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POLICY 05:07:02

PURCHASING / CONTRACTING ETHICS

Please refer to Tennessee Board of Regents Policy No. 4:02:10:00

  1. 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.
  2. General Standards of Ethical Conduct
    1. Any attempt to realize personal gain through public employment, inconsistent with the responsible discharge of that public employment, is a breach of public trust.
    2. Employees shall base all purchases on the principle of competitive bidding consistent with policies of the Board and the institution or technology center.
    3. Employees shall grant all competitive bidders equal consideration, regard each transaction on its own merits, and foster and promote fair, ethical and legal trade practices.
    4. Employees shall 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.
    5. Employees shall be receptive to competent counsel from colleagues, and willing to submit any major controversy through the appropriate appeals processes.
    6. Employees shall accord prompt and courteous reception in so far as conditions permit to all who call on legitimate business missions.
    7. Employees shall not use without consent the original designs developed by a vendor for competitive purposes.
  3. Conflict of Interest
    It shall be a breach of ethical standards for any employee, 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 therefore, in which to his or her knowledge:

    1. He or she or any member of his or her immediate family has a substantial financial interest; or
    2. 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
    3. 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.

    Direct or indirect participation shall 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.

  4. 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 thereof.
  5. Contemporaneous Employment Prohibited
    It will be a breach of ethical standards for any employee who is involved in procurement 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.

 

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
Reviewed and Recommended, President’s Council, October 31, 2011
Approved: President L. Anthony Wise, Jr. October 31, 2011
Reviewed/Recommended: President’s Council, March 28, 2016
Approved: President L. Anthony Wise, Jr., March 28, 2016
Reviewed/Recommended: President’s Council, September 27, 2021
Approved: President L. Anthony Wise Jr., September 27, 2021