICATION FACILITIES ...................................................................................... 120 1.3 IT/MIS POLICY .................................................................................................. 121 1.4 1.5 1.3.1 Computer Use................................................................................................................ 121 1.3.2 Password policy: ............................................................................................................ 122 1.3.3 Virus Protection: ............................................................................................................ 122 1.3.4 Internet and Email usage: ............................................................................................. 123 USE OF CARS ..................................................................................................... 123 CORRESPONDENCE AND DOCUMENT CONTROL ...................................................................... 124 1.5.1 General .......................................................................................................................... 124 1.5.2 Incoming Correspondence ............................................................................................ 125 File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 15 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 1.6 1.7 Volume IV 1.5.3 Outgoing Correspondence ............................................................................................ 125 1.5.4 Filing System .................................................................................................................. 125 1.5.5 Electronic and paper files .............................................................................................. 126 1.5.6 Obligatory file structure ................................................................................................ 126 LIBRARY.......................................................................................................... 127 OPEN SHARE FOLDER / INTRANET .................................................................................. 128 File: om-volume 4 - 128 Operations Manual 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 16 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV PART 1: FINANCIAL MANAGEMENT SPECIFIC ABBREVIATIONS AND ACRONYMS ACCA BNR CIMA CPA CSR DA EDPRS FMS FMR GoR IBRD IDA IPSAS KPIs M&E MINECOFIN PDO PFM SOE ToR WDA : Association of Certified Chartered Accountants : Banque Nationale du Rwanda : Institute of Chartered Management Accountants : Chartered Public Accountant : Civil Service Reform : Designated Account : Economic Development and Poverty Reduction Strategy : Financial Management Specialist : Financial Monitoring Reports : Government of Rwanda : The International Bank for Reconstruction and Development : International Development Association : International Public Sector Accounting Standards : Key Performance Indicators : Monitoring and Evaluation : Ministry of Finance and Economic Planning : Project Development Objective : Public Financial Management : Statement of Expenditure : Terms of Reference : Workforce Development Authority DEFINITIONS 1. “Anti-Corruption Guidelines” means the “Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants”, dated October 15, 2006 and revised in January 2011. 2. “Bank” means “THE WORLD BANK” including BRD and IDA. 3. “Annual Work Plan” means the Annual Work Plan for the Project Implementing Entity in connection with the Project. 4. “Category” means a category set forth in the table in Section IV of Schedule 2 to this Agreement. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 17 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 5. “Consultant Guidelines” means the “Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits and Grants by World Bank Borrowers” published by the Bank in January 2011. 6. “Environmental and Social Management Framework” and “ESMF” each means the Environmental and Social Management Framework dated January 31, 2011, adopted by the Recipient giving details of the programme of actions, measures and policies designed to maximize the benefits of the Project, eliminate, offset or mitigate any adverse environmental and social impacts of the Project, or reduce such impacts to acceptable levels. 7. “Environmental and Social Management Plan” and “ESMP” each means an Environmental and Social Management Plan, acceptable to the Association prepared in accordance with the ESMF pursuant to Section I.F of the Schedule to the Project Agreement, and giving details of the specific actions, measures and policies designed to facilitate the achievement of the objectives of the ESMF, along with the procedural and institutional measures needed to implement such actions, measures and policies, as such ESMP may be amended from time to time with the prior written agreement of the Association. 8. “Fiscal Year” and “FY” each means each fiscal year of the Recipient and of the Project Implementing Entity, commencing on July 1 and ending on June 30 of the subsequent year. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 18 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 1. INTRODUCTION AND OVERVIEW The Workforce Development Authority WDA) has the fiduciary responsibility that all funds are used for their intended and specified purpose. To this end, all funds are administered and supervised in accordance with due diligence to economy, efficiency and effectiveness, and compliance with the World Bank’s and GoR’s financial management policy and guidelines. This chapter provides an overview of financial management requirements and process for the Skills Development Project (SDP). BUDGETING, ACCOUNTING AND DISBURSEMENT AT A GLANCE The project has two sources of “income” from IDA and GoR: IDA GoR (US$ 30.0 M) (US$ 4.5 M) Direct Payment Supplier, Contractor, Consultant Designated Account (USD) in National Bank of Rwanda Project Account (Frw) in National Bank of Rwanda Transactions paid in either USD or Frw for SDP activities including sub-grants under SDF The funds of the project can be utilized on only the “eligible expenditure” which are defined somewhere later in this document. An estimated annual budget on the basis of the Annual Work Plan (activity based budgeting) has to be prepared prior to commencement of each financial year. The budget takes into consideration the Costing Framework and indicates costs by component to determine each fund’s cash flow requirements. WDA will receive disbursements from IDA Funds on the basis of incurred eligible expenditures (transaction-based disbursements). In the beginning an initial advance will be deposited into a Designated Account (DA) to expedite project implementation. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 19 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 2. Operations Manual Volume IV FINANCIAL POLICY FRAMEWORK 2.1 FINANCIAL MANAGEMENT SYSTEM REQUIREMENTS The World Bank’s operational policy for financial management requires the WDA to maintain adequate financial management systems – including accounting, financial reporting, and auditing – to ensure that accurate and timely information can be provided regarding project resources and expenditures. The requirements set forth in this policy call for a financial management system that can deliver the following: Ensure all transactions and balances relating to the project are recorded correctly and completely Ensure that funds are used only for their intended purposes in an efficient and economical way Ensure that funds are properly managed and flow smoothly, adequately, regularly, and predictably in order to meet the objectives of the project Enable the preparation of accurate and timely financial reports to provide the World Bank with information it needs to meet its fiduciary responsibilities Enable management to monitor the efficient implementation of the project Safeguard the project assets and resources The policy will be aligned to the national systems where possible and to this effect; the Financial Statements will be prepared in accordance with the following policies, which are been applied consistently in all material aspects, unless otherwise indicated. However, where appropriate and meaningful, additional information will be disclosed to enhance the usefulness of the Financial Statements and to comply with the requirements of Article 70 of the Organic Law on State Finances and Property: Law No. 37/2006 of 12 September 2006 and Ministerial Order N°002/07 of 9 February 2007 relating to Financial Regulations. The Financial Statements will be prepared on a modified cash basis of accounting, except where stated otherwise. In the context of Ministerial Order N°002/07 of 9 February 2007 relating to Financial Regulations the modified cash basis of accounting means financial transactions which are recognized in the books of account as follows: 1 Generally, transactions are recognized only at the time the associated cash flows take place; 2 The expenditure on acquisition of fixed assets is not capitalized. Thus fixed assets are written off on acquisition and the wear and tear (depreciation) of those assets is not recorded in the books of account; and 3 Prepaid expenditure/advances are written-off during the period of disbursement. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 20 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The recognized “modification” is as follows: 1 Invoices for goods and services which are outstanding on the date of the closure of the fiscal year are recognized as liabilities for that specific fiscal year; 2 Loans and advances are recognized as assets/liabilities at the time of disbursement and related interest is recognized only when disbursed. Interest payable on public debt is accrued; and 3 Book balances denominated in foreign currencies are converted into the Rwanda Francs at rates of exchange ruling on that date issued by the National bank of Rwanda. The associated exchange losses are recorded as recurrent expenditure while the exchange gains are recorded as recurrent revenue. The implementing institution (WDA) will continue to use the Integrated Financial Management Information System (IFMS) which is acceptable to the World Bank and has been used by the Government of Rwanda as financial management information system in Public sector financial management. The policy framework will endevaour to achieve a sound financial management system as illustrated below and taking into consideration the provisions of the subsidiary agreements: 2.1.1 Subsidiary Agreement 1) To facilitate the carrying out of the Project, the Recipient (GoR) shall make the proceeds of the Financing available to the Project Implementing Entity (WDA) under a File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 21 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV subsidiary agreement between the Recipient and the Project Implementing Entity, under terms and conditions approved by the Association (World bank), which shall include providing the Financing to the Project Implementing Entity on a grant basis (“Subsidiary Agreement”). 2) The Recipient shall exercise its rights under the Subsidiary Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Financing. Except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate or waive the Subsidiary Agreement or any of its provisions. 2.1.2 Anti-Corruption The Project Implementing Entity (the WDA) shall ensure that the Project are carried out in accordance with the provisions of the Anti-Corruption Guidelines. 2.2 FINANCIAL REPORTS, AUDITS AND CONTROLS 2.2.1 Financial Reports The SDP will submit to the World Bank quarterly unaudited interim financial reports (IFR) by adopting the formats and contents acceptable to the World Bank. The IFR have been harmonized with the GoR’s reporting format, agreed with IDA and will include the following content: A Statement of Revenue and Expenditure, A Statement of Financial Position (or financial assets and liabilities), Uses of funds by activities, Designated account reconciliation statement, Accounting policies and explanatory notes adopted by WDA. At the end of each quarter; WDA Senior accountant will print the accounting ledgers for editing and review, (S)He will ensure the accuracy and completeness of the skills development fund transactions (S)He shall then within 2 weeks proceed to prepare the IFR with the above mentioned contents; (S)he shall then submit it for review by Director of Finance and signature/approval by Director General as the responsible budget officer. The WDA finance Director will then ensure that the IFR is submitted to the World Bank not later than 45 days after the end of each quarter period. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 22 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The annual accounts for the projects will be produced within 3 months after the end of the financial year and subjected to the audit process in 2.2.2 below. Particular Reporting Requirements not later than October 31, 2013 or any other date agreed with the Bank prepare or cause to be prepared a report containing information on the evaluation of the Skills Development Facility (SDF), including its internal and external efficiency as well as recommendations pertaining to the improvement of the SDF’s performance. no later than December 31, 2013 or any other date agreed with the Bank carry out jointly with the Bank, a Mid-Term Review of the progress made in carrying out the Project; the Mid-Term Review shall assess, inter alia: i. the overall progress made during the implementation of the Project; ii. the results of the monitoring and evaluation activities; and iii. the report on the SDF; Not later than sixty days after the completion of the Mid-Term Review, commence the implementation of the recommendations of the Mid-Term Review as agreed with the Bank. 2.2.2 Financial Audits WDA will be responsible for the audit arrangements of IDA funds. Adequate audit arrangements will be put in place within three months after project effectiveness and subsequent years of effectiveness. The audits will be carried out by the Auditor General for state finances in the case Rwanda NPTC, or outsourced to an independent external auditor as agreed with IDA. Where the audit is conducted by an auditor other than the Supreme Audit Institution the recruitment of such an auditor MUST be done under the oversight of the Supreme Audit Institution to whom the auditor so appointed will address his opinion and submit his report and copy to the Bank. Where an audit is to be conducted by an auditor other than the OAG: The WDA FM will, a month before the year-end (30th June) submit its draft TORs defining the scope of the audit mission, an audit planning schedule and a shortlist of to the OAG with copy to the bank for Non Objection; Once the Non objection has been obtained, the WDA FM will hand over the same documentation together with any other directive to the procurement team to proceed with the recruitment process; The procurement specialist will observe the necessary procurement rules in the recruitment process; File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 23 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The WDA FM manager will ensure adequate planning to have the audit process run in good time; (S)He will ensure that all the necessary documents are availed to the auditors; (S)He will ensure the audit is concluded timely and that matters arising from the audit have been duly discussed and agreed with the Directors of Finance and FMS before they are included in the audit report with the sole objective of appreciate the reported inadequacy and the necessary remedies; (S)He will ensure that the audit opinion including a management report will are addressed to the auditor General and copied to IDA within six months following the end of each financial year. (S)He will prepare an action plan to address the comments and include target deadline dates for the implementation of the agreed remedies. 2.2.3 Internal Controls and Internal Audit Internal Controls The implementing institutions’ internal controls are documented in the financial instructions developed alongside the Organic Budget Law issued by MINECOFIN in 2007. These constitute basic principles designed to ensure that the accounting records are complete, relevant and reliable and that accounting practices are followed consistently. They will be used by: (i) IDA to assess the acceptability of the accounting, reporting and Internal Control Systems under the implementing institutions; (ii) Staff as a reference manual; and (iii) By the auditors to assess their accounting systems and controls and in designing specific audit procedures. Internal Audit WDA has internal audit function. The internal auditor will integrate in his annual plan depending on the risk level a review of the funding of Skills Development Project. The audit will be carried out in accordance with internationally accepted auditing standards. The internal auditors will conduct reviews which will include ex post verification of expenditure eligibility, as well as physical inspection of works and goods acquired during its implementation. The findings and recommendations of the Internal Auditors will be used by the Skills Development Project to improve its implementation in areas related to financial management and procurement. Internal audits will be carried out in accordance with the Internal Audit Charter published in June 2008, which lays down internationally accepted audit standards. Audits are performed on the basis of an Overall Work Plan (OWP). With respect to the project the most relevant risks are operational and include the following: File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 24 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Internal control deficiencies. Weaknesses in the accounting procedures. Weaknesses in the financial management procedures. Weaknesses in the management of the assets of the project. Litigation risks – the risk that disputes with contractors would result in litigation. Dependency on third parties or outsourcing for the performance of the activities of the project. The risk that the third party may fail to perform as contracted. Risk of bureaucracy associated with organisational structures and procedures resulting in delays to execute the project activities. Fraud risk. Contractual risks – associated with the design and provisions of contracts with third parties. Statutory risks – associated with non-compliance with certain laws statutory provisions. Staffing risks – failure to perform project activities arising from inadequate staff numbers, deficiency of relevant skills and mismatch between degree of responsibility and rewards. The internal auditor would also perform “value for money” audits to provide assurance on whether the financial resources of the project are being managed with economy and efficiency. The internal auditor should also follow-up the implementation of the agreed actions between management of the implementing institutions and the external auditors. Any non-compliance thereof should be included in the routine internal audit report. To prevent duplication of resources and effort the internal auditor should work in liaison with the auditors from the offices of the Auditor General who are mostly to perform the “compliance” and “value for money” audits of the project activities. 2.3 PROJECT COST AND FINANCING This is a Specific Investment Lending project through an IDA Credit. Project Cost and Financing (US$ million) Project Components 1. Delivery of Quality and Relevant VT 2. TVET System Strengthening 3. Rapid Skills Delivery Total Project Costs Project cost* IDA Financing % IDA Financing 23.6 3.3 7.6 34.5 19.1 3.3 7.6 30.0 81% 100% 100% 87% * Including physical and price contingencies, estimated at 10% of projected costs File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 25 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 2.4 ELIGIBLE EXPENDITURES The funds of the project shall be utilized on only the “eligible expenditure”. This means expenditure incurred exclusively in relation with the approved activities of the project, which have been specified as follows: Delivery of Quality and Relevant Vocational Training. TVET System Strengthening Rapid Skills Delivery The tables in chapter 5 dealing with Disbursement specify the categories of Eligible Expenditures, the allocations of the amounts of the Financing to each Category, and the percentage of expenditures to be financed for Eligible Expenditures in each Category. For Component 3 (Rapid Skills Delivery / Skills Development Facility) the eligible and noneligible expenditures are listed in the table below: Operational Infrastructure Goods Services Eligible Consulting services (national and international) Salaries for existing training or teaching Master trainers to upgrade trainers or deliver programmes staff Trainers to deliver training programme Insurance for trainees Local labour market studies Tracer studies Training materials Workshop materials Workshop consumables Equipment Minor refurbishing of immediate training facilities (Ceil- New construction ing for minor rehabilitation is 10% of the Sub-Grant) or major rehabilitation Administrative overhead Salaries for existing staff Vehicle rental or repair (5% of the Sub-Grant) New vehicles Rental of training premises Internal travel for training purposes (e.g. enterprise visits)staff and students Training abroad only in exceptional circumstances (where costs are lower than organizing domestic training) File: om-volume 4 - 128 NOT Eligible 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 26 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 2.5 STAFFING AND ASSIGNMENTS OF AUTHORITY AND RESPONSIBILITIES Staffing arrangements The WDA Finance Unit is responsible for all financial management issues of the project. The WDA Director of Finance will maintain the overall responsibility over the SDP’s finance team. The Senior Accountant of WDA, apart from the preparation of the WDA financial reports, will also be in charge of the financial reports of the project. The SDP Finance Officer will be in charge of the daily accounting routine of the project. The SDF Financial Specialist will be primarily dedicated to implementing the financial management aspects of component 3 and will be based in the Finance Unit. The structure & hierarchy of WDA Finance Unit The key staff members identified to support the implementation arrangements that will account for the SDP funds and SDF Sub-funds will include: The Director General of WDA or his delegate The Director PMPU The Project Manager SDP The Finance Director of WDA; The Manager SDF The Finance Specialist of SDF. The Senior Accountant WDA File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 27 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The Finance Officer and Procurement Specialist of SDP 3. FINANCIAL PLANNING AND BUDGETING Project’s financial period corresponds to the GoR fiscal year which runs from July 1 and ending on June 30 of the next year. Prior to commencement of each financial year the Project has to prepare an estimated annual budget on the basis of the Annual Work Plan and the Costing Framework. The estimated budget should indicate costs by components. The annual budget determines each fund’s cash flow requirements (Contribution of World bank and contribution of GOR), and provides the necessary information to estimate the necessary disbursements to the designated and the project account. The estimated annual budget has to be further broken down into quarterly cash flows which allow determining the timing of necessary disbursements and withdraws to and from special accounts. 3.1 Budgeting Arrangements Budget arrangements will be adapted as documented in the Government of Rwanda Manuals issued alongside the Organic Budget Law: the legal/accounting framework developed as part of the PFM reforms. The procedures documented therein will describe the roles and responsibilities of the WDA and PMPU in the budgeting process, the timing of the preparation of annual budgets, budget revision, and approval mechanisms. Budget variance analysis will be conducted to ensure budget variances are adequately addressed by project management in timely manner. 3.2 Expenditure budgeting The annual accounts will be prepared in accordance with the Cash Basis International Public Sector Accounting Standards (IPSAS) issued by IFAC and where appropriate disclosures have been made to ensure compliance with the requirements of Article 70 of the Organic Law on State Finances and Property: Law No. 37/2006 of 12 September 2006 and Ministerial Order N°002/07 of 9 February 2007 relating to Financial Regulations. 3.3 Budgeting process The process would encompass the following steps: i. Determining the objectives and goals of the project for the year being budgeted The objectives and goals of the project are clearly defined in the Project Appraisal Document (PAD) and other documents. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 28 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV ii. Determining the various project activities to be performed so as to achieve the objectives and goals. The project activities will be defined for each individual component of the SDP in the Annual Work Plan (AWP). The activities should be detailed for each individual component of the SDP. iii. Determining the financial resources that are required to finance those activities In cooperation with the Project manager it will be the responsibility of the procurement and finance personnel to verify and assign all necessary financial resources. iv. Review and approval of the draft budget for the project by the respective ministry. The project manager and FMS would present the draft for approval. To whom? Through monthly review of the budget variances necessary revisions would be identified. During a mid-year review there should be forecasts reflecting the expected expenditure for the year. After receiving the first budget call circular from MINECOFIN, all relevant units implementing the project will prepare a draft annual action plan in line with the set the objectives for the particular financial year; Project Manager will consolidate these individual units action plan into one document to be submitted for approval. Project Manager will submit the consolidated WDA action plan the Director PMPU; An internal budget committee chaired by the Director PMPU and whose members will include the SDP Manager, SDF Manager, Director of Finance, and the SDF Finance Management Specialist, will review the budget for finalization of each annual action plan. On the recommendation of WDA management, the finalized budget annual action plan will be submitted for approval to the WDA Board of Directors, and to IDA for Non Objection. The SDP Procurement Specialist will prepare the Procurement plan matching it with the action plan for approval by the WDA management and No Objection by IDA. The cash flow plan/disbursement arrangement to implement the procurement plan will be prepared by SDP finance officer, reviewed by WDA Director of Finance for the approval by the World Bank. The cash-flow plans will be prepared basing on the approved procurement plan. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 29 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 4. Accounting policies, procedures, controls and information systems This section provides an overview of the SDP’s accounting policies, systems and accounts structure. Accounting policies are broad-based assumptions that form the basis for preparation of financial statements and include specific principles, bases, conventions, rules and practices adopted. 4.1 Accounting system and arrangement The project is required to maintain an accounting system which can record and report on all commitments and expenditures, and comply with the terms of the Financing Agreement. This includes both project recurrent and capital expenditures financed by the World Bank and the GoR. The WDA Director of Finance, Senior Accountant together with the Project Finance Officer and SDF Financial Specialist will be responsible for setting up and maintaining the project accounts, preparation and submission of the withdrawal applications and reports. Adequate books of accounts which shall include ledgers, journals, cash books, assets registers (consumable inventories and fixed assets) suppliers and accounts receivable books will be maintained by the Finance Officer of SDP with the supervision of the Senior Accountant who is in charge of the overall financial reporting. The accounting system described in the GoR Financial Management Manual developed alongside the Organic Law on state finances and property issued by MINECOFIN in 2007 will be used to track, record, analyse and summarize the SDP’s financial transactions. The projects’ accounts will be prepared on a modified cash basis in accordance with International Public Sector Accounting Standards (IPSAS), the credit agreement, and the laws and regulations in Rwanda. The accounting systems will allow for the proper recording of the project’s financial transactions, including the allocation of expenditures in accordance with its components, disbursement categories, and sources of funds. Appropriate controls over the preparation and approval of transactions are in place to ensure that all transactions are correctly made, recorded, and reported upon. 4.2 Chart of accounts The recording of transactions will be done using the GoR chart of accounts. Primarily, the chart is designed to address the various financial reporting requirements of the stakeholders in the project. At a minimum the stakeholders require the following information: The financial contribution of the bank and GoR to the project (Source of funds) File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 30 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The expenditure incurred from the funds of the bank and GoR on each component and sub-component of the project. Project activities within each component Categories of Expenditure, as outlined in the table at chapter 5 Disbursement. 