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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