PART I. GENERAL PROVISIONS

 

103D-101 Requirements of ethical public procurement. (a) All public employees shall conduct and participate in public procurement in an ethical manner. In conducting and participating in procurement, public employees shall:

(1) Act as a fiduciary and trustee of public moneys;

(2) Remain independent from any actual or prospective bidder, offeror, contractor, or business;

(3) Act only in the public interest;

(4) Abide by the statutes and administrative rules relating to public procurement;

(5) Identify and maximize efficiencies in the public procurement process;

(6) Encourage economic competition by:

(A) Ensuring that all persons are afforded an equal opportunity to compete in a fair and open environment; and

(B) Researching innovative goods and services to meet the public's needs;

(7) Avoid the intent and appearance of unethical behavior;

(8) Avoid social interactions with any actual or prospective bidder, offeror, contractor, business, or other interested parties during the procurement process;

(9) Maintain confidentiality in a manner that ensures a fair procurement process;

(10) Remain impartial in dealings with any actual or prospective bidder, offeror, contractor, business, or other interested parties; and

(11) Identify and eliminate any conflicts of interest.

(b) Any actual or prospective bidder, offeror, [contractor], or business taking part in the conduct of public procurement, shall act in good faith to practice purchasing ethics, and when applicable, display business integrity as a responsible offeror through the public procurement process, including but not limited to the following:

(1) Avoiding the intent and appearance of unethical behavior or business practices;

(2) Refraining from any activity that would create the appearance of impropriety or conflicts of personal interest and the interests of the State or counties;

(3) Identifying and eliminating any conflicts of interest; and

(4) Ensuring that all persons are afforded an equal opportunity to compete in a fair and open environment.

(c) All parties involved in the negotiation, performance, or administration of state contracts shall act in good faith. [L Sp 1993, c 8, pt of 2; am L 2010, c 207, 1]

 

 

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