05:07:02
PURCHASING/CONTRACTING ETHICS
Please refer to
Tennessee Board of Regents Policy No. 4:02:10:00
I. Statement
of Policy
Employees must
discharge their duties and responsibilities fairly and impartially. They also should maintain a standard of
conduct that will inspire public confidence in the integrity of the
institutions and technology centers.
II. General
Standards of Ethical Conduct
A. Any attempt
to realize personal gain through public employment, inconsistent with the
responsible discharge of that public employment, is a breach of public trust.
B. Employees
will base all purchases on the principle of competitive bidding consistent with
policies of the Board and the institution or technology center.
C. Employees
will grant all competitive bidders equal consideration, regard each transaction
on its own merits, and foster and promote fair, ethical and legal trade
practices.
D. Employees
will avoid misrepresentation and sharp practices, and demand honesty in sales
representations whether offered through the medium of a verbal or written
statement, an advertisement, or a sample of a product.
E. Employees will
be receptive to competent counsel from colleagues, and willing to submit any
major controversy through the appropriate appeals processes.
F. Employees
will accord prompt and courteous reception in so far as conditions permit to
all who call on legitimate business missions.
G. Employees
will not use without consent the original designs developed by a vendor for
competitive purposes.
III. Conflict
of Interest
It will be a
breach of ethical standards for any employees, in the performance of his or her
official duties, to participate directly or indirectly in any proceeding or
application, request for ruling or other determination, claim or controversy,
or other particular matter pertaining to any contract, or subcontract, and any
solicitation or proposal therefor, in which to his or
her knowledge:
A. He or she or
any member of his or her immediate family has a substantial financial interest;
or
B. A business or
organization in which he or she or any member of his or her immediate family
has a substantial financial interest as an officer, director, trustee, partner
or employee, is a party; or
C. Any other
person, business, or organization with whom he or she or a member of his or her
immediate family is negotiating or has an arrangement concerning prospect
employment is a party.
A substantial
financial interest will include, but not be limited to: (1) ownership of ten
percent (10%) or more of the outstanding stock of a corporation; (2) any
interest in a partnership; or (3) receipt of salary or other payment for
services rendered from any organization.
Direct or
indirect participation will include, but not be limited to, involvement through
decision, approval, disapproval, recommendation, preparation of any part of a
purchase request, influencing the content of any specification or purchase
standard, rendering of advice, investigation, auditing or in any other advisory
capacity.
IV. Gratuities
It will be a
breach of ethical standards for any employee or former employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer of
employment, in connection with any decision, approval, disapproval,
recommendation, preparation of any part of a purchase request, influencing the
content of any specification or purchase standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling or other determination, claim or controversy,
or other particular matter, pertaining to any contract or subcontract and any
solicitation or proposal therefor.
V. Contemporaneous
Employment Prohibited
It will be a
breach of ethical standards for any employee who is involved in purchasing to
become or be, while such an employee, the employee of any party contracting
with the particular governmental body by which the employee is employed.
VII. Use of
Confidential Information
It will be a
breach of ethical standards for any employee or former employee knowingly to
use confidential information for his or her actual or anticipated personal
gain, or the actual or anticipated personal gain of any other person.
VIII. Public
Access to Purchasing Information and Records
It will be a
breach of ethical standards to deny public access to purchasing information and
records as required by law.
Approved:
Executive Council, March 4, 1991
Editorial
Changes, April 20, 1993
Approved:
President Allen G. Edwards, February 4, 2002
Reviewed and Recommended, President’s Staff,
December 11, 2006
Approved:
President Allen G. Edwards, December 11, 2006