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Standards of Conduct and Ethics

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The Ethics section of the Virginia Public Procurement Act (VPPA) outlines the conduct of public employees in procurement transactions.

Section 2.2-4369 of the Code of Virginia states:

"...no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:

  1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or
  2. The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent; or
  3. The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or
  4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor."

In addition, public employees shall not solicit or accept gifts from bidders, offerors, contractors, or subcontractors. Give-aways at trade fairs which are available to all participants and are generally acceptable.

Definitions

The Ethics section of the Virginia Public Procurement Act (VPPA) outlines the conduct of public employees in procurement transactions.

Section 2.2-4369 of the Code of Virginia states:

"...no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:

  1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or
  2. The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent; or
  3. The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or
  4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor."

In addition, public employees shall not solicit or accept gifts from bidders, offerors, contractors, or subcontractors. Give-aways at trade fairs which are available to all participants and are generally acceptable.

Conflict of Interest

A conflict of interest may be actual or potential. It most often occurs when an employee has a financial interest in a private firm which is doing business or is attempting to do business with the university. A conflict of interest can also result in a situation where the employee's immediate family member has the financial interest.

The following policies provide detailed guidance regarding what is considered a qualifying financial interest and the disclosure procedure.

Standards of Conduct

Each of us wants to do the right thing and to avoid causing any embarrassment to ourselves, our department or Virginia Tech. For this reason, it is important to know the basic standards of conduct guidelines.

As public employees, we are all bound by standards of conduct which prohibit the acceptance of gifts, gratuities, favors or rewards from vendors, contractors and persons seeking to do business with the university.

What is okay? This is largely an issue of individual judgment. It is generally felt that items of small nominal value are acceptable. The state has not specifically defined the "line" of what is nominal and what would be unacceptable. The Federal government uses a guideline of $25.00 to define the line between a nominal item and a prohibited gift. For example, it is considered permissible to accept "giveaways" of promotional items such as pens, calendars, ball caps, and similar items that are offered by vendors at trade shows or training meetings. In contrast, it should be an easy decision not to accept an item of substantial value such as a TV set, a $50 gift certificate, or a trip to Bermuda.

Meals and food are often offered by vendors. There are no specific state guidelines to address this area. Once again, individual judgment must be applied. Under Federal guidelines, a meal is considered a gratuity and cannot be accepted. A public employee can certainly take a meal with a contractor, but should pay for their own meal. A common situation is where a "working lunch" is provided as part of an off-campus business meeting or training session. The general opinion is that this is permissible under the circumstances that university-related work is being conducted and the meal adds to the efficiency of the meeting. Light refreshments offered in a training meeting or trade show are considered permissible. The more modest the offering, the more acceptable it becomes.

Perceptions. What this subject boils down to is this question: could this situation create the perception that the contractor is unfairly influencing a state employee? For this reason, employees involved in purchasing decision making or contract administration are encouraged to adopt a very strict set of personal standards regarding the acceptance of anything from a vendor. Avoiding the acceptance of gratuities enables us to maintain our freedom from influence and to exercise truly independent judgment.

Here are some comparison factors that might help you evaluate situations:

  1. Is the event being held on-campus or in a private location? (On-campus is more open and more logically associated with work)
  2. Is it work-related, such as training, or is it purely social? (work-related training and learning is understandably of more benefit to Virginia Tech than a social event).
  3. Is it open to attendees from other organizations or the public, or is it focused only on Virginia Tech? (There is more safety in numbers. It is generally more permissible to participate in open events than in ones that are closed or give the perception of being directed at a very precise group).
  4. Do you perceive it to be modest in cost, or expensive and elaborate? (The more modest the event, the better).
  5. Are you involved in some way with the decision to buy the goods and services offered by this contractor or the administration of this vendors contract? (If you are a decision maker, there is a much greater likelihood of creating the impression of improper influence).
  6. Do you estimate that the value of the item or service is $50.00 or more? (If so, the state requires that it be reported).

Remember, when in doubt or uncomfortable, the best course of action is to politely decline.

Gifts to the University

All gifts to the university are received through the Virginia Tech Foundation. University Policy Number 12115, Reporting Gifts-in-Kind to the University, notes that only officials of the Virginia Tech Foundation are authorized to sign contracts, licensing agreements, purchasing documents, or other contractual documents that pertain to gifts. After Receipt of the gift, the Virginia Tech Foundation will normally transfer the title of the equipment to the university and the equipment will be entered on university property records. Gifts-in-kind are defined as equipment, tools, software, paintings, furniture, and other items that could be determined to a value.

 

Last updated: October 22, 2003