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]