4.2.1 Bank accounts WDA will open at the National Bank of Rwanda a designated account (DA) for IDA’s disbursement (US$) and one Project Account (Frw) for GoR disbursements. The bank account shall have authorized signatories in sufficient numbers and categories to prevent possibility of operational shortfalls due to absence of one or more signatories, and to ensure sufficient internal controls over the financial resources of the project. Two signatories are required for any cheque. Details pertaining to opened bank accounts and associated signatories will be documented in the disbursement letter. The bank signatories for GoR project account shall be: 1. Director General of WDA or his/her official delegatee 2. Director of Finance 3. Project Manager SDP The bank signatories for the IDA designated account shall be: 1. Director General of WDA or his/her official delegatee 2. Director of Finance 3. Project Manager SDP 4.2.2 Reconciliation of bank accounts At regular intervals not exceeding one month, the accountants at WDA, MINECOFIN shall obtain statements of account for each bank account. The intervals may be reviewed for internal management purposes depending on the volume of transactions provided that the FMS keeps abreast with the state of affairs of the bank accounts. The accountants shall promptly reconcile each of the bank accounts by matching each transaction thereon with the corresponding record in the respective cash books. All entries in the bank statements not supported by the established prior internal authorisation must be promptly reported to the Director of Finance. As part of compliance with month-end procedures, the accountants shall prepare a reconciliation statement for each bank account. This statement shall be submitted to the FMS for review and approval by no later than the 10th working day of the month following the month being reconciled. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 31 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The reconciliation statement should explain the nature and substance of all the reconciling items. The approved reconciliation statements should be filed pending the annual financial audit. 4.2.3 Custody of accounting records By default accounting records contain sensitive and confidential information. Consequently, the records must be in the custody of only those persons who are directly involved in the finance and accounting responsibilities. Other persons may access the records only with the prior authorization of the FMS and/or the Directors of Finance. The accounting records must be properly and secured kept in order protecting them from accidental or malicious damage. The FMS has the responsibility to enforce this regulation. Records shall never be destroyed before being audited by GoR’s Auditor General and the independent external auditors, and a specific written authorization has been obtained from GoR and the donors to do so. 4.3 Accounting for transactions (goods, works and services procured -Contract Management) Prior to making any payments the Procurement Specialist must ensure that goods, works and/or services, have been appropriately procured and delivered by contractors/suppliers. To this effect, the Procurement Specialist must ensure that: • Quotations and contracts negotiated with contractors/services provider have been duly approved • Purchase Orders (POs) have been generated and issued to suppliers of goods • Details of quotations and contracts have been entered onto the project’s filling system • Amounts totaling the quotations and contracts have been committed. 4.3.1 Delivery of works Payments for works are normally made in stages, unless the work is very small such as minor repairs etc., the construction plan and the contract will have clearly stipulated various stages at which payments can be made. This could for instance be a certain percentage of the works item being complete. The contractor also issues a certificate of works at each interval. Projects implementers must carefully compare the certificate of works with the construction plan and the contract. Also physical inspection of the works item must be carried out in order to establish its genuine status. Project implementers must be satisfied with all of these condiFile: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 32 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV tions before they request the contractor to provide an invoice/certificate of payment relating to the completed stage of the construction activity. 4.3.2 Delivery of goods Payments for less expensive, goods are made only after all goods have been delivered according to specifications. On receiving goods and equipment from suppliers, they must immediately be verified by the Project Manager and/or assigned members of the PMPU. The Project Manager must immediately notify the supplier of any irregularities (e.g. defects). If there are no irregularities, the receiving officer must sign the Goods Received Note (GRN) or the Delivery Note (DN) and retain one copy. Also the supplier’s invoice must be carefully compared to the PO and the GRN/DN to verify that: the amount is correct; and goods received match with the description on the documents. Payments for expensive, technically demanding goods are normally made in stages. Such a supply contract typically indicates the stages at which payments can be effected. After a down payment (against performance guarantee) this is normally linked to the test at the factory, delivery of goods at final destination, installation of systems, after sales service, etc. 4.3.3 Delivery of services Payments for services are also phased. A services contract typically indicates the stages at which payments can be effected. This is normally linked to the delivery of specific outputs such as reports, training and installation of systems etc. 4.3.4 Actual payments All invoices for payments for all transactions are received at the reception/secretariat by the receptionist/secretary S(H)e will record them in a couriers register and hand them over the Director General WDA; The DG will orient the courier to the responsible departments for processing; Invoices for payments will be signed off from the register by the DAF and assigned to the various accountants for processing, The accountants will be responsible for ensuring that all relevant support documents or copies thereof for the payments have been obtained from the relevant department The DAF MUST ensure that the movement of invoices/payment documents are registered to maintain an audit trail and to track processing lead time The DAF of finance together with the accountant will ensure relevant approvals have been obtained from the responsible departments notably inspection for works and services; The DAF of will then undertake a review to ensure all the authorization and approval procedures have been obtained before the cheque process can proceed; File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 33 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The cheque will then be submitted together with the support document for signature; The DAF will organize to ensure that a cheque register is maintained to keep track of movement of all cheques The DAF will organize to ensure that an appropriate voucher numbering system exist and preferably if these are system generated (from IFMIS) to help in the filing process. 4.4 Petty Cash System i. Petty cash operations As WDA possesses the petty cash, the SDP will also possess a petty cash account in Rwandan Francs in order to facilitate payment of minor expenses. Like in any public institution, the ceiling of petty cash of SDP will be fixed at Frw 100,000. The petty cash will be used for payment below or equal to Frw 20,000. The Finance Officer of SDP will manage the petty cash. The petty cash is kept in small locked safe. The Finance Officer will be responsible for the money received. Any misuse of the petty cash constitutes a serious offence. The Finance Officer will keep a petty cash book in which all movements of the petty cash will be recorded. A pre-numbered cash release vouchers are used in order to justify the release of the funds. The cash ledger contains the following details: 1. Date 2. Number of the release voucher 3. Description of the transaction 4. Amount received /paid ii. Replenishment of the petty cash In order to replenish the petty cash, the finance officer establishes a requisition voucher which must be accompanied by supporting records on the utilization of the previous money supplied. The requisition is submitted to the Director of Finance who verifies and signs it as a proof of approval of the supply. Following the approval, the Finance officer establishes a cheque and forwards it to the Director of Finance and to the Project Manager for Signature. Following the receipt of the funds, the finance officer records the operation in his/her petty cash book The Senior Accountant carries out unexpected controls of the petty cash, at least once a month. These controls are recorded on the Petty Cash Certificate Form (see GoR financial Manual). File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 34 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV At the end of each month, the finance officer closes the operations of the petty cash book and forwards the statements to Senior Accountant for verification and imputation. iii. Payments Any requisition of funds is addressed to the Project Manager and Director of Finance by the means of a cash voucher which clearly specifies the reason and the cost of the expenditure. The cash voucher is approved and returned to the Finance Officer for payment. The beneficiary signs to acknowledge the reception of the money. The amount of money paid from petty cash in advance must be justified within a deadline of 48 hours from the date of payment. The amounts that are not justified must be reported to the Director of Finance who will take appropriated measures. Following the expenditure, the requisitioning officer submits the original documents justifying the expenditure as well as the remaining balance, to the Finance Officer. The finance officer fills the release voucher in duplicates by indicating the details of the amount. The balance must be indicated in the cash voucher. In case of any anomaly noted in the cash box, the Senior Accountant refers the matter, in writing, to the Director of Finance, with a copy to the SDP Manager and Director General of WDA. 5. DISBURSEMENT Users of this manual are required to review the World Bank Disbursement Guidelines for Projects (Loan Department May 1, 2006). http://siteresources.worldbank.org/PROJECTS/Resources/DisGuideEng.pdf 5.1 Purpose The purpose of the Disbursement Guidelines is to set out the Bank’s procedures for disbursement of loan proceeds for projects. Specifically, the Guidelines explain a) the different methods used by the Bank to disburse loan proceeds, b) the requirements for withdrawal from the Loan Account, c) the types of supporting documentation that the borrower may be required to provide to demonstrate the use of loan proceeds for eligible expenditures, d) the criteria for establishing designated accounts, e) the terms and conditions applicable to advances, f) the types of actions that the Bank may take if it determines that loan proceeds are not needed or have been used for ineligible purposes, and g) the consequence of refunds. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 35 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 5.2 Disbursement Procedures and guidelines WDA, the implementing institution, will receive disbursements from IDA Funds on the basis of incurred eligible expenditures (transaction-based disbursements). The Director of Finance will liaise with WB country office to have a client connection account opened for he credit Upon effectiveness of Credit agreement, The Director of Finance will prepare a withdrawal application for an initial advance as outlined in the disbursement letter; IDA will be disbursed from the proceeds of the Credit and will be deposited into Designated Account (DA) operated by WDA to expedite project implementation. The Director of Finance will prepare withdrawal application to replenish the designated account on the basis of actual at least monthly) supported by Statements of Expenditures (SOE). The Director of Finance will ensure that for each replenishment a Designated account reconciliation is prepared; The Director of Finance will ensure no ineligible expenditures are made from the designated and/or operating bank accounts; The Director of Finance will ensure that the designated account replenishment is done at least on monthly for amounts prescribed in the disbursement letter or for any amount within a three month period. The project may be requested to refund to IDA amounts advanced to the designated account Director of Finance remains inactive for more than three months,. The Director of Finance will also prepare withdrawal application for Direct payments in the same way as those of replenishment but marking such a WA as for direct payments; (S)He will ensure the relevant contracts for where to Direct payments are to be used have been communicated to the IDA team leader for entering in the clinet connection system. 5.3 Supporting Documentation Disbursements will be supported with: (i) Statement of Expenditures (SOE) summarizing eligible expenditures paid during a stated period for amounts below the SOE documentation threshold specified in the Disbursement Letter; and (ii) records evidencing eligible expenditures (e.g., copies of receipts, supplier invoices) for all other amounts. In all cases, the WDA will be responsible for retaining the original documents evidencing eligible expenditures and making them available for audit or inspection. The project’s credit will be disbursed following the categories outlined in the table below. IDA will reserve the right to suspend disbursement of the Funds if reporting requirements are not complied with. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 36 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Expenditure Categories and IDA allocation by expenditure category (in US$ million) Total expected Amount Representing Project expendiof Credit % of Category tures incl. Allocated total ExpendGoR contribution itures 1. Goods, works, consulting services, nonconsulting services, training and operating costs for Part A of the project (component 1) 2. Goods, consulting-services, non-consulting services, training and operating costs for part B of the project (component 2) 3. Goods, works, consulting services, non-consulting services, training and operating costs for subproject grants for Part C of the project (component 3) 4. Goods, consulting-services, non-consulting services, training and operating costs for Part C of the project (component 3) Sum Component 1 Sum Component 2 Sum Component 3 5. Unallocated Total 21.5 17.0 79% 3.0 3.0 100% 5.6 5.6 100% 1.4 1.4 100% 21.5 3.0 7.0 3.0 34.5 3.0 30.0 The following table illustrates the estimated disbursement schedule by year and expenditure category: Disbursement Schedule by Fiscal Year and Expenditure Category (US$ million)* Expenditure Category 1. Delivery of quality and relvant VT (Component 1) 2. TVET Systems Development (Component 2) File: om-volume 4 - 128 2011 2012 2013 2014 2015 2016 Total 0.5 11.0 4.8 1.2 1.0 0.7 19.1 0.1 1.2 0.4 0.5 0.4 0.8 3.3 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 37 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 3. Rapid skills development (component 3) – sub-grants 3. Rapid skills development (component 3) – operation of SDF Total Operations Manual Volume IV 0.0 0.4 1.1 1.4 1.4 1.8 6.1 0.0 0.4 0.3 0.3 0.3 0.3 1.5 0.6 13.0 6.5 3.3 3.0 3.6 30.0 *Total disbursements per category differ from those in the previous table, since in this present table the amount reserved for contingencies has been proportionally distributed over the four expenditure categories. In the previous table, this amount is reflected as expenditure category 5. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 38 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV PART II: ROCUREMENT MANAGEMENT 1. GENERAL 1.1 DEFINITION/GLOSSARY See Public procurement user guide by the Rwanda Public Procurement Authority (RPPA). 1.2 PROCUREMENT LAWS THAT WILL GUIDE THE PROJECT Skills Development Project (SDP) will be implemented based on existing laws and guidelines of World Bank and those of Rwanda. In order to ensure that funds under the project are efficiently and transparently managed, it has been deemed necessary to develop procurement procedures that will facilitate implementation of activities under the Skills Development Project. The Skills Development Project shall be governed by: National Public Procurement Law N° 12/2007 of 27/03/2007 on public procurement; Ministerial Order N°001/08/10/Min Of 15/01/2008 Establishing Regulations on public Procurement and Standard Bidding Documents; Law N° 63/2007 of 30/12/2007 establishing, determining the Organisations, Functioning and Responsibilities of the Rwanda Public Procurement Authority; Code of Conduct for all staff handling procurement was recently approved - Ministerial instruction Number 001/11/10/TC OF 24/1/2011 - establishing the professional code of ethics governing public agents involved in public procurement, dated January 24, 2011 and can be downloaded from RPPA website; www.rppa.gov.rw Public Procurement User Guide Manual, dated November 2010 World Bank Procurement Rules and Guidelines under IBRD and IDA Credits related to Selection and Employment of Consultants as well as procurement of Goods, Services and Non-Consulting Services, dated January 2011. Project Appraisal Document for Skills Development Project, dated March 3, 2011. Financing Agreement signed between the Government of Rwanda and the World Bank. The SDP Procurement Plan However, whenever a conflict arises between National Procurement Procedures and World Bank procedures, the donor procedures shall take precedence over national procedures. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 39 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Details of the above mentioned Laws/procedures www.worldbank.org and www.rppa.gov.rw 1.3 2. Operations Manual Volume IV are available at: PROCUREMENT GUIDING PRINCIPLES Economy-giving WDA through Skills Development Project the best value for money, with value being defined as more than just price, but quality assessment as well; Efficiency-being simple and timely, practical and meeting the available budget and professional capacity to achieve positive results devoid of any unnecessary delays in project implementation; Fairness- being impartial, consistent and reliable. Potential bidders should have a level playing field; Transparency-the application of procedures in a manner which is clear, easily accessible and predictable; Accountability- bestowing a sense of responsibility to its users, making them accountable for their actions and/or inactions by enforcing established rules and procedures. It is a process that supports the credibility of the procuring entity by serving as a deterrent to collusion and corrupt practices while serving as an inducement for institutional probity. SCOPE OF PROCUREMENT The implementation of the Project entails procurement of various types, but it mostly comprises: a) Works construction & rehabilitation of old buildings in seven technical schools b) Purchase of equipment for seven technical schools, installation and commissioning of purchased equipment, maintenance and training c) tender for printing d) Goods (furniture, computer software, etc.) e) Consulting services (i.e. technical assistance (TA), research studies, M&E, etc.) f) training and workshops 3. PROCUREMENT PLANNING Project’s procurement planning is set out in an overall procurement plan, indicating the different procurement activities that need to be carried out and when they should take place. This plan should cover the following: File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 40 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Defining the requirements and ascertaining the context of the tasks to be performed; Selecting the most appropriate procurement method to use to ensure competition, economy, and efficiency; Determining whether Pre-qualification will be relevant so as to decide on the preparation and issuance of pre-qualification documents and its timing; Determining whether and when pre-bid conference and site visits will be held; Determining when public bid opening and evaluation will take place, etc; Identifying the Projects team to use in managing the process from start to finish; Estimate costs for the procurement activities; Indicate reviews that will be required by the Procuring entity from the Bank. When establishing time-lines it is important to allow adequate time to undertake the various tasks necessary to perform the procurement. Suppliers may also require minimum delivery lead times. Dependencies with other project tasks have to be considered (e.g. procurement of any equipment for schools necessitates that existing equipment has to be evaluated and that a standard training equipment list (STEL) is available which has to be produced by the Curriculum developers. The Procurement Plan will be updated at least annually, or as required to reflect the actual project implementation needs and improvements in institutional capacity. The Recipient as well as contractors, suppliers, and consultants will observe the highest standards of ethics during procurement and execution of contracts financed under this project. The project will carry out implementation in accordance with the “Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA and Grants” dated October 15, 2006 (the Anti-Corruption Guidelines).” 4. PROCUREMENT UNIT ROLES AND RESPONSIBILITIES 4.1 Rwanda Public Procurement Authority (RPPA) The Rwanda Public Procurement Authority (RPPA) shall be charged with overseeing the implementation of the existing public procurement legislation and policy, training and monitoring. Therefore, no approvals shall be required from the RPPA. 4.2 WDA and Skills Development Project WDA will be the main coordinating agency overseeing the implementation of the Project. The project roles of WDA’s procurement unit will include: File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 41 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) i. ii. iii. iv. v. vi. vii. 4.3 Operations Manual Volume IV To ensure that procurement procedures, procurement Law, Ministerial Orders, World Bank Guidelines and other implementation guidelines are known by all Beneficiaries that will benefit from the project funds; Prepare procurement plans of approved programmes/activities and forward them to the World Bank for final approval; Prepare General Procurement Notice and its updates whenever it is required; Prepare excellent procurement documents; In collaboration technical experts, prepare and update annual project’s procurement plan, prepare bidding documents, advertise in relevant media, participate in bid evaluations, award contracts and monitor the execution of contracts. Prepare Terms of References (ToRs), Technical specifications and Bills of Quantities with the assistance from technical staff; Provide information on awarded contracts to the World Bank. Internal Tender Committee In addition to the procurement unit, there is a “Tender Committee" established by the Director General to assist the Procurement Unit, in the bid opening, evaluation and recommendation for award of procurement contracts. The tender committee may seek the assistance from consultants. However, the consultant shall not have any interest directly or indirectly in the tender concerned or have any relationship with Bidders if his/her services were sought after the bids had been opened. The Skills Development Project shall benefit from the same Internal Tender Committee of WDA. However, Procurement Specialist SDP shall be a permanent member of WDA’s Tender committee. The structure and organisation of the Internal Tender Committee is determined based on Ministerial order No 001/08/10/MIN of 16/01/2008 establishing regulations on standards bidding documents (www.rppa.gov.rw). 4.4 SUPPORTING UNITS Included here below are briefs of the roles for each of these units. Detailed descriptions of these roles can be referenced in the Human resource section of this manual. 4.4.1 Technical Departments The main role in procurement cycle of technical departments will be that of availing on time the necessary input to adequately carry out the procurement of goods and services, including consultants. As such, the key responsibility of the technical departments concerns providing to the procurement unit the description of key activities to be included in the action plan, technical specifications, and terms of reference, as well as contributing to evaluation processes, contract management, and the certification of contract accomplishment. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 42 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 4.4.2. Legal Advisor Ensure that used contracts are in compliance with template contracts provided by WB procedures (for ICB), and nationals documents of NCB and other simplified methods. Review all the drafted contracts to ensure that WDA’s interests related to SDP are protected to avoid any kind of loss or fraud 4.4.3. Chief Budget Manager He will be the overall manager for SDP Manager and SDF Manager He will be responsible for signing all project related documents tender notices, contracts etc But he can delegate where and when necessary. 4.4.4. Internal Auditor Appraise progressively the soundness, adequacy and application of the internal control systems; Ascertain the extent to which the system of internal control ensures compliance with the World Bank´s policies and procedures and Rwandan laws and regulations; Ascertain that the system of internal control promotes the efficient and effective use of resources; Ascertain that the system of internal control operates to ensure that the assets of the project are properly controlled and safeguarded from losses arising from fraud, irregularity or corruption; Ascertain that there is an adequate internal control system to ensure the integrity and reliability of financial and other information provided to the Workforce Development Authority; and Make follow-up on the implementation of the Auditor General’s Recommendations assist external auditors during the project’s audit. 4.4.5 Internal Reviews To strengthen internal controls, matters concerning SDP like contract signatures shall first be verified/ reviewed by the SDP project manager in consultation with the Director of PMPU before they are transmitted to the Director General’s Office for signature. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 43 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Matters related to SDF shall be verified by the SDF manager in consultation with the SDP manager before they are transmitted to the Director General’s Office for signature. In this mandate the SDP Manager will procedurally consult with the Director PMPU in the decisions he arrives at and transmits to the Director General. 5. APPLICABLE PROCUREMENT GUIDELINES AND STANDARD DOCUMENTS In line with the approved procurement methods the following guidelines and standard documents have to be used: World Bank Procurement Rules and Guidelines under IBRD and IDA Credits related to Selection and Employment of Consultants, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers. January 2011. Procurement of Goods, works and Non-Consultants Services, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers, January 2011 WB Procurement Guidelines; Standard Bidding and Evaluation Templates can be accessed from: www.worldbank.org/procurewebsite. National procurement regulations; SBDs, Procurement Laws and Evaluation Report Templates are accessible at www.rppa.gov.rw website. 