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Chapter 5 - Ethics in Public Procurement

5.1 Responsibilities of Commonwealth procurement professionals and project team members involved in an IT procurement

5.1.2 Ethics

All Commonwealth procurement professionals are subject to § 2.2-4367 et seq. of the Code of Virginia: Ethics in Public Contracting and State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.), the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.) and Articles 2 (§ 18.2-438 et seq.) and 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2.

In addition to the Code of Virginia, VITA's procurement professionals and those acting on behalf of any VITA-delegated agency procurement shall:

  • Abide by the National Institute of Governmental Purchasing, Inc. (NIGP) Code of Ethics.
  • Exhibit the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the Commonwealth's agencies and suppliers and the citizens being served.
  • Provide and foster a procurement environment where all business concerns, large businesses or DSBSD certified small businesses and small businesses owned by women-minorities and service-disabled veterans (SWaM) businesses, or micro businesses certified small, women-owned, minority-owned, service-disabled veteran-owned businesses, or micro businesses are afforded an equal opportunity to compete for the Commonwealth's business.
  • Avoid the intent and appearance of unethical or compromising practices in actions, relationships and communications, while also avoiding the appearance of impropriety or any action which might reasonably result in the perception of impropriety.
  • Conduct all procurement activities on behalf of the Commonwealth in accordance with the laws of the Commonwealth, obeying all relevant laws and remaining alert to any and all legal ramifications of procurement decisions.
  • Refrain from any private or professional activity that would create a conflict between personal interests and the interests of the Commonwealth as defined in § 2.2-3106 and § 2.2-4367 et seq. of the Code of Virginia, avoiding any appearance of a conflict and continually evaluating their outside interests which have the potential of being at variance with the best interests of the Commonwealth.
  • Promote positive supplier relationships through professionalism, responsiveness, impartiality and objectivity in all phases of the procurement cycle.
  • Enhance the proficiency and stature of the Commonwealth's purchasing community by adhering to the highest standards of ethical and professional behavior.
  • Ensure all procurement project team members are aware of this policy and sign any required confidentiality and conflict of interest documents for the procurement file.

VITA procurement professionals and those acting on behalf of any VITA-delegated agency procurement shall not:

  • Engage in outside business or employment by any outside company that might encroach upon their primary responsibilities as a procurement officer of the Commonwealth;
  • Engage in any private or business relationship or activity that could result in a conflict of interest or could reasonably be perceived as a conflict of interest;
  • Engage in business with, or employment by a company that is a supplier to the Commonwealth;
  • Lend money to or borrow money from any Commonwealth supplier;
  • Maintain a significant interest in a firm that does business with VITA;
  • Provide inside information to prospective bidders;
  • Accept trips, lodging, meals, or gifts from suppliers;
  • Accept meals, beverages, tickets to entertainment and/or sporting events or any other item which could be construed as having more than nominal value. (An officer/employee could accept food/refreshments of relatively low value provided during the course of a meeting sponsored by a supplier.)

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