Ethical rules for public purchasing

(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]