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DJ-R - Purchasing Code of Conduct

Book: D

Section: Fiscal Management

Title: Purchasing Code of Conduct

Code: DJ-R

Status: Active

Adopted: April 9, 2012

Last Revised: November 15, 2022
 

Purchasing Code of Conduct

  1. No employee or agent of the Portland Board of Public Education (Board) shall participate in the selection, award, or administration of a contract between the Board and other person or firm if a real or apparent conflict of interest would be involved. An “agent” is any person or firm retained by the Board who participates in the selection, award or administration of a contract.
  2. A conflict exists when the employee, officer, or agent, any member of their immediate family, their  partner, or an organization which employs or is about to employ any such persons, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract or the firm selected for an award.

For the purpose of this policy, “immediate family” means spouse, sibling, parent, or child. 

  1. Any employee or agent who becomes aware of a potential conflict of interest must notify their supervisor of the conflict. The supervisor will investigate the circumstances of the proposed transaction, exercising due diligence in such investigation, 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 supervisor determines that the proposed transaction is in the best interest of the Board and is fair and reasonable, the supervisor may proceed with the transaction. 
  2. The employees, officers, agents, and contractors of the Board shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subagreements. Exceptions may be made by the employee’s or agent’s supervisor or, in the case of officers, by the Board of Education, when the financial interest is not substantial or the gift is an unsolicited item of nominal value.
  3. Employees violating this rule shall be subject to discipline up to dismissal. Agents violating this rule shall be subject to termination of contract.

Reference: 34 C.F.R. parts 74 and 80 (Education Department General Administrative Regulations (“EDGAR”)) (for federal awards made prior to 12/26/2014)

2 C.F.R. § 200.318 (Uniform Administrative Requirements—General Procurement Standards) (for federal awards made on or after 12/26/2014)

 

Created: 4/9/12

Reviewed: Policy Committee October 18, 2016, School Board November 15, 2022

 

Legal

34 C.F.R. § 80.36

 

 

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