5.1 APPROVED PROCUREMENT METHODS FOR GOODS, WORKS AND NON-CONSULTING SERVICES / PRIOR REVIEW THRESHOLDS Overview on Thresholds for GOODS, WORKS AND NON-CONSULTING SERVICES Bidding Documents: The Bank’s Standard Bidding Documents, including Standard Bid Evaluation Form will be used for procurement of works and goods under International Competitive Bidding (ICB). National Bidding Documents acceptable to the Bank may be used for procurement of works and goods under National Competitive Bidding (NCB) procedures. PROCUREMENT METHOD Open Competitive Bidding: File: om-volume 4 - 128 WHEN TO BE USED National Tendering when adequate na- CONDITIONS TO BE FULFILLED THRESHOLD Minimum publication 30 days. NCB Goods: ≥25,000 < 500,000 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 44 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) tional suppliers or conNCB: National tractors are available Competitive Bidding; within threshold using national Standard Bidding Documents International Tendering when above naICB: International tional tendering threCompetitive Bidding; shold using World Bank’s Standard Bidding Documents File: om-volume 4 - 128 Volume IV Advertise in at least one newspaper of wide circulation & on internet website, where it is available Advertise in media that has sufficient circulation outside Rwanda Bidding documents should be in English or French - Minimum Publication 45 days NCB Works: < 5, 000,000 per contract Contract value is low, off the shelf goods and standard specification works Compare at least three offers, technical specifications and drawings for works. not to be used more than once in 3 months for the same item minimum 3 working days in which to respond < 25,000 per contract An extension of the contract for additional works/goods to an existing contract awarded in accordance with procedures acceptable to the Bank. For compatibility purposes with existing equipment. The required equipment is proprietary and obtain- Negotiations may be carried out resulting contract must be in writing There is no ceiling for single source. Shopping Direct Contracting 3.7 Operations Manual ICB Goods: ≥500,000 per contract ICB Works: ≥5, 000,000 per contract 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 45 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV able only from one source. The contractor responsible for a process design requires the purchase of critical items from a particular supplier as a condition of a performance guarantee. In exceptional cases, such as in response to natural disasters. Force Account Community Participation Works difficult to quantify Use civil servant labour& public equipment No threshold To be used for community based project. Community projects for making terraces, anti erosion trenches or planting trees. Communities to provide in kind services e.g. labour, local materials etc. No ceiling. In the following methods and thresholds for various methods are explained in detail. For further and complete clarifications refer to applicable procurement guidelines and standard documents. 5.1.1 Detailed Explanations International Competitive Bidding The following shall apply: (a) The invitation to tender and the tender document shall be in English. (b) The procuring entity shall advertise the invitation to tender in one or more national and international newspapers of highest circulation or other publications such as UN Development Business online and Client Connection website. Invitations to tenders File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 46 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) (c) (d) (e) (f) (g) Operations Manual Volume IV shall be run in papers that have sufficient circulation outside Rwanda to allow effective competition; The period of time between advertisement and the deadline for submission of bids shall not be less than forty five calendar days (45 days). The technical requirements shall be compatible with requirements under Rwandan Law and be based on international standards or standards widely used in international trade; A person submitting a tender may, in quoting prices or providing security, use a freely convertible currency that is widely used in international trade and that the tender documents specifically allow to be used; and any general and specific conditions to which the contract will be subject must be of a kind generally used in international trade. Thresholds for International Competitive Bidding (goods) shall be US$500,000 and above as specified in the approved project procurement plan. Prior review by the Bank on goods tenders shall be required on the tender document, evaluation report and on draft contract. (h) Prior review by the Bank on works tenders shall only be required if the contract value is ≥ US$5, 000,000 (per contract), on the tender document, evaluation report and on the draft contract. National Competitive Bidding National competitive bidding may be used for procurement of goods or works which by their nature or scope, are unlikely to attract foreign competition due to: (a) (b) (c) (d) (e) contract values being small; works are scattered geographically or spread over time; works are labour intensive, or the goods or works are available locally at prices below the international market Thresholds for National Competitive Bidding (goods) shall be used for contracts that are below US$500,000 as specified in the approved project procurement plan, except for small contracts as determined under National Procedures that may be procured through “Shopping” procedures. (f) Prior review by the Bank on works tenders shall be identified by the World Bank on a case by case basis. (g) If foreign bidders wish to participate under these circumstances, they shall be allowed to do so. (h) Advertising is carried out in local papers and/or through electronic media. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 47 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Shopping (a) This is a procurement method based on comparing price quotations obtained from several contractors. (b) The procuring entity shall request quotations from as many suppliers or contractors as practicable, but from at least three. Each supplier or contractor from whom a quotation is requested for shall be informed whether any elements other than the charges for the goods or services themselves, such as any applicable transportation and insurance charges, customs duties and taxes, as specified in the Incoterms 2010 are to be included in the price. (c) Request for quotations shall indicate the description and quantity of goods as well as the desired delivery time and place. (d) As a general rule, a qualified supplier who offers goods or materials that meet the specifications at the lowest price shall be recommended for award of the contract. Conditions for use of request for quotations (1) The procuring entity may engage in procurement by means of a request for quotations for the procurement of goods or works estimated to cost less than or equivalent of US$25,000. (2) The procuring entity shall not divide its procurement into separate contracts for the purpose of invoking paragraph (1) of this article. (3) This method may not be used more than once in three months for the same item. Direct Contracting (please refer to paragraph 3.7 of the Guidelines for Procurement of Goods, works and Non-Consultants Services, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers, January 2011) The procuring entity may procure goods or works and services by soliciting price quotation from a single qualified bidder. The procuring entity may engage in direct contracting for procurement of goods or works estimated to cost less than 100,000Rwf or equivalent of around US$166. Single-source procurement: please refer to paragraph 3.8 Selection and Employment of consultants, under IBRD Loans and IDA Credits & Grants by World Bank Borrowers, January 2011 Procurement from UN Agencies There may be situations in which procurement from specialized agencies of the United National (UN), acting as suppliers, following their own procurement procedures, may be the File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 48 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV most economical and efficient way of procuring small quantities of off-the shelf goods, primarily in the fields of education, health, and rural water supply and sanitation. Force Account: please refer to paragraph 3.9 Procurement of Goods, Works, and Non consulting services, under IBRD Loans and IDA Credits & Grants by World Bank Borrowers. APPROVED PROCUREMENT METHODS FOR CONSULTING SERVICES: Overview on Thresholds for SELECTION OF CONSULTANTS Bidding Documents: World Bank’s Standard Request for Proposals (SRFP) and Sample Form of Evaluation Report will be used for consultants’ contracts estimated to cost US$200,000 and above. National Bidding Documents acceptable to the Bank may be used for consultants contracts estimated to cost less than US$200,000 equivalent per contract. SELECTION METHOD WHEN TO BE USED When competitive process among shortlisted firms is used. CONDITIONS TO BE FULFILLED THRESHOLD Takes into account the Each contract equal quality of the proposal to US$200,000 and and the cost of servic- above es in the selection of the successful firm. Assignments expected to cost more than US$300,000 shall be advertised in UNDB online and Client Connection website. Quality-and CostBased Selection (QCBS) World Bank: Prior review on the Terms of Reference, shortlist report, RFP and technical evaluation report Quality Based Selection Method (QBS) File: om-volume 4 - 128 Appropriate for complex and highly specialized assignments for which it is difficult to define precise terms of reference that consid- Each contract equal to US$200,000 and above 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 49 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV ers only the quality of the proposal World Bank: Prior review on the Terms of Reference, shortlist report, RFP and technical evaluation report. Least Cost Selection (LCS) Consultants’ Qualifications Selection (CQS) Appropriate for assignments of standard or routine nature (audits, engineering designs of non-complex works) World Bank: Prior review on the Terms of Reference, shortlist report, RFP and technical evaluation report. Each contract equal to US$200,000 and above shall be used for small Assignments for which the need for preparing and evaluating competitive proposals is not justified. Each contract whose value is ≤ USD 200,000 World Bank: prior review on the Terms of Reference. Selection of Individual Consultants File: om-volume 4 - 128 These are employed on assignments for which (a) teams of personnel are not required and (b) no additional outside professional support is required and (c) the experience and qualifications of the individual Individual Consultants equal and above (IC) will be selected on 100 000 US$ each the basis of their qua- contract lifications by comparison of CVs of at least three candidates from those expressing interest in the assignment or those approached directly by 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 50 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) are the paramount requirement. Operations Manual Volume IV the Implementing Agency World Bank: There is no ceiling but prior review will be required for ≥USD100, 000 value contracts on the Terms of Reference, CVs and evaluation report. Single –Source Selection (SSS) 3.8 Appropriate if it presents a clear advantage over competition and it is to be used in exceptional circumstances (a) for tasks that represent a natural continuation of previous work carried out by the firm; (b) in exceptional cases, such as, in response to natural disasters and for emergency situations both declared by the Procuring entity and recognized by the Bank; (c) for very small assignments; or (d) when only one firm is qualified or has experience of exceptional worth for the assignment World Bank: In all such cases, the Procuring entity shall seek for No File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 51 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Objection from the Bank on the TOR of the assignment, a sufficiently detailed justification including the rationale for singlesource selection instead of a competitive selection process, and the basis for recommending a particular firm/individual consultant. Note: Assignments whose contract value is estimated to be less than US$100 000 per contract, the shortlist of consultants may comprise entirely national consultants in accordance with the provisions of paragraph 2.7 of the Guidelines. Detailed Explanation: In the following methods and thresholds for various methods are explained in detail. For further and complete clarifications refer to applicable procurement guidelines and standard documents: Quality and Cost-Based Selection (QCBS), takes into account the quality of the proposal and the cost of services in the selection of the successful firm. Assignments expected to cost more than US$300,000 shall be advertised in UNDB online and WDA’s website. Prior review shall be sought from the Bank on the Terms of Reference, shortlist report and RFP. Quality Based Selection Method (QBS) is appropriate for complex and highly specialized assignments for which it is difficult to define precise terms of reference that considers only the quality of the proposal. Prior review shall be sought from the Bank on the Terms of Reference, shortlist report and RFP. Least Cost Selection (LCS) is appropriate for assignments of standard or routine nature (audits, engineering designs of non-complex works. Prior review shall be sought from the Bank on the Terms of Reference, shortlist report and RFP. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 52 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Consultants’ Qualifications Selection (CQS) shall be used for small assignments for which the need for preparing and evaluating competitive proposals is not justified. For contracts whose value is ≤ USD 200,000, this method may be more appropriate and prior review will be required on the Terms of Reference, The rest are subject to post review. Refer to the approved procurement plan. Selection of Individual Consultants: These are employed on assignments for which (a) teams of personnel are not required and (b) no additional outside professional support is required and (c) the experience and qualifications of the individual are the paramount requirement. There is no ceiling but prior review will be required for ≥USD100, 000 value contracts on the Terms of Reference, CVs and evaluation report. Single –Source Selection (SSS):Please refer to paragraph 3.8 This may be appropriate if it presents a clear advantage over competition and it is to be used in exceptional circumstances(a) for tasks that represent a natural continuation of previous work carried out by the firm; (b) in exceptional cases, such as, in response to natural disasters and for emergency situations both declared by the Procuring entity and recognized by the Bank; (c) for very small assignments; or (d) when only one firm is qualified or has experience of exceptional worth for the assignment. In all such cases, the Procuring entity shall seek for No Objection from the Bank on the TOR of the assignment, a sufficiently detailed justification including the rationale for single-source selection instead of a competitive selection process, and the basis for recommending a particular firm/individual consultant. The above mentioned prior review thresholds may be re-visited annually and any revisions based on the assessment of the implementing agencies capacity will be agreed upon with the Borrower and included in an updated Procurement Plan. 5.2 Specific Procurement subjects Training and Workshops: Detailed training plans and workshop activities will be developed during project implementation and included in the project annual work plan and budget for World Bank’s review and approval. All repetitive procurement transactions are time consuming namely hiring workshop facilities, accommodation for consultants, purchasing of office supplies, hiring transport facilities, food for VTCs and therefore the use of framework agreements shall be appropriate in such circumstances. Operating Costs: Incremental operating costs include expenditures for maintaining equipment and vehicles; fuel; office supplies; utilities; consumables; workshop venues and materials; and per diems, travel costs, and accommodation for staff when travelling on duty during File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 53 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV implementation of this project, but excluding salaries of civil/public servants. Maintenance of equipment, workshops and other materials like stationery shall go through procurement process. However, travel per diem and accommodation related expenses are actually expenses and so shall not go through procurement process. Government regulation on upcountry allowances that caters for different categories of staff will be applied accordingly. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 54 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Procurement by sub-grant beneficiaries of the Skills Development Facility Sub-grant beneficiaries of the Skills Development Facility (SDF, Component 3) will use the allocated sub-grant to procure goods and services (including consultancy services). As sub-grant amounts will not exceed US$ 100,000 per sub-grant beneficiary, simplified national procurement procedures will be entirely applicable. The Secretariat of the SDF, with the support of the SDP Procurement Specialist, will be responsible for ensuring adequate procurement capacity of the sub-grant beneficiaries, and for monitoring procurement activities that are carried out by the beneficiaries. Sub Grants will follow similar procurement principles as in Community driven development (CDD). Refer to Bank Selection and Employment of Consultants Guidelines, January 2011 paragraph 3.19 and these in national procedures. Here below are the pertinent procurement principles that will apply for the SDF: Bank policies and Guidelines apply to SDF sub-grants beneficiaries in the same way that they do for any other project; however, their application has to be scaled to the project and the capacity of the sub- grantees beneficiaries. The procurement objectives of the Bank Guidelines are efficiency and cost effectiveness, quality of goods and services, transparency, and competition among qualified suppliers. Procurement procedures developed for larger institutions do not always mesh well with the SDF Sub-grants beneficiaries environment, where the transactions may be too frequent and small to warrant the methods (and attendant costs) usually considered to be good practice for larger, less frequent transactions. SDP sub-grants beneficiaries should take local culture, norms, and capacity into account. Procedures should be kept simple, with a high degree of transparency and accountability. Bank policies and Guidelines apply to SDF sub-grants beneficiaries in the same way that they do for any other project; however, their application has to be scaled to the project and the capacity of the sub- grantees beneficiaries. The SDF Secretariat will be responsible for ensuring that procurement at sub-grants level is carried out in accordance with the credit agreement and the procurement schedule. The schedule will include sub-grant procurement arrangements, including organisation, procedures, and review thresholds. Procurement procedures for the SDF are further elaborated in Volume III of the Operations Manual. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 55 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) File: om-volume 4 - 128 Operations Manual Volume IV 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 56 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 6. Volume IV OTHER RULES AND REGULATIONS GOVERNING PROCUREMENT PROCESSES No artificial splitting to avoid procedures The SDP Project shall not structure procurement as two or more procurements for the purpose of avoiding the use of a procurement procedure. Inappropriate influence on evaluations No person who submitted a tender, proposal or quotation shall make any unsolicited communications to the project staff or any person involved in the procurement proceedings that might reasonably be construed as an attempt to influence the evaluation and comparison of tenders, proposals or quotations; and No person who is not officially involved in the evaluation and comparison of tenders, proposals or quotations shall attempt, in any way, to influence the evaluation recommendations. If the contractor’s agent contravenes with the above: His company shall be disqualified from entering into a contract for the procurement; or If a contract has already been entered into with the company, the contract shall be voidable at the option of the procuring entity. The voiding of a contract by the procuring entity however does not limit any other legal remedy the procuring entity may have. 6.1 CORRUPTION It is strictly forbidden to solicit from the procuring entity, to directly or indirectly offer to any current or former officer or employee of the procuring entity a gratuity in any form, an offer of employment or any other service or anything of value, such as an inducement with respect to any act or decision in connection with procurement proceedings. The procuring entity may reject any bidder's offer where it discovers that the latter has engaged in any corrupt or fraudulent practices while competing for a public procurement contract. It shall promptly notify this rejection to the concerned bidder. Procurement officials in charge of requisitioning, planning, preparing and implementing procurement proceedings, and administering the execution of procurement contracts shall incur, in case of corruption or fraud or even complicity in such practices, the highest disciplinary sanction as provided for under Rwandan law. File: om-volume 4 - 128 Operations Manual 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 57 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 6.2 Operations Manual Volume IV COLLUSION No person seeking a contract for procurement shall collude or attempt to collude with any other person: To make any proposed price higher than would otherwise have been the case; To have that other person refrain from submitting a tender, proposal or withdraw or change a tender, proposal or quotation; or To submit a tender, proposal or quotation with a specified price or with any specified inclusions or exclusions. If a person contravenes with above, the following shall apply: Both shall be disqualified from entering into a contract for the procurement; or If a contract has already been entered into with either person referred to above, the contract shall be avoidable at the option of the procuring entity. The voiding of a contract by the procuring entity however, does not limit any other legal remedy the procuring entity may have. 6.3 CONFLICT OF INTEREST It is prohibited for members of the tender committee or any other person involved in the procurement process to participate in the award of a tender in which the following persons are involved: His or her relative up to the second degree; His or her former employer; A person with whom they have a financial interest; The bidder has an agreement with them or s/he is expecting employment or any other benefit from the bidder. A consultant who has been hired by a procuring entity to provide consulting services for the implementation of a tender or a company affiliated to the consultant shall be disqualified from subsequently providing goods, works or services or consultant services directly resulting from or related to that tender. An employee or agent of the procuring entity or a member of the Board of Directors or a member of the tender committee of the procuring entity who has interest with respect to a procurement: Shall not take part in the procurement proceedings and shall disclose interest to the procuring entity; and File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 58 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Shall not, after a procurement contract has been entered into, take part in any decision relating to the contract execution. Any person contravening the provisions relating to the conflict of interests described in the above to the extent that a contract is awarded to the their relative or to another person in whom they had a direct or direct pecuniary interest, shall have their contract be declared null and void by the procuring entity. The annulment of the contract does not exclude other sanctions which may be imposed by the procuring entity. 6.4 CONFIDENTIALITY (1) During or after procurement proceedings, no employee of the procuring entity shall disclose the following: Information relating to a procurement whose disclosure would impede law enforcement or whose disclosure would not be in the public interest; Information relating to a procurement whose disclosure would prejudice legitimate commercial interest or inhibit fair competition; Information relating to the evaluation, comparison or clarification of tenders, proposals or quotations; or The content of someone’s bid. (2) This section does not prevent the disclosure of information if any of the following apply: 6.5 The disclosure is for the purpose of law enforcement; The disclosure is for the purpose of a review The disclosure is pursuant to a court order. AMENDMENT AND MODIFICATIONS TO CONTRACTS Any amendment to a contract shall be effective only if: The amendment has been approved in writing by the Internal Tender Committee of the procuring entity/WDA management; The total price of the amendment without prior review shall not be more than 20% of the total price of the original contract. Above 20% shall require approval from the World Bank. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 59 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 6.6 Operations Manual Volume IV CLARIFICATIONS AND CORRECTION OF ARITHMETIC ERRORS The procuring entity may request a clarification of a tender to assist in the evaluation and comparison of tenders. A clarification shall not change the substance of the tender. The procuring entity may correct an arithmetic error in a tender. The procuring entity shall give prompt notice of the correction of an error to the person who submitted the tender. If the person who submitted the tender rejects the correction, the tender shall be rejected and his bid security shall be forfeited. 6.7 TERMINATION OF PROCUREMENT PROCEEDINGS (1) A procuring entity may, at any time, terminate procurement proceedings without entering into a contract. (2) A procuring entity shall give prompt notice of termination to each person who submitted a tender, proposal or a quotation. (3) A procuring entity shall give its reasons for terminating the procurement proceedings. (4) If termination is done before bids are opened, a procuring entity shall return them unopened. (5) A procuring entity shall not compensate firms for the costs incurred. 6.8 FORMS OF COMMUNICATION (1) Communication between the procuring entity and bidders shall be in writing. (2) Electronic communications (emails) shall be used as a form of written communication. 6.8.1 Debriefing In the publication of contract award, the borrower shall specify that any Consultant/bidder who wishes to ascertain the grounds on which its’ proposal was not selected should request an explanation from the borrower. The borrower shall promptly provide the explanation as to why such proposal was not selected either in writing and/or in debriefing meeting at the option of the consultant. The requesting Consultant shall bear all the costs of attending such a debriefing. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 60 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 6.8.2 Dispute Resolution (1) A person may apply for a review of any conduct in the procurement proceedings with respect to an alleged breach. A request for review may not be made later than seven days after the procuring entity was notified of the tender results. A request for a review may not be made if a contract has already been entered into. The request for review shall describe the alleged breach, citing specific provision which is alleged to have been breached. 6.8.3 Suspension of proceedings, et.alia (1) Upon receiving a request for a review, the procuring entity shall suspend the procurement proceedings. (2) A suspension of procurement proceedings shall cease where: The National Independent Review or the donor gives a written permission for the procurement proceedings to proceed on the basis that it is in the public interest that they proceed without delay; or The matter is resolved to the satisfaction of the person who requested for review. A suspension of procurement proceedings shall continue until the procuring entity makes its decision. Bid validity period shall be extended to cater for the duration of the suspension. The procuring entity shall give notice of the suspension of procurement proceedings or the cessation of such a suspension to the Bank. 6.8.4 Decision by procuring entity The decision given by the head of the procuring entity shall be in writing and shall set out reasons for the decision and the procuring entity shall ensure that a copy of the decision is given to the person who requested for review. