Current through the 2024 Legislative Session
Section 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 .