Okaloosa County BOCC — May 4, 2013 — Purchasing Manual-6 (post 3-19-13 meeting) — reading text

executed contracts, leases and agreements (non-grant). SPECIFICATIONS – Those portions of the agreement documents consisting of written technical descriptions of material, equipment, construction systems, standards and workmanship as applied to the work and administrative details as applicable. SUCCESSFUL BIDDER – The lowest, responsible and responsive bidder to whom the Purchasing Department, based on evaluation, is awarded the fully executed agreement. TASK ORDER – Task Order is synonymous with the term “new work” against an existing task-order specific contract approved by the BOARD. Selected contractor will be given a scope of work by the managing department. Contractor will prepare and submit a written technical and cost proposal addressing the scope of work. The managing department will review, negotiate and forward to Purchasing for authorization. The next consecutive task order # will be assigned and the document forwarded for the appropriate level of approval. WORK – The entire completed service, construction or the various separately identifiable parts thereof required to be furnished under the agreement documents. 5 C. CODE OF ETHICS The provisions of Section 112.113, Florida Statutes, pertaining to the standards of conduct for public officers and employees shall expressly apply to the Okaloosa County Purchasing Manual and all county officials and employees. A violation of Section 112.313, Florida Statutes, pertaining to purchasing or contractual relationships shall also be deemed a violation of this Manual. Specific statutory provisions pertaining to purchasing and contracting include, but are not limited to: Section 112.313 (standards of conduct); Section 180.24 (bids on construction contracts); Section 218.70, et. seq. (the Florida Prompt Payment Act); Section 225.20 (local bid law), Section 287.055 (consultants’ competitive negotiation act); Sections 336.41 and 336.44 (county roadwork). Anyone violating these provisions of ethics and standards of conduct may be subject to appropriate disciplinary action up to and including a written reprimand and or termination of employment. Conflict of Interest 1. Any attempt to realize personal gain through public service by conduct inconsistent with the proper discharge of the official/employee’s duties is a breach of a public trust. In addition, it shall be unethical for any official/employee to fail to meet any other applicable standards set forth in this section or to participate directly or indirectly in any procurement when the official/employee knows that: a. The official/employee or any member of the official/employee’s immediate family has a financial interest pertaining to the procurement; b. Any other person, business, or organization with whom the official/employee or any member of an official/employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. c. Any official/employee or any member of an official/employee’s immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. 2. A Conflict of Interest Disclosure Form, see Form Appendices, shall be included in all procurements of goods and services which are competitively bid. Additionally, any purchase of goods or services in excess of $2,500 made by any contractor on behalf of the County, shall require a Conflict of Interest Disclosure Form to be submitted to the County by the supplier. Gratuities It shall be unethical for any person, entity or committee to offer, give or agree to give any official/employee or former official/employee, or for any official/employee or former official/employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a 6  purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. National Institute of Governmental Purchasing (NIGP) Code of Ethics The Okaloosa County Purchasing Department supports the following NIGP Code of Ethics and adheres to their philosophy of protecting the public trust: NIGP CODE OF ETHICS The Institute believes, and it is a condition of membership, that the following ethical principles should govern the conduct of every person employed by a public sector procurement or materials management organization. Seeks or accepts a position as director (or employee) only when fully in accord with the professional principles applicable thereto and when confident or possessing the qualifications to serve under those principles to the advantage of the employing organization. Believes in the dignity and worth of the service rendered by the organization, and the societal responsibilities assumed as a trusted public servant. Is governed by 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 organization and the public being served. Believes that personal aggrandizement or personal profit obtained through misuse of public or personal relationships is dishonest and not tolerable. Identifies and eliminates participation of any individual in operational situations where a conflict of interest may be involved. Believes that members of the Institute and its staff should at no time, or under any circumstances, accept directly or indirectly, gifts, gratuities, or other things of value from suppliers, which might influence or appear to influence purchasing decisions. Keeps the governmental organization informed, through appropriate channels, on problems and progress of applicable operations by emphasizing the importance of the facts. Resists encroachment on control of personnel in order to preserve integrity as a professional manager. Handles all personnel matters on a merit basis, and in compliance with applicable laws prohibiting discrimination in employment on the basis of politics, religion, color, national origin, disability, gender, age, pregnancy and other protected characteristics. Seeks or dispenses no personal favors. Handles each administrative problem objectively and empathetically, without discrimination. Subscribes to and supports the professional aims and objectives of the National Institute of Governmental Purchasing, Inc. 7  GUIDELINES TO THE NIGP CODE OF ETHICS I. RESPONSIBILITY TO YOUR EMPLOYER o Follow the lawful instructions or laws of the employer. Understand the authority granted by the employer. o Avoid activities, which would compromise or give the perception of compromising the best interest of the employer. o Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. o Obtain the maximum benefit for funds spent as agents of the employer. II. CONFLICT OF INTEREST o Avoid any private or professional activity that would create a conflict between your personal interest and the interests of your employer. o Avoid engaging in personal business with any company that is a supplier to your employer. o Avoid lending money to or borrowing money from any supplier. III. PERCEPTION o Avoid the appearance of unethical or compromising practices in relationships, actions and communications. o Avoid business relationships with personal friends. Request a reassignment if the situation arises. o Avoid noticeable displays of affection, which may give an impression of impropriety. Avoid holding business meetings with suppliers outside the office. When such meetings do occur, the meeting location should be carefully chosen so as not to be perceived as inappropriate by other persons in the business community or your peers. IV. GRATUITIES o Never solicit or accept money, loans, credits or prejudicial discounts, gifts, entertainment, favors or services from your present or potential suppliers which might influence or appear to influence purchasing decisions. o Never solicit gratuities in any form for yourself or your employer. o Items of nominal value offered by suppliers for public relations purposes are acceptable when the value of such items has been established by your employer and would not be perceived by the offeror, receiver or others as posing an ethical 8  breach. o Gifts offered exceeding nominal value should be returned with an explanation or if perishable either returned or donated to a charity in the name of the supplier. o In the case of any gift, care should be taken to evaluate the intent and perception of acceptance to ensure that it is legal, that it will not influence your buying decisions, and that it will not be perceived by your peers and others as unethical. V. BUSINESS MEALS o There are times when during the course of business it may be appropriate to conduct business during meals. In such instances, the meal should be for a specific business purpose. o Avoid frequent meals with the same supplier. o The purchasing professional should be able to pay for meals as frequently as the supplier. Budgeted funds should be available for such purposes. VI. CONFIDENTIAL INFORMATION o Keep bidders’ proprietary information confidential. o Develop a formal policy on the handling of confidential information. VII. RELATIONSHIP WITH THE SUPPLIER o Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. o Association with suppliers at lunches, dinners or business organization meetings is an acceptable professional practice enabling the buyer to establish better business relations provided that the buyer keeps free ofr obligation. Accordingly, it is strongly recommended that if a seller pays for an activity that the buyer reciprocate. o Purchase without prejudice, striving to obtain the maximum value for each dollar of expenditure. o Preclude from showing favoritism or be influenced by suppliers through the acceptance of gifts, gratuities, loans or favors. Gifts of a nominal value that display the name of a firm which is