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 61 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 6.9 APPEAL OF PROCURING ENTITY DECISIONS (1) Decisions of procuring entities may be appealed to the National Independent Review Panel. (2) The right to request for a review under this section is in addition to any other legal remedy a person may have. 6.10 OTHER SPECIFIC CONSIDERATIONS 6.10.1 Record Keeping: The implementing agency will be responsible for record keeping and filing of procurement records for ease of retrieval of procurement information. In this respect, each contract shall have its own file and should contain all documents on the procurement process in accordance with the requirements and as described in the national procurement Law. Procuring entity shall keep record of the procurement proceedings containing the following information for a minimum period of five (5) years from the period of the award of tender relating to works, goods or services: Bidding documents Bids Bid opening and evaluation reports Tender award notifications Copies of contracts concluded between the procuring entity and the successful bidder Certificate of completion All correspondences between the procuring entity and the bidder; Any other useful information like reports that are related to the tender Filing Space and safety of procurement documentation has to be ensured through an assigned office, not accessible for any unauthorized person and by properly locked cupboards. Only one person preferably a senior person in the agency should keep that key. 6.10.2 Preparation of Technical Specifications The Procuring entity shall prepare specific requirements relating to the goods, works or services being procured that are clear, that give a correct and complete description of what is to File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 62 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV be procured and that allow for fair and open competition among those who may wish to participate in the procurement proceedings. The technical requirements shall, where appropriate: Relate to performance rather than to design or descriptive characteristics; Be based on national, regional or international standards; The technical requirements shall not refer to a particular trademark, name, patent, design, type, producer or service provider or to a specific origin; And the requirements allow equivalents to what is referred to. 6.10.3 Evaluation Criteria specified in the SBD/RFP The tender document/RFP shall indicate the minimum requirements for an offer to be responsive and the following requirements shall apply: The criteria must, to the extent possible, be objective and quantifiable; and Other criteria other than price must be expressed clearly and applied, for purposes of determining the lowest evaluated bid. The procuring entity shall prepare an evaluation report containing a summary of the evaluation and comparison of tenders. Decisions of the evaluation commission shall be taken unanimously. 6.10.4 Post Qualification Within the period of bid validity, the contract will be awarded to the successful bidder whose bid has been determined to be substantially responsive to the bidding document, and is also the lowest evaluated bidder, successfully post-qualified. In the absence of prequalification, a post-qualification needs to be undertaken. Post qualification involves determination by the procuring entity that the bidder, supplier or contractor submitting the lowest responsive evaluated bid, has the capability and the capacity to perform the contract. If this bidder fails to demonstrate the necessary experience and capability to carry out the contract, the bid is rejected and the next lowest evaluated bidder is subject to post qualification. 6.10.5 No-Objections/Prior Review stages The following steps have to be reviewed and approved by the World Bank before contract award and in accordance with prevailing thresholds. Before bids are invited, draft bidding documents must be approved by the Bank. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 63 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV After reception of bids and evaluation and before award decision is made, the following shall be forwarded to the Bank for approval: Bids opening report, Bids evaluation report, Copies of received bids where possible, Complete bidding documents And such information as the Bank may request. Who Requests for No Objection from the Bank Since World Bank requires the use of PROCSY system, the Procurement Specialist of SDP shall be the one who will be sending out requests for No Objections to the World Bank on behalf of the Project/WDA. However, he/she will be required to first agree with management on the contents of the letter/email. Communication with the Bank All communications with the Bank shall be in writing and more specifically by emails. Signing of Project related correspondences The Director General of WDA shall retain full signatory powers of procurement related contracts and may delegate as he finds necessary to the SDP Manager. In his absence, he can delegate signatory powers. However, Documents related to advertisements, notification letters and other kinds of letters shall be signed by respective Managers i.e., SDP matters by SDP Manager and SDF matters by SDF Manager, with a copy to the Director General and Director of PMPU. 6.10.6 Post Review It will be carried out in the course of supervision mission visits. During such missions, a selective post review of contracts awarded below the prevailing thresholds will be reviewed. Reviews and audits related to contracts The following shall apply in relation to procurement contracts: RPPA may inspect, at any reasonable time, the records and accounts of the procuring entity and contractor relating to the contract; and File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 64 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The Auditor-General, may audit the accounts of the procuring entity and contractor relating to the contract and the procuring entity; Monitoring and evaluation of procurement performance will be carried out through Bank supervision and post procurement review missions. These missions will be scheduled at least semi-annual supervision missions to carry out post review of procurement actions to be conducted. 7. PROCUREMENT BY SUB-GRANTS BENEFICIARIES OF THE SDF According to the PAD sub grants beneficiaries will be selected along the following groups of categories: Public training providers, government aided training providers, private training providers (both for profit and for not profit), associations and cooperatives, NGOs and Enterprise. These organisations are supposed to have a certain structure in place; therefore, they will need to observe a high level of accountability for the sub grants they will be managing. It is the general policy of the Skills development Facility (SDF) that any recipient of sub-grants is responsible for selecting vendors and making procurements for goods, small works and services. Sub-grantees will provide regular reports of all these activities to the SDP Procurement Specialist, which specialist will cooperate and advice on any procurement matter. Sub Grants will follow similar procurement principles as in Community Driven Development (CDD). Refer to Bank Selection and Employment of Consultants Guidelines, January 2011 paragraph 3.19 and those in national procedures. 7.1 PROCUREMENT PRINCIPLES. Although the high degree of variation among CDD approach precludes universally applicable rules and procedures, some general principles and working procedures apply, vis: Bank policies and Guidelines apply to SDF sub-grants beneficiaries in the same way that they do for any other project; however, their application has to be scaled to the project and the capacity of the sub-grants beneficiaries. The procurement objectives of the Bank Guidelines are efficiency and cost effectiveness, quality of goods and services, transparency, and competition among qualified suppliers. Procurement procedures developed for larger institutions do not always mesh well with the SDF sub-grants beneficiaries’ environment where the transactions may be too frequent and small to warrant the methods (and attendant costs) usually considered to be good practice for larger, less frequent transactions. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 65 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 7.2 Operations Manual Volume IV SDF sub-grants beneficiaries should take local culture, norms, and capacity into account. Procedures should be kept simple, with a high degree of transparency and accountability. PROCUREMENT ARRANGEMENT Every organisation that benefits from a sub-grant will have to describe how procurement of the sub grant will be handled. If they do not have a tender committee in charge of procurement, such an arrangement will have to be put in place. Sub-grant beneficiaries will be required to report to the SDF secretariat how funds have been spent. This will be done in a format that SDP Procurement specialist will develop. 7.3 PROCUREMENT REVIEWS BY THE SDF SECRETARIAT Prior review at the SDF Secretariat level will be applicable as follows: Services i/ Recruitment of a firm, each contract equal or above 50,000 US$ ii/ Recruitment of individual consultant each contract equal & above 30,000 US$ iii/ Direct contracting of all amounts. Procurement of works/Goods/non consultant services: i/ Each contract equal 100 000 US$ SDP Procurement specialist will conduct on an annual basis, a post procurement review of sub-grants. 7.4 PROCUREMENT METHODS Although international competitive bidding (ICB), national competitive bidding (NCB), and international shopping (IS) may be used by government and its agencies and their respective project management units, they may seldom be used by SDF sub-grants beneficiaries. Procurement methods which will be used under current SDF are: A. Goods and non consulting services. Given that the size of contracts will be relatively small compared to those carried out at the WDA level, simple methods will be applied under the sub-grant programme. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 66 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Sub grants will mostly include a large number of small value contracts services. Commonly used procurement procedures include shopping, local competitive bidding, direct contracting for small value goods and non consulting services, and the use of community labour and resources. (1) Shopping for goods (Up to $USD 25,000) Under this procedure, quotations are solicited from at least three qualified suppliers on basis of simplified documents. In order to enhance efficiency and remove the inherent risk of compromise, sub-grantees are advised to ensure that request for and submission of quotations should be in writing. Quotations should be opened at the same time and to the extent possible in the presence of bidders. (2) National Competitive bidding (NCB) document for works/goods/non-consulting services ($USD 25,000-100,000) Sub-grants beneficiaries will often be interested in open competition in order to enhance economy, perception of fairness and equal opportunity to suppliers and contractors. Open tendering procedures should be limited to local advertising using such media as local newspaper or radio, posting notices at strategic places, circulating such notices or reading them out in community meetings or other public gatherings. Here, sub-grants beneficiaries will be required it is not mandatory to advertise in a newspaper of national circulation and bidding documents are simpler. Target suppliers and contractors are often those within national boundaries. The request for bids spells out the works or goods required the criteria for selection, and the deadline for submission of bids. Bids are opened in a public ceremony. The bids are evaluated by a tender committee appointed by the sub-grants beneficiaries. Bids are examined to determine whether they meet the minimum specifications mentioned in the bidding documents (experience, equipment, services offered, and delivery dates). Bids that meet the minimum requirements specified in the bid invitation are retained for further evaluation and the bidder who meets the minimum requirements and offers the lowest bid is selected. The award and amount of the contract should be announced to all bidders. (3) Direct contracting/ off the shelf purchases (No ceiling) Direct contracting enables a supplier or a contractor to be chosen without applying the competitive method described above. This method is used when there is only one source available. Other justifications for direct contracting include the need to adopt a certain technology. To the extent possible, the contract price agreed upon should be within national market rates or established estimates as shown in a Unit cost database. Direct contracting should require approval of the sub-grants beneficiaries’ tender committee in order to remove the inherent risk of failure to justify the use of the method. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 67 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) B. Operations Manual Volume IV Consultant Guidelines. Bank’s consultants Guidelines apply to both individuals and firms. The three pillars of the selection process are competence, transparency of the process, and simplicity of the process. Suitable and efficient selection processes should be designed keeping these principles in mind. 7.5 TEMPLATE DOCUMENTS Given the size of contracts and the nature of market involved, sub-grants beneficiaries will use simplified templates. These will be developed by the SDP Procurement Specialist, and will be attached to this operations manual as an annex. These templates will include: i/ A simplified procurement plan, including items description, estimated cost, and selection/procurement method, estimated opening date etc…. This document will be part of sub-grant to be approved. ii/ simple bidding documents including contracts. iii/ simple bid opening minutes. iv/ simple evaluation report. v/ certificate of completion reports. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 68 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV PART III: HUMAN RESOURCE POLICIES AND PROCEDURES 1. INTRODUCTION The Human resource policies and procedures have been developed to provide comprehensive reference guidelines for WDA and project staff. They act as a tool that sets out to document and establish Internal Rules and Regulations which when applied consistently will facilitate the attainment of a high level of professionalism in the employees. The policies and procedures shall be used as a guide in making day-to-day people decisions and have been formulated in line with the Rwandan Labour Laws and best practice, management principles and values that require that the Internal Rules and Regulations should be transparent, fair, objective, explainable and consistent. 1.1 FORMULATION AND APPROVAL The HR policies and procedures have been formulated and documented in response to the identified needs of WDA and shall apply to the SDP and other subsequent projects. The overall approach to their development takes into account the following factors: The Objective. A clear definition of the purpose, goal and intent of each of the Internal Rules and Regulations. Stakeholders’ Validation and Approval of the Policies. In the case of SDP the stakeholders include, WDA management, WDA Board of Directors and the World Bank. All the stake holders shall give necessary approval for the policies and procedures. In particular case of SDP the World Bank shall where necessary give a no objection, sought by WDA. Exceptions. All exceptions to agreed and approved policy/ies and procedures may set unwelcome precedents and undermine the authority of WDA and overall management of projects. However, where exceptions are necessary, the policy shall clearly define management’s course of action for addressing the particular exceptions to the policy. 1.2 RECRUITMENT POLICY & PROCEDURES WDA is committed to recruiting and hiring the right individuals capable of delivering on set short and long-term strategies and objectives. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 69 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Recruitment procedures will be followed without bias or favor but with respect to the national gender policy; the only criteria being competence and merit of candidates. Staff will be recruited to reflect the diversity and needs of projects. These are staff that can make a commitment to uphold WDA Core Values of: Integrity, Respect, Quality Service, Excellence 1.3 OBJECTIVES WDA recruitment policy will ensure we recruit on an equal opportunity basis, Experienced Professionals that are qualified and are capable of delivering our short and long-term strategic objectives and results. 1.4 RECRUITMENT PRINCIPLES All the recruitment activities shall be conducted as per the defined policy considering statutory requirements. In addition personnel records shall be maintained in accordance with the best practices. A. Compliance to Local Legislation WDA shall comply with the Labour Laws of Rwanda, the Constitution of the republic of Rwanda, Rwandan Public Service Statute and other statutory requirements. B. Equal Opportunity WDA adheres to the policy of equal employment opportunity to all staff members and job applicants, regardless of; gender, religion, color, political affiliation, origin, ethnicity or race or family status. All recruitment activities including setting selection criteria and instructions to external recruitment agencies shall therefore be conducted without discrimination. C. Employment of Expatriates Where some skills are not available in Rwanda, WDA shall advertise a vacancy in the international press for a specific period. Further, WDA will facilitate the recruited experts to obtain work permits. D. Reputation as a Good Employer WDA shall conduct all recruitment activities in a way that enhances its reputation as a good employer, and as an institution that values the dignity of all those who wish to work File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 70 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV with WDA. This means that WDA shall provide high quality, equitable and courteous treatment to both successful and unsuccessful candidates including: Prompt acknowledgement of their application Updates on the progress of their application (on request) Fair consideration of their ability to do the job Invitation for an interview, if they meet specified criteria. A clause “that only shortlisted candidates will be contacted” shall appear on the advert. E. Long Term Potential In recruitment and selection of candidates, a view shall be taken not only of their ability to perform on the current vacant jobs but also of their potential to perform and grow into future roles. To achieve this effectively, the recruitment process shall use the approved WDA and project/s structure and job descriptions, which provide full details of the key responsibilities, qualifications and competency profile of each job in the structure. F. Authority and Responsibility for Recruitment Advertising of vacant posts under SDP shall be carried by WDA after a no objection has been given by the World Bank to the terms of reference in accordance with the SDP structure and approved budget.WDA will have to seek for and obtain a no objection also to recruitment process. The recruitment process shall not be deemed complete until authorization/ no objection has been given by the World Bank. The recruitment activity shall be undertaken through a partnership between relevant departments and the Head of Human Resources. It shall also be necessary to engage the expertise of external examiners. All recruitment interviews shall be carried out by a panel of trained interviewers who must be, at least, one grade above the vacant position. G. Recruitment Vacancies shall normally be advertised in the public media with a wider circulation both locally and internationally (for expatriates).This aims at encouraging competition and attracting a pool of candidates from which better selection can be made. Therefore external recruitment shall remain a feature of the recruitment policy. However to enhance individual personal and career development within the organisation and to establish a broader base for selection, employees of WDA who have the requisite qualifications and experience for the posts , will be free to apply and compete for those post. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 71 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV H. Recruitment Methods Where a decision to source candidates has been taken, a range of methods shall be used. It is the responsibility of the DG with support from the Administration and Human Resource unit to advice on the appropriate method/option to use. The method shall also depend on the seniority of the position and the available budget. The following are the range of methods available: Executive Search or Headhunt: This method may be used for the Project manager (SDP) and Senior Management positions and jobs requiring scarce or specialist skills. This will be done with approval from the World Bank. Recruitment Agencies: WDA may, where necessary, outsource part of or the entire recruitment process to preferred suppliers. The objective shall be to increase the level of objectivity and reduce administrative costs. The recruitment activities that can be out-sourced include advertising, screening, and initial, sitting-in interviews. Direct Advertising Search: WDA shall, where appropriate, advertise the position(s) directly in the appropriate media. All applicants are to be screened by the Human Resource Unit with interviews conducted internally by management of WDA and external examiners where necessary. This method shall normally be used dominantly to fill positions under SDP. Other Methods include; Records maintained by HR unit where applicants who were successful in previous interviews may be maintained on the reserve list and may be called for the job offer in case same post they competed for falls vacant due to the first ranked candidate failure to take it up or his/her resignation. This is economical in that the cost of repeating the whole recruitment process is avoided. I. Preparation i. Justifying the need for the Recruitment Appointments of staff in WDA and its projects shall be based on the approved structures to fill vacant posts. However at times it may be deemed necessary to appoint some personnel to positions outside the established structure to perform some duties in some departments of WDA or in Projects so as to achieve certain objectives that are in line with WDA’s mandate. Under such circumstances the Head of department or any other person who wishes to make such appointment will have to justify in writing why the appointment should be made to the Director General. The request for the appointment shall be made in writing and shall include answers to the following questions: File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 72 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Can the workload of the proposed position be redesigned or re-allocated to another position? Is there an opportunity to delegate more responsibility to extend the scope of another team member’s job? Are there more effective ways of doing the work e.g. external outsourcing? Is there an opportunity to introduce job sharing or part time work? How does this appointment support the institution in achieving the strategic objectives? What specific contribution will this appointment make to WDA and its projects? Where does this position fit in the overall organisational structure How are the costs of this appointment to be covered? ii. Position Analysis In accordance with WDA’ s strategic plan, Department Heads and other senior staff members shall identify additional staff needs and report to the Director General. Once the justification for the post has been made the HR unit shall perform a position analysis. The position analysis is to accurately define the job and the type of a person required to perform it effectively, including the skills and abilities needed to perform the work. The benefits of clearly defined job analysis include: A clear understanding of the job role A match between organisational and individual expectations The skills, technical knowledge, capabilities and attributes required for successful performance in the job are clearly identified and against which candidates are objectively assessed A clear framework to assist managers and new recruits in setting objectives and performance standards, and identifying training and development needs of new employees. The position analysis shall include the following information: Job Title Summary of General Purpose/Objectives of the Job General and Primary Responsibilities of the job Education Requirements Experience Requirements Technical Knowledge Requirements (computer programmes, etc.) Decision-Making Responsibilities Degree of Independence and/or Group Work Working Conditions File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 73 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Reporting/Accountability Date Required iii. Job description With the consent of the Director General, and in case of SDP after a no objection to recruitment by the World Bank, the HR unit in cooperation with the departmental head where the person will report shall then write an appropriate job description (if one does not exist). All job descriptions shall include the following information: Job Title Department Reporting Relationship Location of Job Summary of Duties and Responsibilities and how these are to be delivered Primary Duties and Responsibilities Education Required Experience Required Specialized Skills and Knowledge Required iv. Person Specification Once the position has been analyzed and the job description written a specification of the person needed to fill the job should be developed. The personnel specification should be as detailed as possible, including the skills, knowledge, qualifications and attributes that are required for the job and the experience and personal characteristics that are needed. It is good practice to specify what is desirable but also to state the essential minimum standards in case the ideal applicant does not exist. The Person Specification should document the following: Physical attributes Can the person physically perform the job they are applying for? Attainments These refer to the knowledge and skills that is required to do the job, covering factors such as: Qualifications including the level of general education required Any specific job training that is necessary Any experience of similar work that is relevant or required Future potential. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 74 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV General intelligence What levels of mental ability are necessary? Or are general definitions of quickness, accuracy, comprehension etc satisfactory? File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 75 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Special Aptitudes Does the job demand any special factors and, if so, to what extent? Is a mechanical aptitude desired? Verbal ability? Numeric? Ability to drive? Disposition How acceptable should the successful candidate be to other employees and at what levels? What capacity is required for leadership, or influencing and persuading others? What importance is attached to steadiness and dependability and to independent thought and action? Circumstances and Special Conditions This shall describe other conditions and non-standard requirements of the position, for example: Frequent travel How near does the candidate live to work? Unusual hours of work. Does the candidate need to work at irregular hours? J. Advertising the Vacancy Once the job description and person specification has been agreed upon between the WDA and the World Bank in case of SDP, the HR Unit shall embark on a recruitment strategy that includes developing and announcing the vacancy (or vacancies). Occasionally a recruitment agency may be used, in which case they might reasonably be expected to handle advertising, document flow and short-listing of candidates. K. Advertising Media Careful consideration shall be given to the appropriate advertising media for each post, in order to attract the best pool of candidates. New positions may be posted in the following locations. In all our headquarters and branch offices On selected church boards With selected professional associations In selected newspapers International press in case the post requires expatriates. