Purchasing and Contracting : Procurement Staff Code of Conduct

Maine School Administrative District #31

PURCHASING AND CONTRACTING: PROCUREMENT

STAFF CODE OF CONDUCT


Conflict of Interest


All employees of MSAD #31 shall perform their duties in a manner free from conflict of interest to ensure that the school unit’s business transactions are made in compliance with applicable laws and regulations and in a manner, that maintains public confidence in the schools.


No employee, officer or agent of MSAD #31 shall participate in the selection, award or administration of a contract supported by a federal award or any other transaction if he/she has a real or apparent conflict of interest in the transaction.


A conflict of interest would arise when the employee or any member of his/her immediate family, his/her partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in the firm selected for the award. For the purpose of this policy, “immediate family” is defined as spouse, brother, sister, parent, son or daughter.

Conflict of Interest Disclosure


All employees with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction. The Superintendent will exercise due diligence in investigating the circumstances of the transaction and, if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest. If the Superintendent determines that the proposed transaction is in the best interest of MSAD #31 and is fair and reasonable, he/she may proceed with the transaction. In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the Board will investigate and make a determination regarding the transaction.


Staff Gifts and Solicitations


Employees, officers and agents of MSAD #31 may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. Employees, officers and agents of the school unit may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.





Violations


Employees of MSAD #31who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.


Conflict Resolution/Protests and Claims

A bidder or respondent to a request for a proposal (RFP) may protest a
procurement or contract award if he/she believes that it was made in a manner
inconsistent with Board policy, specifications, or law or regulations. A protest
must be submitted to the Superintendent in writing within five business days after
receipt of notification of the award being made, with all documents supporting the
protest.
The Superintendent shall review the protest and supporting documents and render a decision in writing within 20 business days of receipt of the protest. The
Superintendent may also convene a meeting with the bidder or respondent to attempt to resolve the problem.
If the bidder or respondent is not satisfied with the Superintendent
’s decision, he/
she may appeal to the Board. The Superintendent will provide reasonable notice
to the bidder or respondent of the time for the Board’s consideration of the protest. The Board’s decision shall be final.



Legal Reference: 34 CFR Parts 74 and 80 (Education Department General

Administrative Regulations (‘EDGAR”) (for federal awards made prior to 12/26/2014)

2 CFR §200.318 (Uniform Administrative Requirements – General Procurement Standards) (for federal awards made on or after 12/26/2014)


Cross Reference: DJ - Bidding/Purchasing Requirements

DJ-R – Federal Procurement Manual


First Reading: 01/31/2018

Second Reading: 02/27/2018