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.
VI. 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.
VII. 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
Editorial
Changes, April 30, 2009