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 76 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV L. The Recruitment Advert All postings and announcements shall include the following information: A brief statement about WDA and project background, Job Title Division/Department/Project Location of Job Summary of Primary Duties and Responsibilities Educational Qualifications Experience required for the post Application Procedures/Contact Information Closing date M. Short-listing Candidates Upon receipt of application forms, and ten days after the closing date, the HR unit shall select a relevant team to review each application on its own merits in relation to the requirements for the post and the Personnel Specification. It is useful to create a Summary Form for each candidate. This should help to evaluate the candidate's application against the specific requirements of the job description and the person specification. During short listing the following shall be considered: Does the applicant “fit” the job description in all categories? Does the applicant have related experience? Does the applicant meet the educational requirements for the post? Does the applicant have the required level of competencies to do the current job and to provide the potential required in order to meet the future needs of WDA and its projects? Are the applicant’s career goals and reasons for applying appropriate to the post? Does the applicant complement other members of the team (e.g. in terms of gender balance)? The HR unit and the team members shall rank each applicant on the Summary Sheet. The HR unit shall invite the applicants who meet all the minimum requirements of the post for an interview. If none of the applicants meets the minimum requirements for the post, then the process should be repeated after discussion with the Director General. N. Written exam File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 77 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Shortlisted candidates shall be invited within 10 days after close of applications for the written examination. The written examination shall be marked out of 50% .WDA shall prepare and conduct written exam with help of it relevant senior staff members and external examiners where necessary. The written examinations’ marks shall be displayed on the notice board within 10 days from the date of the examination. Candidates who get 25/50 will be admitted for the oral interview. O. Oral interviews Shortlisted candidates for the oral interview shall be invited for the oral interview within 3 working days after the display of the written exam. The written interview shall be market out of 50%. However, WDA may only conduct the oral interview in case of the executive positions and when time for recruitment is limited. Under such circumstances, the oral interview will be marked out of 100%. Before invitations for interviews are offered, the HR unit shall develop a mutually agreed upon interview time schedules with the concerned parties/resource persons. The HR unit shall then contact the applicants according to the interview schedules. P. Selection Process The two most common methods of selection to be used by WDA shall be interviewing and testing which shall be often used in conjunction with each other. i. Planning the Interview WDA recognizes that finding the best possible applicant requires an interview that meets both the interviewer’s and the candidate’s needs in the best environment. Therefore WDA shall always properly plan for the recruitment interviews. ii. The interviewer(s) - What do they need? All members of the Interview Team must be free of any form of bias. The interviewer(s) shall also check the availability of references or special reports on the candidate. The Personnel Specification should identify attributes and characteristics that can be looked out for in the interview. The interviewer shall be clear on the further particulars of the job, and with other details such as the proposed wage or salary level and the conditions of employment. iii. The Candidate - What does he or she need? File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 78 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV As an absolute minimum the candidate will need to be met and greeted on arrival, and certainly to be shown where facilities are. The candidate will need somewhere to wait in comfort. What the candidate does not want is to be kept hanging around, wondering what is going on. iv. The interview - What does it need? The interview needs to be planned. A structured interview organized in a series of discrete units or areas of enquiry, each of which may be assessed separately shall be used. The plan shall therefore provide a route through the interview, and tell the interviewer(s) what they shall be looking for along the way. A good Personnel Specification shall provide a ready-made structure and shall give some very precise leads on the skills, qualifications and attributes that are needed to search for in the candidate. A preliminary discussion is therefore essential to agree what the panel is looking for and who shall ask what. v. The location - What is needed? A suitable room is essential and it needs to be prepared in advance. The layout of the room can also influence how well things go. It is important to ensure to create a conducive interview atmosphere and to give the candidate an appropriate chair and provide a glass of water. Q. Testing Each short-listed candidate may be requested to take certain tests to establish performance capabilities. Depending on the position, tests are available to measure: Attainment - knowledge (such as technical terms or procedures) and skills Intelligence - general intellectual potential and problem-solving skills Aptitudes - special abilities such as: verbal aptitude, numerical (straightforward numerical calculations), mechanical, precision, speed, steadiness, clerical (ability to check and classify) Leadership. Interests - identifies interest areas as a measure of suitability for certain kinds of work Personality - very controversial, but claims to measure temperament, disposition, introvert/extrovert characteristics etc Physical characteristics - general health, eyesight, hearing ability. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 79 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV R. Conducting the Interview – Questioning The head HR unit together with the office of the DG will select a relevant panel to interview candidates. The panel members will select questions according to their preagreed roles during the interview. Core questions should be paused to all applicants in order to compare and contrast responses. Additional questions emerging from the applications and CVs of the candidates or the responses to core questions can then be posed. Questions posed to the applicant should be designed to elicit information on the suitability of the applicant for the job. They should yield information on the specific and job-related attributes needed to perform successfully. S. Choosing the Right Candidate i. Assessing Suitability A general discussion shall be held among the panel members, ending in the selection of the top candidate, followed in rank order by the others. A consensus shall be reached about whom will be the first to be offered the position. For a candidate to be offered the Job, he/she should get 70% and above. All candidates who get 70% and are not ranked number one shall be put on the reserve list to be considered in case the first ranked candidate does not take up the offer. ii. Pre - Employment Checks The degree to which a candidate background is investigated shall reflect the nature of the duties to be assumed. Greater details shall be sought for over sensitive, senior positions. These checks shall be taken promptly once the conditional offer has been accepted. Individuals must not be allowed to assume responsible duties with in WDA until reference procedures have been completed satisfactorily, vis: Career History. A satisfactory employment or educational history must be established for individuals in sensitive positions. Reference Letters. For individual filling non-sensitive positions, a satisfactory reference must be obtained from the current employer or educational establishment. Qualifications Verifications. Original education and training certificates should be seen and verified. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 80 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV T. Making the Decision to Appoint Once consensus has been reached, the HR Unit shall then contact the selected candidate to offer her/him the position. In the event that the applicant does not wish to work for WDA the head of HR unit shall inform the Director General that the first-in-rank candidate has refused the job offer, and then contact the second-in-rank candidate to offer him/her the position if he/she had got 70% and above. Those who pass the interviews and are not considered will be kept in the databank (on reserve list) for a period not exceeding one year. The best applicant(s) shall be appointed for the job(s) as follows: The Director General, Deputy Director Generals and Directors Shall be appointed by the Cabinet Other employees in Civil service jobs shall be appointed by the Board of Directors after being approved by the Public service commission. Employees on contracts shall be appointed by the Director General of WDA. Projects employees shall be appointed on two years contracts renewable depending on the project duration. Each employee shall be issued with a letter of appointment specifying the job title, job description (duties and responsibilities), salary scale, benefits, effective date of appointment/ assumption of duty, duration of probation, duration of contract, and the terms of termination of the contract. U. Classification of Appointments Staff appointments in WDA shall be; on permanent terms others contract terms. No contract shall be entered into with any employee below 18 years. V. Employment Contract The employment contract is the basis for employment and is subject to performance and adherence to the Code of Conduct. Following the recruitment process the first preference candidate shall receive an appointment letter from the Director General as appropriately, agreed upon and signed. The candidate shall return the signed contract or object the offer within seven (7) days of receiving the contract. The contract is conditional on the successful completion of the probationary period and is subject to performance and adherence to the Code of Conduct and Terms and Conditions of Service. W. Employee Induction A comprehensive Induction to new recruits is vital to align people to WDA’s culture and goals. Our policy is that all new employees shall be properly inducted in the orgaFile: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 81 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV nisation and supported so that they can begin to operate effectively and live according to the WDA’s culture, values and goals. All new staff that join employment shall complete the Induction Process within three months of commencing employment. Timing will vary for Senior Managers. It is the responsibility of the Department Heads and/or supervisors to ensure that all newcomers to his or her team complete the Induction Process within the specified time period. The Induction Process shall involve three stages: Stage One: Administration, in which the individual completes the formalities arising from his/her employment with WDA and learns about the key HR and WDA policies Stage Two: Functions focus, in which the individual learns about his/her new job, department and functions. Stage Three: An Induction workshop in which the individual learns about the strategy of WDA. The Induction Process may vary according to the individual needs of the new recruit, but as a minimum the following aspects shall be included: Background/Overview of WDA its vision, mission, values, goals, objectives and organisational structure, and how its core values are a part of everyday practice The mandate of WDA and its focus/ activities Introduction to the location where the new employee shall be working and to future work-mates Job description/ schedule of duties Working hours, overtime, leave etc The Code of Conduct, Declaration of Confidentiality and other WDA policies/ agreements as appropriate Business focus and processes Performance Appraisal, Training Needs and Personal Development Health, safety and security measures Projects Partners Government policies File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 82 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV An important part of the Induction Process will be the completion of a Training Needs Analysis for each new member of staff. At the completion of the induction process, every new staff should be familiar with their new working environment, roles and responsibilities. They should have a clear understanding of the performance objectives for the probation period and should have gained a clear understanding of the organisation’s vision, mission, policies and procedures and core values. At the end of the induction, the new staff will sign a form agreeing to having been inducted in the specific key organisational areas pertaining to the work objectives. X. Probationary Period Upon acceptance of a written offer outlining Conditions of Service, every employee shall serve a probationary period of 6 (six) months. Following this period the employee shall be assessed and have their employment confirmed, or terminated. The Probation Period for all new employees shall be 6 months. The probationary period may be waived for senior employees and executives depending on the prevailing circumstances in each case, and project agreements. Civil servants transferred to WDA who are already confirmed in their appointments shall not be subjected to probationary period. Informal reviews shall take place regularly during the probationary period and any issues arising documented in writing, discussed with the employee and a plan of action agreed with the supervisor. At the end of the probationary period the employee shall be confirmed following satisfactory performance. If performance has not been satisfactory the employment contract shall be terminated, with reasons clearly stated. Y. Confirmation On the completion of the probationary period, the Department Head shall conduct an evaluation, using the Probationary Appraisal interview. The parameters of the evaluation will have been presented to the employee at the outset of their probation period. Based on the findings of the evaluation, the Department Head shall recommend one of the following: Confirmation of employment for successful completion of the probationary period Extension of the probationary period for up to 3 additional months (with only one extension period allowed) Termination of employment for unsatisfactory performance during the probationary period File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 83 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV If the employee is to be confirmed he/she shall receive the appropriate documentation from the HR Unit. If the probationary period is going to be extended, the employee shall be notified in writing, with the reasons clearly stated. If performance or conduct has not been satisfactory, the employment contract shall be terminated, with reasons clearly stated. This can occur at any time during probation, with notice of fifteen (15) calendar days or payment in lieu of notice. The Training Needs Analysis shall be completed by the HR Unit, in consultation with the Head of the department and with the employee themselves. Such analysis shall result in a Training Plan, agreed by the Head of Department and the employee, which then feeds into the Appraisal process. Z. Transfers Staff members will work in any part of the Country. Staff may be transferred by WDA when it is deemed necessary. Geographical transfers may be done in consultation with the staff member in question, the line Heads of Department involved (releasing and receiving) but in any case to the benefit of WDA. Transfer will be without any change in pay for the staff members, unless there is also a change in roles or the transfer is based on promotion. Staff will be facilitated to move to their new stations according to the established rates. WDA may rotate the assignment of staff members within the unit or between units to broaden their knowledge of the different phases of operations. AA. Personnel Records It is a statutory requirement that personnel records are maintained for all employees of WDA relating to personal circumstances and employment or benefits for following purposes: Statutory purposes including payroll To ensure individual employees are covered by appropriate salary levels and benefits For health and safety reasons, so that employee family/next of kin can be contacted in emergencies. It is the responsibility of the employee to provide and advise the HR Unit of any changes in the following: Address/telephone number Marital status Next of kin/emergency contacts Spouse name and birth of children (supported by a marriage certificate) File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 84 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Education and exam passes 2. STAFF TRAINING AND DEVELOPMENT POLICY WDA is committed to the growth and development of staff and ensuring that they are trained to carry out their current jobs and equipped in adequate time to perform future roles.WDA shall also encourage the culture of learning through self-development and continuous training at all levels of staff at regular intervals. It is WDA’s policy to ensure that each individual has identified training and development needs. 2.1 Principles WDA’s Training and Development policy principles are: WDA shall encourage individual self-development initiatives through a supportive environment to help employees achieve the WDA’s objectives We shall provide timely and relevant opportunities based on current needs as well as longer-term planning. The training and development opportunities will be based on individual established capacity needs We shall make use of approved and preferred Training Consultants where necessary An important part of the Induction Process is to complete a Training Needs Analysis for each new staff member. It is rare that a new recruit or promoted staff member will match the Personnel Specification of the position exactly and a Training Needs Analysis will identify where further training and development needs lie. The process shall result in a Training Plan, agreed upon by the Head of the Department. Training and Development needs shall be identified and analyzed through the formal Appraisal Process 2.2 Job Description and Competency Mapping We are committed to ensuring that all positions in WDA are defined in terms of their responsibilities and the competencies required. Individual competencies will be profiled against an agreed and required job competency for their role. The established gaps (competency gaps) will be translated into Training and Development Plans for the individual. Competencies in this respect refer to knowledge, skills or personal characteristics needed to do the existing jobs with a view to achieving the overall objectives of WDA. In addition to the File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 85 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV above, each job shall have specific technical competencies required for the effective performance of given responsibilities. This shall vary from one position to another. To achieve this objective, job descriptions and specific competencies in regards to each individual job shall be identified, documented and communicated to each individual. The job competencies shall be incorporated in each job description and reviewed regularly to ensure that any changes that take place within the institution and have impacted on existing jobs are subsequently reflected in the competencies. 2.3 Competency Mapping Process The following procedure is critical in ensuring that the competency mapping process is carried out successfully: a) Periodic review of the Organisation structures to ensure that they are in line with the overall organisational objectives b) Putting in place Job Descriptions that are updated and current, and carrying out periodic review of the same. c) Profiling individual jobholders competency against the approved job responsibilities and competencies, and identifying gaps d) Consolidating individual training needs into an overall business training and development plan e) Designing a training and development programme based on the identified individual and business competency based training needs. f) Drawing up a training implementation plan including budget It is the responsibility of each individual to identify personal training and development needs and to ensure that he/she acquires the necessary knowledge, skills and ability to perform current and future roles. 2.4 Development of Training Programmes The Head of HR shall facilitate the design and development of internal programmes based on the identified gaps and needs. He or she shall review all external programmes in conjunction with the business and technical trainers and ensure appropriateness to specified business needs before adoption. 2.5 Nominations and Training Delivery Courses are arranged with the objective of improving employees' technical and personal skills. Where courses are relevant to an employee's job and competency gaps they shall be invited to attend using the following process: Each year department managers shall receive adequate copies of the HR Update outlining the structured programmes for the year File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 86 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The Departmental Head shall receive and recommend all course nominations for his/ her function to the HR unit, whether in-house, local or overseas The head of HR shall review nominations received for various programmes to rationalize participant mix and numbers The head of HR shall also consolidate the nominations and draw up a training plan and implementation budget and then obtain endorsement from the director general. Once the overall budget is approved, invitation letters shall then be forwarded to selected participants approximately one month prior to the commencement of the programme. The invitation letters shall outline the objectives of the programme, and provide details of the contents and any preparatory work required. 2.6 Training Evaluation To maximize learning and development a tripartite effort is essential at all stages— precourse, end of course and post course. This involves the learner, his/her Department Head and the provider of training (In-house or external trainer). The objectives and process of each stage shall be as follows. A. Pre-Course Evaluation The purpose of the pre-course evaluation is to determine the need for the Training Programme and the benefits expected. This has to be agreed by the nominated Staff and his/her immediate supervisor. The head of HR shall co-ordinate the Appraisal Process, the identification of training needs and the delivery of training activities throughout the Organisation. B. End of Course The purpose of this stage shall be to: Help participants ascertain improvement areas Help trainers obtain feedback regarding course conduct and participant learning Establish minimum standards for satisfactory course completion To achieve these objectives all participants at the end of each course shall complete a course evaluation form. C. Post Course Evaluation The true test of training effectiveness and development must necessarily be reflected in job performance. It is, therefore, imperative that both the participant and his/ her immediate supervisor are in agreement on action plans with precise measurable performance criteria. This would be enabled by completion of the post-course joint action plan formulation, which shall then be periodically discussed. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 87 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 2.7 Responsibilities for Training and Development A. The Individual It is the responsibility of each individual to identify personal training and development needs and to ensure that he/she acquires the necessary professional expertise, knowledge, skills, attitudes and required competency ability to perform current and future roles. A. Department/ Line Managers All Managers share the responsibility for the training that is to help staff to: Reach a high standard of competence in the performance of their duties Develop the knowledge and the skills necessary to assume future responsibilities Contribute effectively towards the Organisation achieving its objectives. The role of supervisors is therefore to fully support the development of team members through working out their self-development and in-house initiatives, identification of their training and development needs, and creation and facilitation of learning opportunities. B. The Head of HR unit It is the responsibility of the head of HR unit to: Prepare WDA capacity building plan and budget based on the capacity needs assessment report. Co-ordinate and facilitate all training and development initiatives Provide support to Department/ Line Managers and Trainees through the design, delivery, and internal and external sourcing of development solutions Ensure that recommended training and development meet the overall objectives and are followed through Encourage and support self-development initiatives through the provision of relevant reading materials. 2.8 Self-Study Policy A. Implementation Self-development initiatives shall be identified through the Training Needs Analysis process. This process assists employees to identify their development needs and solutions. Wherever the identified self-development need is in line with the mandate of WDA and would add value to the employee’s performance, the organisation shall consider options for allowing and probably supporting them. However, this will be dependent on the current priorities and financial resources available. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 88 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV B. Study/ Further Education WDA encourages high performing employees, particularly those without tertiary qualifications, to continue their education as long as such self-development programmes do not compromise the individual’s time at work. Staff members, who wish to pursue further studies, outside of work hours are encouraged to do so. C. Study Assistance Policy and Guidelines WDA shall support employees undertaking work-related studies by providing a range of assistance. Study assistance options include recommendation for credit facilities, Part or Full Sponsorship. An employee is eligible to apply for assistance to continue their education when: They meet all the approval criteria listed below, and They have discussed the proposed study with their Supervisor and it is specified in their training and development plan. D. Approval Criteria: a) The employee has completed probation period and is already confirmed in his appointment. b) Type of development: the course is relevant to the operations of WDA, corresponds with the applicant's development needs (as specified in their training and development plan), cannot be met by an internal training and development programme and is affordable. c) Performance: The course is intended to address the identified gaps of an employee in order to improve performance. d) His/her proceeding for training does not conflict with public service training policies All applications shall be assessed on the basis of current and future needs of both of the employee and WDA. To apply for study assistance, either a loan or sponsorship, an employee needs to submit a proposal to their immediate supervisor, together with details of the course content, mode of study, lecture and other requirements, as well as cost. E. Sponsorship Sponsorship of the cost of study may be considered if the area of study is critical to the development of the Organisation and the employees’ contribution to the organisational goals. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 89 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV WDA shall first need to ensure that there are available funds for the sponsorship and that it is in the best interests of the organisation to make this investment. Additional criteria for approval of sponsorship from WDA: The employee shall commit to staying with WDA for the equivalent years (depending on length of the course), with this written into the employee’s contract The employee agrees to sponsorship “bonding”: If the employee does not return to the organisation or stay with it for the agreed length of time following the completion of their studies they shall be obligated to repay the entire sponsorship amount to WDA. Where a person must leave, the new employer shall meet the bonding obligations. