PART I.
335 words·~2 min read·
/hi/part-i-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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]