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 90 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Similarly, if the employee sponsored to study is not awarded the degree due to failure to pass exams or does not complete the course, they shall be responsible for the repayment of the full sponsorship amount. This shall be contractually agreed with the employee. On approval of sponsorship, WDA shall pay the tuition fees each semester. 3. TERMS & CONDITIONS OF EMPLOYMENT WDA aims to provide employment terms and conditions and a working environment that intends to position it as one of the best employers in. As a law-abiding employer, WDA and all its employees are duty-bound to recognize, uphold and apply Rwanda’s employment laws and the public service statute through employees’ contracts of employment. Standard Working Hours Employees are to adhere to the standard work hours of WDA in particular and public service in general. The standard working hours are as follows: The normal working week shall consist of working hours as follows: Monday to Thursday from 7:00 am to 5:00 pm Friday from 7:00 am to12: 00 Noon to enable employees go for sports. Employees are entitled to a lunch break during the working day of 1 hour from 12.00 noon to 1.00PM. 3.1 Time Records for Staff Office staff members shall record the following in the register book: Time In (reporting for work) Time Out (home-bound/after work) A staff member found to be in time violations shall be subjected to disciplinary action. 3.2 Weekends, Public Holidays Saturdays, Sundays and National Public Holidays are not regular working hours. If an employee is requested to work on those day(s) by their Supervisor in order to accomplish urgent assignments, they shall be expected to cooperate. 3.3 Payroll Deductions It is the policy of WDA to comply with all statutory requirements. These include: National Social Security Fund contribution (CSR) Pay as you Earn (PAYE) income tax Insurance Any other deductions as per local statutory requirements. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 91 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 3.4 Operations Manual Volume IV Leave and Absenteeism Most types of leave taken by staff shall be scheduled one month in advance, with leave forms submitted at least a week before taking leave, so that adequate arrangements can be put in place to cover these absences. This particularly applies to annual leave and maternity leave. An annual leave roster shall be prepared by each head of department and submitted to the HR unit for consolidation. 3.5 Annual Leave All contracted staff members are entitled to annual leave of 18 working days per year. In addition to this, the staff member is entitled to be on leave for all declared national public holidays. Permanent employees (civil servants) are entitled to 30 calendar days of annual leave. As much as employees begin to earn annual leave credits upon commencement of duty, leave will only be taken after confirmation in their appointments. Annual leave is cumulative. Annual leave can be utilized in cases of prolonged sickness/illness if the employee has already exhausted his/her sick leave. Annual leave credits do not accrue during the period of suspensions, or when on leave without pay. A staff member must submit a leave form and receive his/her approval copy that serves as a staff member’s authority to go on leave. A staff member who goes on leave without approval shall be considered to have abandoned his/ her work and disciplinary action shall be taken accordingly. Each staff member is required to take annual leave every year at schedules arranged by the Supervisor and subject to the approval of the HR Unit. Leave application forms shall be submitted at least 5 working days before the actual date of availing leave. The agreed schedule for leave shall be followed, except in the following circumstances: Recall for work: In case of urgent necessity, the organisation may recall for work, any staff member who is on leave. In such event, the balance of the staff member’s leave shall be re-scheduled for another period by his/her supervisor. Any staff member who refuses to be recalled without any valid reason shall be subject to disciplinary action. Postponement: Leave may be subject to postponement when the exigency of service so requires, as determined by the department heads. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 92 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV In cases where WDA requests the employee to forego already approved leave or return to work from leave early, the employee may add the unused annual leave credits to that of the succeeding year. Annual leave may not be commuted to its cash equivalent except in the following circumstances: When a staff member resigns, accumulated leave credits shall be commuted to cash and paid along the terminal package. If leave has not been taken due to the employee being recalled to work or requested to postpone leave on elapse of 2 years. If an employee is subjected to another appointment before enjoying his/her accumulated leave. 3.6 Sick Leave An employee may be granted leave of absence with full pay and benefits owing to ill health subject to such leave being ordered by a medical doctor, applied for in writing, and approved by the Director General of WDA. This leave may not exceed fifteen (15) working days per year. Sick leave up to six (6) months with full pay may be granted if, in the opinion of the Management, the particular situation warrants it. The WDA Board of Directors must approve sick leave for periods of more than six months but not beyond (12) twelve months. After 12 months the employee shall be considered unsuitable for employment, and services shall be terminated. WDA may check on the illness of a staff member and refuse sick leave pay if there is reason to believe such payments to be unjustified. Any misrepresentation of sick leave shall be subject to disciplinary action. In cases where sick leave has been exhausted, absences that are due to illness may be charged to available annual leave credits. In cases where both annual leave and sick leave credits have been exhausted, absences due to illness shall be charged against salary. An employee who is absent from work due to illness or injury is required to contact their supervisor as soon as possible to notify him/ her of their absence at work due to illness. Should the employee fail to comply with the requirement they will not be entitled to sick leave pay for the period of absence. Disciplinary actions may also be taken. Sick Leave shall not be accrued. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 93 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 3.7 Leave without pay After the individual has exhausted all other leave entitlements and still has a convincing reason to take leave, he/she can apply for leave without pay. Maximum leave without pay shall be 3 months and has to be approved by the Director General of WDA 3.8 Compassionate or Emergency/Special Leave Employees may be granted special leave on emergency or compassionate grounds. Special leave is to provide for illness of dependants requiring hospitalization, death and natural catastrophes affecting the home and the immediate members of the family, or serious personal problems. WDA Management may at its discretion grant compassionate leave to an employee in such compelling circumstances. In such instances, the number of days granted shall not exceed 10 working days per annum. Days taken in excess of this shall be charged from annual leave. 3.9 Maternity Leave For delivery purposes, a salaried woman has a right to suspend her work during 12 consecutive weeks of which two are obligatory before the presumed date of delivery and six weeks obligatory after delivery. During the first six weeks, she will receive full pay and only 20% in last 6 weeks. An employee on maternity leave will not forfeit the annual leave for the given year. 3.10 Paternity Leave A male employee shall immediately after the delivery of a baby or miscarriage by his official wife takes 4 days of leave as per the provisions of the Labour laws of Rwanda. These should be taken immediately after the birth of the baby or miscarriage otherwise they will be forfeited. 3.11 Miscarriage A female employee shall resume work after experiencing a miscarriage as per the provisions of the Labour Laws of Rwanda. 3.12 Study Leave Any employee wishing to undertake studies that require him or her to be away from the job for a period exceeding 6 (six) months shall resign from the appointment with WDA, and reapply after the studies, except where such studies have been sponsored by and/ or for WDA. 3.13 Absence without Leave Any staff member who is absent for more than 3 (three) consecutive working days without being granted official leave is considered to have abandoned or absconded from his/her work, File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 94 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV which are grounds for immediate dismissal. All rights, privileges and benefits accruing to him/her, apart from accrued annual leave and the pay up to the date of absence, shall be forfeited. The exception is if there is a valid reason, which could not have been communicated before taking the absence. It is a good practice for the HR Unit to take responsibility and reach the staff member during this period to ascertain absence reasons. But it is the duty of the staff member to try and inform his/her supervisor his/her whereabouts failure of which he will be regarded as having abandoned duty and resigned accordingly. 3.14 Acting Allowance When an employee is asked to fill the position of a supervisor or higher-grade position for a period of not less than 60 working days, reviewed after six months, he/she shall be entitled to receive an “acting allowance”. The acting allowance shall be the equivalent of the difference between the monthly salary of the employee and the base salary for the position one is acting in. If an employee has held an acting position for a period of six (6) months and more, they may be eligible for a permanent position in that role, subject to satisfactory performance. When the acting appointment ends, the employee's salary is returned to their original basic salary in accordance with his/her substantive appointment. 3.15 Staff Medical Benefits All WDA employees will benefit from RAMA medical scheme following its eligibility criteria. All WDA staff is required to be registered for health insurance cover. WDA will provide a contribution to the cost of the medical cover according to RAMA law. 3.16 Mobile Phone and Landlines Communication Allowance Senior staff of the WDA will be enabled to bear the cost of mobile telephone communications through a monthly allowance in accordance with their grades as follows: these figures will from time to time be determined by the board: The Director General : Frw 150,000 per month Deputy Director General Frw 100,000 per moth Heads of Department : Frw 50,000 per month Senior officers Frw 30,000 per moth Other staff : Frw 20,000 per month Project staff will be given airtime allowance according to the budget. For landline communication, the office of the Director General will have access to fixed office telephone. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 95 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 3.17 Retirement Benefits WDA provides for staff retirement benefits as under the statutory requirements of the NSSF Act. The employer pays 5% of the gross pay monthly and the employee pays 5% towards the retirement benefits that are accessible according to NSSF regulations. 3.18 Mandatory Retirement Age Employees are eligible for retirement upon reaching 65 years. However as per the Employment Act requirement, an employee will be automatically retired on attaining 65 years. On retirement an employee shall be given a certificate of service. However employees on contract terms of appointment will have to leave the service of WDA in accordance to terms on contract period. 3.19 Bereavement If an employee dies, WDA shall contribute a coffin and transport for the body to the place of burial within Rwanda and any other funeral expenses up to FRW 200,000. At the discretion of management, the organisation vehicle may be provided (when available) to transport the body to the burial place but the per diem of the driver will be deducted from the organisation’s contribution. In addition, WDA will pay to the deceased's family his/ her terminal benefits applicable under the WDA policy. 4. CODE OF CONDUCT 4.1 Policy Statement To maintain stakeholder and public confidence, all employees of WDA shall be guided by the principles of our Code of Conduct, including integrity, confidentiality, professionalism, loyalty and absolute honesty. 4.2 Implementation of the Code To ensure adherence to the Code of Conduct, we shall have the following implementation and communication system: Employees shall comply with the Code of Conduct in their day-to-day work. Any circumstances that might compromise these ideals shall be avoided. Should these core values be violated, severe reprimand or dismissal may result Any observed cases of non-compliance shall be reported to the HR unit through the departmental head. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 96 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 4.3 Operations Manual Volume IV Compliance to Policies, Rules and Regulations Employees shall: Comply with all the Organisation’s principles, rules and regulations, policies and procedures and generally with all the Organisation’s requirements and regular instructions given by their supervisors Comply with the instructions and directions given by their Supervisors. Advise their head of department or the Director General of WDA if they are aware of any irregularity, which might affect the interests of the organisation. Advise their Heads of Department or the Director General if they believe that the instructions given by their supervisors, oppose the Organisation’s interests, or are illegal, Always act so as to protect the Organisation’s interests. 4.4 Professionalism, Respect and Courtesy to Members, stake holders, partners All employees should behave in a professional manner to stake holders, partner, clients and to colleagues. All staff members are: Expected to treat all customers and colleagues with respect and courtesy Forbidden to be under the influence of alcohol during and after work. Are expected to conduct themselves at all times with integrity and temperance Expected to be smart and tidy in dress and personal grooming Expected to refrain from associating themselves by act or word with abusive/ offensive language and quarrels Expected to behave in a manner that reflects the Core values of WDA 4.5 Acceptance or Solicitation of Gifts (in cash or in kind) Staff members are not allowed to: Accept any gift (in cash or in kind), loan, or donation for themselves or any other member of their immediate family from any of the Organisation’s customers, suppliers, individuals or companies that have or expect to have business relations with WDA. Any such offers shall be reported to the employee’s immediate supervisor. Staff must not solicit inducement, either directly or indirectly, whether in cash or in kind in order to provide any favors to a client in the provision of service or any other activity of WDA for which they are entrusted either jointly or individually. Attempts to use any means (with the assistance of a third party or otherwise) to influence the institution in any way for his or her own or a colleague's benefit. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 97 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 4.6 Operations Manual Volume IV Abuse of Office The following shall be deemed to be abuse or misuse of position and may constitute grounds for disciplinary action including dismissal: Canvassing, soliciting or accepting inducement(s). Employees involved in the outsourcing of any of the services of the institution or involved in obtaining any services on behalf of WDA are not allowed to canvass, solicit or accept any inducement of any kind or means in order to influence, assist in or procure: The employment of any person or persons by WDA The awarding by WDA of the contract for the supply of goods or services or the contract for services being out-sourced to any persons or company Use of WDA Assets for Personal Gain Employees are not allowed to use any of Organisation’s computers, telecommunications, buildings, supplies or other assets/equipment when working on their own business or on behalf of a third party except on permission of the Director General of WDA 4.7 Public Representation Employees are not allowed to: Make oral or written public statements about national, local, legal or other matters as the Organisation’s representatives without prior approval from the Director General. If WDA wishes to make such public statements, an officially delegated person shall be nominated. Staff members who wish to make such statements shall make it clear that they are expressing their personal views, and definitely not those of the Organisation. 4.8 Declaration of Confidentiality A. WDA activities and information. All staff members are required to maintain strict confidentiality. Information on the Organisation’s business deals, negotiations, customers, correspondence, structure, policies, procedures, etc., are the property of the Organisation, and therefore no staff member is allowed to disclose any such information. Any internal communication within the organisation or between the organisation and its legal advisers, clients, or business partners is strictly confidential and shall not be disclosed either orally or in writing to third parties. Thus, members of staff shall take every precaution to protect the confidentiality of client information and their transactions. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 98 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV No member of staff shall during, or upon and after termination of employment (except in the proper course of his/her duty or with the Organisation’s consent), divulge or make use of any secrets, copyright material, and correspondence. No staff shall in any way use information so obtained for financial gain. Violation of the Confidentiality Rules constitutes a case of gross misconduct. 4.9 Conflict of Interest The following circumstances are deemed to be in conflict with the interest of WDA 4.10 Conducts of Other Business During Office Hours. Members of staff shall not engage directly or indirectly in any business activity that competes or conflicts with the Organisation’s interest. If a member of staff conducts business other than the Organisation’s business during office hours there is a conflict of interest. 4.11 Excessive Time/Attention to Activities outside the Organisation Where the participation in any business activity outside the institution and office hours demands excessive time and attention from the member of staff, thereby depriving WDA the employee’s best efforts on his/her job, a conflict of interest is deemed to exist. 4.12 Approval to Engage in External Activities Before making any commitment to engage in external employment or study, the staff member shall discuss this with their departmental head. A written approval of the Director General shall be obtained before an employee embarks on part-time employment, or study. Approval should be granted only where the interest of WDA will not be prejudiced. 4.13 General Conduct It is expected that all employees shall perform their duties to the best of their ability to maintain and continually strengthen the commitment to WDA’s Vision, Mission and goals. Employees in positions of authority are expected to exercise such authority with respect, act as role models in all aspects of employment, and maintain a high standard or duty and conduct. 4.14 Dress Code In keeping with the image of respect of WDA all employees shall ensure their grooming and personal appearance instills confidence and conveys professionalism—i.e. all staff are to be smart and tidy in dress and personal presentation, and clean and decent at all times. File: om-volume 4 - 128 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 99 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 5. COMMUNICATIONS POLICY 5.1 Policy Statement WDA shall maintain a proactive corporate communications system with the public, clients and employees. 5.2 Corporate Communications The Public Relations officer shall be at the forefront of all communications directed at the public and clients. Such Communications shall depict an accurate portrayal of what WDA is, its performance, its standards, its values and its aspirations for services in the future. 5.3 Information not for External Communication The Public Relations and Marketing Officer of WDA shall make available factual information when requested by staff, clients and all stakeholders, with the exception of following information: Any information provided in confidence to officers and employees Any information related to an issue before the courts that could place the organisations in an unfavourable position Minutes on proceedings or discussions about any closed Board, Committee or management meeting Any information or data held in the personnel files of employees pertaining to salaries, benefits or performance and any information provided by an employee in confidence to the Organisation. 5.4 Staff Communications The objectives of the Staff Communications policy are to: Communicate the WDA strategy and vision, mission and goals Ensure that all employees are made aware of the operational policies and procedures that affect them Ensure that employees are well informed on all matters affecting them and also on the organisational business Encourage feedback regarding the work environment from staff Respond to matters arising from staff meetings, discussion forums, attitudes surveys, individual correspondence, etc It is the expectation of the Public Relations and Marketing Officer of WDA that the internal communications system is designed and administered in a manner that it: Provides accurate, relevant and timely information relative to each employee’s responsibilities, enabling them to fulfil the Organisation’s expectations about ‘Quality Service’ File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 100 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Supports the development and maintenance of an open, co-operative and innovative organisational culture Effectively communicates appreciation and recognition by Board and Management of individual and collective initiatives of staff contributions to the success and strength of the Organisation Encourages all staff to communicate ideas and concerns with assurance that they shall be accepted in a positive and supportive manner Any staff that uses a communication channel which does not promote these objectives including use of anonymous letters, rumour mongering, is in breach of policy and shall be subject to appropriate sanctions up to and including dismissal. 5.5 Responding to Requests for Information In order to ensure that correct and factual information is provided in response to requests for specific information, the following guidelines shall apply: All Heads of departments/ Sections and staff are encouraged to use discretion and to ensure that others do not interpret any personal observations about the Organisation’s operations as official policies or positions. A. For potentially sensitive or controversial matters: The Chairman of the Board or designate shall be the official spokesperson on matters relating to WDA board policy or action The Public Relations and Marketing Officer or the Director General will be the official spokesperson on all matters relating to the management or operations of WDA. B. Routine customer Queries and Requests for Information Management and staff are authorised to provide information about all products and services of WDA. Clients have access to information about the activities of WDA and TVET. C. Routine Employees Queries and Requests for Information All management and supervisory staff shall respond to all staff queries as soon as a query is raised. 5.6 Communication Channels A. Departmental & Branch Meetings Each department shall have a monthly departmental meeting to ensure all staff members are kept informed of issues affecting the WDA activities, and have the opportunity to discuss issues affecting them and obtain feedback regarding the work environment. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 101 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) B. Operations Manual Volume IV Internal Communication Directories It is the responsibility of the Public Relations and Marketing Officer to maintain and communicate up to date to all staff information on: Internal telephone directory for all staff in the head office and branches including their respective telephone extensions, mobile, home telephone for all staff Name and contact of preferred service providers including travel agencies, banks, courier services, stationery suppliers, and local utility and office services directory. C. Electronic Communications It is the responsibility of the ICT department to develop an electronic communication system for the Organisation and to disseminate information through electronic email systems. D. Notice Boards All departments and branches shall have a Notice Board, which will be used to display items of interest within a department and any latest activities, events news from the Network, the industry, Management, and or the Board. E. Feedback from clients and partners Every staff will be responsible for obtaining as much feedback from clients regarding WDA products, service delivery methods, and complaints or compliments if any. Suggestion boxes shall be placed at accessible positions and they shall be the responsibility of office of Director General to open and regularly give feedback on client’s ant staff complaints. F. Business Cards All Heads of Departments having external contacts may need business cards. These can be arranged through departmental secretary or by contacting the supplier through the Procurement Head of Services. G. Authenticity of documents The originator shall authenticate any document used for communication purposes, by signing it in order to be treated with seriousness by the recipients. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 102 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 6. SALARY STRUCTURE 6.1 Policy It is the Organisation’s policy to ensure that all permanent staff are paid salaries according to WDA approved structure. In case of projects, Staff will be paid according to the approved structure and budget for the project 6.2 Staff Allowances A. Staff allowances and reimbursable expenses These are as described in the respective sections of this policy manual. i. Staff Per-diem In Country If an Employee Travels away from the duty station and stays away from home (in country) over-night on official duty he/ she is paid a per diem per night. Such an allowance shall have prior approval of the Director General. (Refer to the Ministerial Statement 003/08/10/min of 01/09/2008) Out of the Country If an employee is out of the country on official duty/ business he/ she has his/ her subsistence expenses paid. This covers accommodation, meals and laundry. (Refer to the Ministerial Statement of 005/08/10/min of 01/09/2008) ii. Day Allowance Whenever an employee is required to work or travel away from his/ her normal duty station or areas but within the country on official duty, he/ she is paid nonaccountable out-of-pocket allowance. (Refer to the Ministerial Statement 003/08/10/min of 01/09/2008 & to the Ministerial Statement of 005/08/10/min of 01/09/2008) Official Travel Expenses An employee is reimbursed the travel expenses incurred while on official duty at the public taxi or bus fare rate. 7. GRIEVANCE HANDLING 7.1 Policy WDA’s policy is to foster an environment where hostility and harassment are unacceptable behaviors in the workplace and where individuals are confident enough to bring grievances or complaints without fear of ridicule or reprisal. The responsibility to challenge all forms of negative work environments including harassment and for upholding personal dignity lies with all staff members. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 103 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 7.2 Operations Manual Volume IV Procedures A grievance is any complaint, grief or pain sustained by an employee as a result of something that has been done or has neglected to be done by the organisation or another colleague. In the event of bringing a grievance forward to Management and/or the Board, the following procedure shall be followed: i. Staff member shall initially discuss the matter with the immediate supervisor. ii. In the event that this is inappropriate, or it does not lead to a resolution, then the staff member shall discuss the issue with the Director General. iii. If the issue remains unresolved and it is a matter of sufficient importance to warrant the interest of the Board, then the issue shall be submitted to the Board on the following basis: The matter shall be put in writing by the staff member through the Director general The responses of the Director General shall be submitted in writing to the Board. Upon consideration of the details and responses, the Board Chair may consider it appropriate for the staff member to be interviewed by the Chairperson Personnel committee, and/or the whole committee who then may brief the Board chairman where it needs intervention. 7.3 Objectives of Grievance Handling i. To give employees the freedom to challenge unfair and inconsistent actions of the institution, as well as any action which is in contradiction to the Conditions of Service ii. To provide an appropriate process through which grievance can be redressed. 7.4 Harassment at Work Harassment takes many forms, occurs on a variety of grounds and may be directed at one person or groups of people. In general terms it can be described as unwanted behavior, which the institution finds intimidating, upsetting, embarrassing, humiliating or offensive. Harassment and bullying range from extreme cases such as violence, to less obvious forms such as ignoring someone. Whatever the form, it is unwanted behaviour that is unwelcome and unpleasant. Any form of intimidating behavior should be taken seriously because it can lead to under-performance at work and perpetuate an unpleasant working environment. In many cases it is sufficient for the person who has been harassed to raise the problem with the perpetrator, pointing out the unacceptable behavior. However, if an employee finds this difficult or embarrassing the advice of the Head of the HR Unit shall be sought. 7.5 The Right to be heard Every member of staff has a right to present their grievance and to be heard. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 104 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 7.6 The Rule of Confidentiality Any discussions with staff making a complaint shall be treated in strictest confidence. 7.7 Outcome of Grievance Handling After investigations and/or grievance handling meetings, any employee found to have contravened any WDA policies or regulations shall be subject to appropriate disciplinary action. 8. PERFORMANCE APPRAISAL 8.1 POLICY The future growth and success of WDA is founded on the commitment, competence and professionalism of staff and the way in which they are managed. Appraisal is central to this process. In order to achieve the aspirations for the organisation, objectives shall be set, and then progress reviewed against these objectives. 8.2 The Purpose of Performance Appraisal The purpose of Performance Appraisal is to continually improve the performance of the Organisation, underpinning its ability as a learning organisation. The aim is to improve the management and development of WDA through promoting cohesion between the individual staff’s performance and the organisational goals and enhancing the quality of the employee’s work by: Recognizing their achievements Providing feedback, support and challenge Identifying training that addresses their own and Organisational needs Planning ways to enhance their skills and improve their performance Determining, where appropriate, an agreed change of role and responsibilities Making a contribution to the process of salary review. 8.3 8.4 The objectives of Appraisals are: To establish a dialogue between employees and managers/ supervisors to review business accomplishments, determine areas of competencies and areas for improvement and to establish goals for the coming year To review and update Job Descriptions To provide a working document of planned goals/ objectives that will be used to measure related performance throughout the year by both employees and supervisors To provide a tool to identify staff development needs To provide employees and supervisors with the opportunity to discuss career development plans. Responsibility for the Appraisal Process File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 105 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV A. Individuals: Each and every employee is responsible and accountable for his or her own performance and development. To reflect this, everyone shall have "full participation in the appraisal and development process" as one of his or her objectives. A. Departmental Heads: Heads of Departments shall: Encourage the training and development of their staff Hold regular meetings with staff either in a group or individually Communicate to their staff about any relevant regulations, policies etc. and make sure that they are followed by providing the necessary directions and explanations Inform their superiors regularly and without prejudice about the capabilities, performance and the overall behavior of their staff. Staff shall be regularly informed of their superior’s opinion about their work, both formally through the Appraisal Process and through feedback as part of normal managerial good practice, so that they can improve their performance and progress as quickly as possible. Managers shall be appraised partly on their ability to run effective performance review processes with their own staff B. Human Resource Unit: The Human Resource Unit is responsible for facilitating the administration and coordination of the performance management process in consultation with the Director General who will take the final decision basing on the self appraisal and supervisors reports. C. Review Periods The Appraisal process shall start during the probationary period. Full Appraisals shall normally be carried out annually in November, with a less formal interim review every six months or more often if necessary. The review of performance shall be a continual process, as part of good managerial practice, and not something that only happens as a result of a specific event. D. Confidentiality of Assessment Information The information obtained and recorded during an Appraisal shall be treated as confidential to the two parties concerned. The member of staff shall have a copy of their review. The Human Resources Department will also hold a copy in confidence. Access shall be allowed to the Director General and, in exceptional situations, the Board without any prior discussion or agreement with the staff member. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 106 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV The Head of Human resources shall be responsible for filing the forms in a safe and confidential way. E. Managing Disagreements In the event of a disagreement over performance issues that cannot be resolved, either party has the right to involve the Human Resource Unit and the Director General. F. Components of the Appraisal Process i. The Appraisal Cycle Process Briefing Meeting Self Appraisal Supervisors Appraisal Appraisal Interview Supervisor discusses with his/her Department Head People volved Purpose Timing Outcome To explain the process to the employee - only required prior to the first Appraisal. This can be done by the supervisor or the Human Resource Officer. At least two weeks before Appraisal Interview Employee understands the process and completes Section I of the Appraisal form with the supervisor E Employee completes the Self Appraisal section of the Appraisal Form To be completed at least one week prior to the Appraisal Interview S The supervisor then completes the Performance Appraisal section of the Form Prior to the interview Employee evaluates their own performance, achievements, learning points and development objectives Supervisor evaluates the employee’s performance, achievements, learning points and development objectives S and E in- S and E Interview to discuss the Appraisal Form November supervisor and employee discuss employees performance, areas of achievement, areas for improvement, objectives for the next year and development needs S + DH Discussion of any areas of disagreement, outstanding issues Confirmation that supervisor's Head accepts the final recommendations in line with Organisational needs. Review of supervi- Within 1 week of Appraisal Interview Completion of process and confirmation of acceptance of outcome File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 107 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Distribution of completed Form S to E DAHR + sor's own management of the Appraisal process DAHR shall then evaluate training needs and retain file in confidential HR records. Any changes in job description should be reported to the DAHR Operations Manual Volume IV Within 1 week of completion Completion of process Legend: S- Supervisor; E- Employee; DH- Departmental Head; DA HR- Director Admin and HR ii. The Approach The most successful approach to Performance Appraisals is founded on the principles and skills of development. The developmental approach is most successful when it is balanced and both reviewer and employee can gain from the meeting. iii. The Self and Manager Appraisals Preparation is a crucial factor in determining the value of the Appraisal. At least one week before the Appraisal Interview the employee shall complete a self-assessment exercise, using the relevant section of the Appraisal Form. The employee shall give the Appraisal Form to the supervisor, who would complete their section of the form and inform the employee to prepare for the Appraisal Interview. iv. The Appraisal Interview The annual Appraisal is at the center of the Performance Management process. It should cover the areas agreed at the initial meeting and thereafter cover the agreed areas of importance from the previous performance or interim review. The review is a genuine dialogue that provides greater depth of understanding and real discussion that focuses on actions and decisions. v. The Appraisal Form The Appraisal Form can be found in Appendix N. This single form contains all the documentation related to the process - and has four parts: Section A: Self-Assessment Section B: Supervisors Appraisal Section C: Job Description Review Section D: Overall Assessment/ Review of Potential File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 108 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV G. The Progress Meeting It is essential that there is a regular exchange of views between supervisor and employee at least once a month. Performance Appraisal is a continuing process throughout the period and not a practice to be carried out only once or twice a year. H. The Interim Review The purpose of the Interim Review is: To review individual and organisational progress against objectives agreed at the Appraisal meeting To consider whether the objectives are still appropriate and what actions must be taken by the reviewer and WDA to assist in their achievement To consider, where appropriate, the usefulness to date of any training undertaken since the Appraisal meeting or potential future training To provide the opportunity for the employee to raise any particular issues relating to their work To consider the development needs of the employee. I. Success Criteria Reviews are likely to be successful when: Both parties are: Focused on the overall objectives of the Appraisal Participating in a "helping approach" Able to formulate SMART (Specific, Measurable, Achievable, Time related) objectives Well prepared and informed J. Performance Appraisal Both of Probationary and normal appraisal will be guided by the government work performance evaluation Management template for professional and expert jobs. 9. DISCIPLINARY POLICY & PROCEDURES 9.1 Policy The disciplinary policies and procedures are to be invoked only when informal means of corrective action have failed to bring about improvements in the expected standards from individual employees. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 109 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 9.2 Operations Manual Volume IV Objectives Disciplinary action is meant to, as much as possible, be of corrective nature. Anyone taking such action shall, therefore, try to correct the action(s) of the employee to make him /her a productive member of staff. Without prejudice to any criminal or civil liability, an employee shall be liable to disciplinary action if s/he commits an offence. If disciplinary action is to be taken against any employee, it should: Be undertaken only in cases where good reason and clear evidence exist; Be appropriate to the magnitude of the offense that has been committed; Be demonstrably fair and consistent with previous action in similar circumstances; Only take place when the employee is aware of the standards expected of him or her, and the rules and regulations s/he is required to conform to; Allow employees the right of appeal against any disciplinary action. It is in the interest of WDA to document and communicate fair and consistent policies and procedures for dealing with breaches of discipline and breaches of the Organisation Code of Conduct. The aims of the disciplinary action and procedures are, to: Ensure that all employees adhere to the Organisation Code of Conduct and maintain performance-oriented standards and attitudes Support the implementation of the performance appraisal policy and achievement of the annual objectives of WDA Encourage staff to work and achieve required and acceptable performance objectives and standards Ensure that breaches of discipline or cases of under-performance are addressed promptly and consistently. 9.3 Categories of Offenses & Appropriate Disciplinary Action An employee shall render himself/ herself liable to disciplinary action under these policies and procedures if s/he commits any of the following offences: A. Category 1 Offences 1. 2. 3. 4. 5. Habitual late-coming to work, absenteeism, and or early departure from work Use of abusive, loose and offensive language. Being lazy and sleeping during working time. Poor work performance Failure to observe safety precautions for self, others, and company property. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 110 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 6. 7. 8. 9. Absence from duty for 1 day without permission or reasonable excuse Causing disturbance to fellow workers. Leaving work place without permission or reasonable excuse. Being involved in gossiping during working hours i. Disciplinary Action for Category 1 Offences Verbal warning by immediate supervisor Withhold pay for day(s) absent Any lack of improvement is communicated to the employee The employee must make a commitment to improve Written warning copied to the HR, and Department Head if the offence is repeated B. Category 2 Offences 1. Repeating any of Category 1 offences after being given verbal warning. 2. Absence from work 2 or 3 consecutive days without permission or reasonable excuse. 3. Refusing, neglecting or omitting to perform any of assigned duties. 4. Refusing or neglecting to obey instructions and to obey regulations 5. Abuse or misuse of company assets and resources 6. Insubordination to superiors, i. Disciplinary Action for Category 2 Offences Written warning by the Director General and copied to the personal file Withhold/ deduct salary pay for days not worked Discussion with employee Employee must give a written commitment to improve. C. Category 3 Offences: 1. Repeating any of Category 2 offences after being given a written warning. 2. Absence from work for more than 3 consecutive days without permission or reasonable excuse. 3. If, without written permission of the Director General, the employee collects money from the public other than in the course of his/ her official duties. 4. If the employee uses his/ her position in the organisation for selfish personal gain or advancement of own selfish interests. 5. If the employee is guilty of gross misconduct or negligence. 6. If the employee uses his/ her position in the organisation to spread malicious rumors or create conflicts, disrepute and discredit. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 111 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 7. If, by any act or omission, the employee conducts himself in a manner prejudicial to the proper performance of any of his duties or in conflict with the core values of WDA or unfitting of an employee of the organisation. 8. If the employee is under the influence of intoxicating liquor or habit-forming drugs during and after the normal hours of work. 9. If the employee sexually harasses other employee(s) i. Disciplinary Action for Category 3 Offences Suspension without pay. Investigation Corrective action including facing a disciplinary committee D. Category 4 Offences 1. 2. 3. 4. 5. 6. 7. 8. Repeat of category 3 offences Poor work performance despite training and other support given Poor attitude towards work and Organisation rules and procedures Breaches of the Organisation’s Code of Conduct Bullying or harassment of colleagues, subordinates and customers Disclosure of confidential information to third parties other than those authorized Willful damage to the Organisation’s property Theft or embezzlement of organisation/clients funds or falsification of Organisation records and data, forgery. 9. Threatening behavior or physical violence towards colleagues, subordinates and customers 10. Serious act of negligence which causes unacceptable loss, damage or injury 11. Serious act of insubordination toward immediate supervisors 12. Conflict of interest 13. Prolonged absence from work without permission 14. Condoning or conniving with other employee(s), client(s), and others to willfully cause loss to the company 15. Conviction on a criminal charge i. Disciplinary Action for Category 4 Offences: Suspension without pay if the case requires investigation; Summary Dismissal without notice and benefits; Prosecution if the offence is criminal. Where an employee who has been suspended from duty is acquitted or discharged by a court of law, the Head of Department shall as soon as possible, thereafter, prepare a report for File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 112 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV consideration and decision by WDA Management. Nothing in this regulation shall stop Management to order the dismissal of an employee who has been on suspension, notwithstanding the fact that the employee has been acquitted by the court, if Management is of the view that the continued employment of such a person would prejudice or compromise the public interest and image of the organisation or affect employees' performance. 9.4 The Disciplinary Process A. Informal Stage WDA policy in disciplinary situations is to encourage improvement in the employee’s conduct, job performance, attendance or other performance issues. Provided that the issue does not constitute gross misconduct, the employee is asked to attend a meeting with their supervisor, during which the informal warning is given. If serious misconduct is involved, the procedure follows a formal process as outlined below. B. Formal written warning Where there is no immediate improvement in the employee’s performance or behaviour, after further discussion, a specific period for improvement is given in a written warning at this stage by the immediate supervisor. C. Formal Written Warning If there has been no improvement in the employee’s performance or behavior once the specified time allocated has elapsed, a formal interview takes place between the employee and the immediate supervisor in the presence of the Human Resource Officer. The member of staff is given a further specific period in which to improve, which is confirmed in written warning by the Human Resource Officer, copied to the Director General. The employee is told that failure to achieve a satisfactory improvement may render him/her liable to dismissal. F. Final Written Warning If there is still no improvement in the employee’s performance or behavior once the specified period has expired, the employee is interviewed by the Disciplinary Committee that constitutes the Director of Administration and HR, Director General and the Head of Department under whom the employee serves. At this interview, the employee is informed verbally of the intention to dismiss him/her unless there is immediate improvement in the areas under review. The Director General confirms this intention, which becomes a final warning, in writing. Note: File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 113 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 1. Written warnings are put on an employee’s personal file. 2. The above procedures apply where the act does not amount to gross misconduct leading to suspension or summary dismissal. 3. Warnings are not carry forward material. G. Disciplinary Investigations The Internal Auditor not connected with the employee or the department concerned carries out investigations. During the investigation, the employee(s) are invited to take paid leave of absence so that they are unable to access information, records or other employees and relinquish all financial control (where this is applicable) until such time as the investigation is complete. H. Dismissal In the event that the shortcoming has not been resolved within the timeframe set in the final written warning, the employee shall be dismissed. Where a notice period is required, Management reserves the right to pay in lieu of notice, if the Director General deems this more appropriate. I. Instant Dismissal Cases of gross misconduct will result in the employee’s immediate dismissal without notice. Instances constituting gross misconduct include, but are not limited to: Disclosure of confidential information to third parties Willful damage to property Theft, fraud or falsification of records Intoxication by alcohol or drug abuse Threatening behavior or physical violence Serious act of negligence which causes unacceptable loss, damage or injury Serious act of insubordination Serious conflict of interest Serious acts of harassment Persistent non performance of responsibilities and duties Spreading malicious rumors Spreading genocide ideology Management also reserves the right to summarily dismiss an employee who commits a criminal act. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 114 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV In some cases WDA may require time to carry out an investigation, in which case, the employee may be suspended on full pay. Upon completion of the investigation, the employee is asked to attend a meeting with the Director General and the Human Resource Officer, where the opportunity is given for the employee to state his/her case. The employee may be accompanied by a colleague and can present evidence or provide witnesses during the course of the interview. If there is sufficient justification, the employee shall be dismissed. J. Employee Rights Before any disciplinary procedure and actions are implemented and at all stages of the disciplinary procedure and process, the disciplining manager and the Human Resource Officer must ensure that the individual employee is made aware of his/her rights as follows: Right to be accompanied. The employee must be given sufficient time in which to arrange representation if required or a colleague who may fully participate in the disciplinary proceedings at all stages. Right to be advised of the complaint against them. The employee must be given the opportunity to state his/her side of the case, together with mitigating factors, which may affect the final disciplinary decision or otherwise Right of Appeal: If the employee potentially being disciplined is dissatisfied with the outcome of any stage of the disciplinary process, the employee has a right of appeal to a Manager not previously involved with the disciplinary interview process within14 days of being advised of the disciplinary decision in writing. K. The Right of Appeal against a Disciplinary Decision Once the outcome of a disciplinary investigation/discussion has been made, the employee is entitled to appeal against the decision. The most senior manager of the function hears the appeal. At appeal, a disciplinary penalty could be reviewed but not increased. The appeal decision must also be confirmed to the employee in writing. 10. SEPARATION FROM SERVICE 10.1 Policy WDA aims to retain all capable staff and therefore all options to avoid termination of service of capable staff will be investigated prior to invoking the termination policies and procedures described in this section. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 115 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV All employees are employed on the basis of an employment contract and various conditions may cause such a contract to be ended by either the staff member or the Organisation. A contract may be terminated under the following circumstances: 1. Resignation 2. Involuntary Termination 3. Redundancy 4. On grounds of ill health, as advised by a medical officer appointed by the Organisation 5. As a result of early retirement 6. Any breach of the Contract or Code of Conduct. 7. On expiry of the contract period for employees on contract terms of employment. 8. On clocking 65 year mandatory retirement age in case of Civil servants 10.2 Resignation (Voluntary Separation) by the Employee Any employee who wishes to resign voluntarily from WDA must discuss his/her decision with the Supervisor or the Human Resource Officer and fulfill the following requirements in order for the resignation to be accepted. 10.3 Advance Resignation Written Notice A Staff member who wishes to resign from employment of WDA shall have to give appropriate notice in accordance with his/her contracts of appointment. The resignation notice shall be submitted through his/her immediate Supervisor. This shall be approved by the Director of Administration and Human resources. Under normal conditions, no clearance shall be issued for resignations filed without the required resignation notice. If any staff fails to give the notice in writing within the timeframe as required, he/she shall pay in lieu of notice an equivalent of the period requirement. 10.4 Clearance of Accountabilities After filing the written notice of resignation and prior to the effective date of resignation, a staff member must clear all accountabilities and other responsibilities with the Organisation. All company properties, documents including an identity card, records and other assets in the staff member’s custody must be surrendered to WDA not later than one day immediately preceding the effective date of resignation for the issuance of clearance. 10.5 Use of Annual Leave Credits In normal conditions, annual leave credits shall be commuted to their cash value if the resigned staff member(s) has served for at least one year. However, an employees’ annual leave File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 116 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV credits may also be used to form part of the provided for notice that this is endorsed and recommended by the immediate Supervisor with approval from the Department Head. In situations where a resigning employee’s position is Supervisory and/or Managerial, endorsement and recommendation by the concerned departmental head with approval of the Director General must be undertaken. 10.6 Termination (Involuntary Separation) of the Employee Termination of employee’s employment services is to be invoked only when informal means of corrective action have failed to bring about improvements in the expected standards from individual employees. This means that WDA shall terminate employee services in cases of non-performance, or breach of contract and code of conduct, etc as specified in the employee’s contract, or statutory notice. The organisation will terminate employee services after all the alternatives have been investigated, or if there are serious resource constraints or other causes beyond the control of the Organisation. In this case, WDA shall also meet a similar notice period requirement as applied in the different staff contracts or pay them in lieu of notice. No termination will be effected for an employee on maternity leave. 10.7 Termination without Notice When an employee is in breach of the terms of contract or Code of Conduct, or commits a serious offence, WDA may terminate the contract immediately without giving notice or any compensation in lieu as specified in employee contract, or statutory notice. 11. OCCUPATIONAL HEALTH, SAFETY AND SECURITY 11.1 Health and Safety Policy It is WDA’s policy to take all necessary steps to ensure the health and safety of our staff and of all visitors to the premises. At the same time, all employees have a duty to take reasonable care regarding their personal health and safety and of their colleagues at work. WDA is committed to maintaining and improving the work environment so that it is safe and healthy for all staff, contractors and visitors by: Complying with the national Occupational Health and Safety legislation, relevant standards and codes of practice and the Workers Compensation Act Providing adequate facilities and amenities for the welfare of employees at work Investigating all serious injuries and illnesses. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 117 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Employees are responsible for ensuring that their work area is safe by: Reporting all injuries and illnesses at work to their Supervisor or Human Resource Office Unit. Reporting potential hazards and unsafe environments to the Human Resource Unit and taking care not to expose anyone to danger. 11.2 Security Policy for staff It is recognized that staff of WDA need to be protected from any dangerous situations at the place of work. Security guards will be stationed at all offices of WDA to provide security. All staff must follow security procedures in keeping their valuable assets and those of the organisation. Any insecurity incident must be reported to the Director General of WDA who may also report it to nearest police station for further investigation. 11.3 Personal Accident Insurance All WDA employees will be provided with insurance scheme upon hiring which will cater for injuries or disability, permanent injury, or death of an employee. 11.4 Equal Opportunities & Gender Equity WDA is an equal opportunities employer and offers equality of opportunity to all its employees, regardless of race, gender, disability, political persuasion, or other prejudice. We affirm that gender equity strengthens the institution because it makes it possible to embrace a wider range of thinking and action in decision-making. In this respect, WDA, will monitor and assess progress in the area of creation of equal opportunities and gender balance and equity, and will re-examine the effectiveness of its policies and programmes on a regular basis. The objectives of the Equal Opportunity and Gender policies are to: Provide equal opportunities for employees in respect of access to job opportunities, training and promotion Provide a working environment free from unlawful discrimination Minimize and manage reputation and legal risks due to legislation covering equality of treatment Employ a workforce which reflects the diverse community at large Treat all employees with dignity and respect. 11.5 DUTIES OF THE LEGAL ADVISOR File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 118 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 11.6 Operations Manual Volume IV Review all the drafted contracts and MoUs and ensure that institution’s interests are protected to avoid any kind of loss; Review all legislations that have an impact on the institution and its activities and make recommendations; To act as the organisations Counsel and to represent the organisation on legal issues including representation in the courts of law. To act as adviser to Board and management on legal related issues especially when the organisation is entering into any legal relationships with third parties such as contractors. To draw up all contracts of the organisation including staff employment contracts. To ensure the safety of all the organisations legal documents and securities pledged for the loans by the members. To Review and update Policy and procedure manuals. To update management on Legal issues. Follow up legal proceedings where the institution may be involved; DUTIES OF THE INTERNAL AUDIT DEPARTMENT. Managing and coordinating institution’s Audit Function; Develop document, implement, test, and maintain a comprehensive internal audit plan and system of internal controls. Examine financial transactions for accuracy and compliance with institutional policies and applicable laws and regulations Identify, assess, and evaluate the institution’s risk areas; make appropriate recommendations for improved internal controls and adequacy To Provide assurance that applicable laws, regulations and institution policies and procedures are complied with judiciously. To conduct periodic audits and review of all financial aspects of the s operations. To produce monthly Management Reports and Compile Quarterly Reports to the Board. To perform daily checks on the financial transactions and software operations. To develop and update audit programmes and check lists. To ensure that accepted accounting and audit principles and polices are followed; and evaluate whether international accounting procedures are followed. To advise Heads of departments on the proper keeping of books of accounts and the stock. Facilitating financial and operational procedures to ensure value for money To ensure s annual accounting and reports are prepared in accordance with the Generally Accepted Accounting Principles and they reflect reality . File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 119 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 11.7 DUTIES OF PROCUREMENT DEPARTMENT. To plan, coordinate, manage and implement the procurement and disposal function of the L institution Advise Management on procurement best practices Define and manage procurement plan and monitor its execution Prepare tender documents; Supervise the preparation of contracts in collaboration with legal officer Ensuring necessary procurement documentation including keeping related records Developing appropriate systems, procedures and guidelines Submitting statutory and management reports as specified in the procurement regulations Managing the disposal of assets in accordance with the laws and regulations of the government Assist and mentor user departments in implementation of procurement issues Ensure adequate contract execution in collaboration with beneficiary unit Receipt and safe keeping of bids and related data Responsible for the full purchasing process; To guide the tender committee on procurement and disposal of the organisation’s assets Summarize information for making report concerning procurement. Maintaining a list of pre-qualified suppliers for the whole range of the initiatives goods, services and works, including initiating the recruitment and selection of suppliers in accordance with procurement guidelines. Proposing evaluation committees for Tender committee approval Communicating with suppliers in matter relating to placement of orders, and preparing response to inquiries from bidders Managing the procurement requirement , including compiling annual and quarterly reports, preparing terms of reference and scope of work for procurement requirements, preparing bid documents, issuing LPO’S, receiving and opening bids, coordinating evaluation of bids and submitting reports to the tender committee. Planning, budgeting and controlling of the resources of the Procurement Secretariat; Enforcing conformity with Government procurement regulations; Putting in place an effective and efficient procurement system; Evaluating procurement requirements and recommending the most appropriate procurement procedure; Providing timely and accurate secretarial services to the Procurement and Contracts committee; Training and developing members of the Contracts Committee and staff of procurement secretariat; File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 120 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 121 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV ANNEX 1: SAMPLE PROCUREMENT PLAN I. General 1. 2. 3. Bank’s approval Date of the procurement Plan [Original: …..]: Revision of Updated Procurement Plan, ……] Date of General Procurement Notice: Period covered by this procurement plan: II. Goods, Works and non-consulting services 1. Prior Review Threshold: Procurement Decisions subject to Prior Review by the Bank as stated in Appendix 1 to the Guidelines for Procurement: Procurement Method 1. ICB and LIB (Goods) 2. NCB (Goods) 3. ICB (Works) 4. NCB (Works) 5. (Non-Consultant Services) Prior Review Threshold US$ Comments [Add other methods if necessary] 2. Pre-qualification. Bidders shall be prequalified in accordance with the provisions of paragraphs 2.9 and 2.10 of the Guidelines for Procurement of Goods, works and NonConsultants Services, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers, January 2011 3. Proposed Procedures for CDD Components (as per paragraph. 3.17 of the Guidelines for Procurement of Goods, works and Non-Consultants Services, under IBRD Loans and IDA File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 122 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Credits and Grants by World Bank Borrowers, January 2011. : [Refer to the relevant CDD project implementation document approved by the Bank or delete if not applicable] 4. Reference to (if any) Project Operational/Procurement Manual: 5. Any Other Special Procurement Arrangements: [including advance procurement and retroactive financing, if applicable] Summary of the Procurement Packages planned during the first 18 months after project effectiveness (including those that are subject to retroactive financing and advanced procurement) 6. [List the Packages which require Bank’s prior review first and then the other packages] 1 Ref. No. 2 Description 3 4 EstiPackages mated Cost US$ million 5 Domestic Preference (yes/no) 6 Review by Bank (Prior / Post) 7 Comments Summary of the ICB (Works) Summary of the ICB (Goods) Summary of the NCB (Works) Summary of the NCB (Goods) Summary of the ICB (NonConsultant Services) III. Selection of Consultants 1. Prior Review Threshold: Selection decisions subject to Prior Review by Bank as stated in Appendix 1 to the Guidelines under IBRD and IDA Credits related to Selection and Employment of Consultants, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers. January 2011. Selection and Employment of Consultants: File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 123 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) S/No Selection Method Operations Manual Volume IV Prior Review Threshold Comments 1. Competitive Methods (Firms) 2. Single Source (Firms) 3. Individual 2. Short list comprising entirely of national consultants: Short list of consultants for services, estimated to cost less than $_100,000_equivalent per contract, may comprise entirely of national consultants in accordance with the provisions of paragraph 2.7 of the Consultants Guidelines. Any Other Special Selection Arrangements: [including advance procurement and retroactive financing, if applicable or delete if not applicable] 3. 4. Consultancy Assignments with Selection Methods and Time Schedule 2 Ref. No. 3 Description Estimated of Assign- Cost ment US$ million Summary of number of contracts that will be let under QCBS Summary of number of contracts that will be let under other methods 4 5 6 Packages Review Comments by Bank (Prior / Post) CQS File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 124 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV ANNEX 2: DETAILED PROCUREMENT PLAN I. General 1. Project information: a) Country : b) Borrower : c) Project Name : d) Loan/Credit No. e) Project Implementing Agency (PIA) : 2. Bank’s approval Date of the procurement Plan Revision 1… 3. Date of General Procurement Notice: 4. Period covered by this procurement plan: II. Goods and Works and non-consulting services 1. Prior Review Threshold: Procurement Decisions subject to Prior Review by the Bank as stated in Appendix 1 to the Guidelines for Procurement: [Thresholds for applicable procurement methods (not limited to the list below) will be determined by the Procurement Specialist /Procurement Accredited Staff based on the assessment of the implementing agency’s capacity. Goods, Works and Non Consulting Services No Procurement Method 1 2 3 4 5 6 7 8 ICB (Goods) LIB (Goods) NCB (Goods) Shopping (Goods) ICB (Works) NCB (Works) Shopping (Works) ICB (NonConsultant Services) Threshold in US Dollars Prior Review Thre- Comments shold in US Dollars . File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 125 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 2. Operations Manual Volume IV Procurement Packages with Methods and Time Schedule *List the Packages which require Bank’s prior review first and then the other packages] 1 2 3 Ref. No. Contract Esti(Descrip mate tion) d Cost 4 5 Procure- Prement qualification Method (yes/no ) 6 7 8 9 Domestic Preference (yes/no) Review by Bank (Prior / Post) Expected BidOpening Date Comments 1 2 3 4 5 Etc 3. 4. 5. 6. 7. 8. Prequalification. Bidders for complex works and goods shall be prequalified in accordance with the provisions of paragraphs 2.9 and 2.10 of the Guidelines for Procurement of Goods, works and Non-Consultants Services, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers, January 2011 Proposed Procedures for CDD Components (as per paragraph. 3.17 of Guidelines for Procurement of Goods, works and Non-Consultants Services, under IBRD Loans and IDA Credits and Grants by World Bank Borrowers, January 2011 [Refer to the relevant CDD project implementation document approved by the Bank]. Reference to (if any) Project Operational/Procurement Manual: Any Other Special Procurement Arrangements: Procurement Packages with Methods and Time Schedule III. Selection of Consultants 1. Prior Review Threshold: Selection decisions subject to Prior Review by Bank as stated in Appendix 1 to the Guidelines Selection and Employment of Consultants: Selection Method 1. 2. 3. 4. 5. 6. Ceiling Prior Review Comments Threshold QCBS QBS LCS CQS SSS IC File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 126 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 2. Short list comprising entirely of national consultants: Short list of consultants for services, estimated to cost less than $100 000 _______equivalent per contract, may comprise entirely of national consultants in accordance with the provisions of paragraph 2.7 of the Consultant Guidelines. 3. Any Other Special Selection Arrangements: including advance procurement and retroactive financing, if applicable 4. Procurement plan with Selection Methods and Time Schedule *List the Packages which require Bank’s prior review first and then the other packages+ 1 Ref. No. 2 Contract (Description) 3 Estimated Cost 4 Selection Method 5 Review by Bank (Prior / Post) 6 Expected BidOpening Date 7 Comments 1 2 3 4 5 Etc IV. Implementing Agency Capacity Building Activities with Time Schedule 1. In this section the agreed Capacity Building Activities (some items could be from Use of Country System recommendation) are listed with time schedule No. Expected outcome Estimated / Cost Activity Description Estimated Du- Start Date ration Comments File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 127 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV ANNEX 3: ADDITIONAL ADMINISTRATIVE REGULATIONS 1.1 Staff Travel Included in HR policies and regulations? 1.2 Communication Facilities General Telephones, fax and emai1 facilities are provided solely to enable staff to communicate in order to carry out their work in an efficient and cost effective manner. Local Phone Calls Calls should normally be made to land-line numbers in preference to using mobile numbers as calls to mobile numbers are charged at a higher rate than land-line to land-line ones; Mobile numbers should only be called as a last resort. International Phone Calls No international calls should be made without the prior approval of the Project Director or TA Team Leader. All international calls and faxes should be recorded in the international telephone call record file maintained by the Secretary. Information recorded includes: date; name of caller, destination country and number; purpose and approximate duration of the call. The duration of each call should be as short as possible, not only to minimise the cost of each call but also to allow access to the line for other outgoing and incoming calls. Private Communications (The private use of the office telephone is prohibited except for emergency cases only. Staff should use their own mobiles for any personal calls. The use of office computers for sending and receiving personal email messages is also prohibited. All staff is expected to show a responsible attitude and to observe the above procedures. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 128 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) 1.3 Operations Manual Volume IV IT/MIS Policy 1.3.1 Computer Use IT hardware must be treated with care and used only in accordance with the proper operating instructions. Any apparent fault with hardware should be reported promptly to the MIS Advisor and Manager. Employees may not move any hardware from its place without prior approval from the MIS Advisor and Manager. This is including printers, computer and/or any other devices. Employees may not provide sensitive technical information about TVET’s MIS services to any non-TVET employee without permission from the MIS Advisor and Manager. Such information includes, but is not limited to: network IP addresses, e-mail directory, all firewall related information, location of network equipment and passwords. If you are not sure whether the information you are about to provide is considered sensitive, please contact the MIS Advisor and Manager for verification. Users must not by any deliberate or careless act or omission jeopardize or seek to jeopardize the integrity of any IT equipment, and/or its software and/or any information stored within it and/or accessed through it. Users must not access and/or attempt to access any IT equipment, software and/or data which they are not properly authorized to access. In particular, the confidentiality of data belonging to other users must be respected. Users must not install or execute on a TVET computer any software obtained from a third party source, unless such software has been previously checked and cleared of the presence of malicious software by the MIS Advisor and Manager. Even though, the installation should be handled by MIS Advisor and Manager only. TVET users must not connect any unauthorized equipment or software to the network without consultation and prior approval from the MIS Advisor and Manager. If the MIS Advisor and Manager has reasonable grounds for believing that any equipment or software may be the cause of unacceptable degradation of the per- File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 129 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV formance of the network detrimental to other users, then the user must cooperate with the disconnection of the equipment or software from the network. Authorized users of the TVET network may not add to or delete any computer software programmes provided by TVET Advisor and Manager. If any additional software is required, a request for such software must be submitted to the MIS Advisor and Manager for evaluation and testing for system compatibility. This must be done prior to any use on the individual workstation or notebook. Computer software settings (desktop wallpaper, color schemes and utilities) may be of the individual user’s choice as long as they do not conflict with any other provision of these guidelines. 1.3.2 Password policy: Each employee should access TVET network using his user name and password. Employees should not disclose their passwords to anyone inside or outside of TVET except when an urgent business demand necessitates providing it to a colleague, or to the MIS Advisor and Manager. The user should change his password as soon as he/ she provides it to any other person for emergency case. 1.3.3 Virus Protection: Files obtained from sources outside of TVET, including diskettes, files downloaded from the Internet and files attached to e-mail, may contain computer viruses that may damage TVET’s network. Employees should never download files from the Internet, open e-mail attachments from unknown sources or use diskettes from non-TVET sources without first scanning the material with TVET-approved virus checking software. All in-house PC’s must run the latest TVET-approved virus protection programme. Please contact the MIS Advisor and Manager with any questions you may have. If you suspect that a virus has been introduced to TVET’s network, you must notify the MIS Advisor and Manager immediately. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 130 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 1.3.4 Internet and Email usage: All business use of electronic mail must be performed on TVET-provided mail systems. Business use of non-TVET-provided electronic mail systems is strictly prohibited. This includes the use of web-based electronic mail (e.g. Hotmail, Yahoo- mail, etc). Use of the Internet or of e-mail to send messages in violation of any of TVET’s other internal policies, including those on Solicitation and Harassment in the Workplace, is strictly forbidden. This includes sending offensive messages, ethnic or racial slurs or any other message that can be construed as harassment or disparagement of others, race, national origin, religion, age, disability, or any other status protected by law. TVET management expects the usage of Internet access primarily for businessrelated purposes. There are limitations to the use of TVET’ systems for nonbusiness purposes, and there are prohibitions on sharing or retrieving certain confidential information. Employees may not use TVET’s Internet connection to download games or other entertainment software or play games over the Internet. Also, employees may not illegally copy from the Internet material protected under copyright law or make that material available to others for copying. Audio, video, and image files require significant storage space; therefore, files of this or any other sort may not be downloaded onto employee’s computer unless they are business-related. 1.4 Use of Cars Responsibility Project cars are made available to meet the transport requirements of project activities and to ensure the smooth progress of work. The Project Director and the Team Leader or any assigned staff is responsible for the allocation and day-to-day management of all cars. Approval All staff must obtain prior consent from the Project Director or Team Leader for every journey they wish to undertake in a project or private vehicle. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 131 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Use of Transport Project cars shall be used, on a pool basis, for the collection and delivery of official mail within Rwanda. They shall also be used to transport project staff during the implementation of project activities. (All full-day trips and extended visits outside Kigali shall be arranged at least two days in advance of requirement Vehicle allocation for long trips will be on a strict and fair rotational basis. During periods of peak transport demand additional vehicles may be rented on a short-term basis, if required Drivers Where possible, each individual vehicle shall be allocated to one specific driver. The driver of each car shall maintain a vehicle logbook. . The logbook must show at least the following details for each individual journey: • Date • Destination or route • Mileage at the start of the journey • Mileage at the end of the journey • Note: ‘official’ or ‘private’ • Driver’s name • Quantity and value of fuel acquisition • Signature of the Project Director / or TL at the end of each page The fuel consumption of every vehicle is to be calculated at the end of a week/month (depending on the deployment of the vehicle) and must be verified by the Project Director. Explanation of variances must be noted. Private use of vehicles needs the authorization of the Project Director/Team Leader. Private use of vehicles has to be indicated in the logbook as line item and invoiced accordingly. 1.5 Correspondence and Document Control 1.5.1 General All incoming and outgoing correspondence (including letters, telefaxes, reports, etc.) shall be recorded in the correspondence register. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 132 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV All official outgoing correspondence regarding PMU must bear the signature of the Project Director, and all official outgoing correspondence regarding TAT must bear the signature of the Team Leader. 1.5.2 Incoming Correspondence All incoming correspondence (letters, fax, etc.) shall be stamped by the Secretary, indicating the date of receipt. The original shall be transferred to the recipient; the copy of the incoming correspondence shall be filed in chronological order. 1.5.3 Outgoing Correspondence All outgoing correspondence shall be given a reference number which shall be shown on the first page. A photocopy of the complete correspondence (i.e. with all annexes) shall be filed in chronological order, see below “Filing System”, marked with the departure date and time. A 'Document Delivery Note' (DDN) should be completed by the Secretary and stamped on all correspondence which shall be hand delivered (normally by drivers or the office assistant) within the Cairo area. At the time of delivery the recipient shall be requested to confirm official receipt by completing and signing the DDN which should then be returned to the Secretary for filing as evidence of safe delivery. All official and personal outgoing international faxes shall be clearly identified in the international calls log book. The cost of all personal faxes and international telephone calls shall be reimbursed to the Accountant as soon as the telephone bill has been received. 1.5.4 Filing System The filing system is intended to help: Improve economic efficiency and quality, Maintain a formally correct filing system. In order to achieve these objectives the system has to be used according the obligatory file structure. Each member of staff is responsible for maintaining the system, filing documents in accordance with the rules. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 133 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV 1.5.5 Electronic and paper files All relevant electronic correspondence (Emails) shall be printed out and filed according the File Structure. 1.5.6 Obligatory file structure The file structure for the SDP/SDF will be specified in the project Orientation and Rules. These rules must be strictly applied. For the PMPU, SDP and SDF, the structure for archiving all paper files and the respective responsibilities will follow but not be limited to the following guideline: Folder Subfolder Explanation Responsibility A. Agreement Is- Subfolders to be added ac- Agreements, Contracts sues cording further requirements SDP Manager B. Correspondence B.1 with WB Includes Meeting B.2 with WDA, Ministries & Agendas, etc. other government agencies Secretary B.3 with external partners PMPU/SDF B.4 with VTCs B.5 with Sub-grant beneficiaries B.6. Others C. Internal C.1 Memos C.2 Meeting Agendas and Minutes C.3 Visit reports C.4 Presentations C.5 Others D. Personnel E. Reports D.1 PMPU/SDP/SDF D.2 VTCs E.1 Regular Secretary PMPU/SDF Files to be concealed Reports Inception, Accountant Quarterly, Secretary File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 134 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV (Monthly, quarterly, bi- etc. annual, annual) including Work Plans E.2 Extraordinary Reports E.3 Monitoring and Reporting E.4 Others Visits, Questionnaires F. Studies F.1 Study [title] F.2 Study [title] F.3 Study [title] PMPU/SDF Including all correspondence associated TA with the particular study G. Workshops, Subfolders to be added ac- Including all correStudy Tours cording further require- spondence associated TA and Seminars ments with the particular matter H. Training Subfolders to be added according further requirements TE I. empty J. empty K. empty PF. Procurement To be filed separately ac- Files to be concealed and Finance cording department’s rules 1.6 Library All information of general interest shall be added in the Library, especially: Books and manuals Directories (of companies, associations, etc.) Brochures Studies, Reports, Research paper, etc. Visit reports, Questionnaires File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 135 of Rwanda Workforce Development Authority (WDA) Skills Development Project (SDP) Operations Manual Volume IV Responsible for the Library shall be KE4. 1.7 Open Share Folder / Intranet At the Open Share Folder on the Server each staff member has one folder for easy data transfer. The folder “Final Documents” contains (read – only) relevant documents (reports, studies, questionnaires, etc.). Intranet and a Project Website will be designed and installed with the assistance of the Directorate of ICT. The persons responsible for the Open Share Folder / Intranet shall be the Director of ICT in WDA. File: om-volume 4 - 06th september.doc Finance Mgmt, Procurement Procedures & Admin Regulations 128 136 of