La. Admin. Code tit. 34 § XIII-2303

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-2303 - Integrity in Procurements

A.Code of Ethics and Ex Parte Communications. All parties involved in the procurement process, contract administration or contract performance are bound to act responsibly, fairly and in good faith. Any person acting for the university in the procurement process shall be held to the highest degree of integrity, honesty and trust and shall be bound by the Louisiana Code of Governmental Ethics, R.S. 49:1101 and the Code of Ethics for procurement which are in addition to applicable state laws, as follows:

1. give first consideration to the mission and policies of the university and the laws of the State of Louisiana;

2. strive to obtain maximum value for each dollar spent;

3. decline all personal gifts or gratuities;

4. grant equal consideration to all competitive suppliers;

5. believe in the dignity and worth of the service rendered by the Procurement Office, and the responsibilities assumed as trusted public servants;

6. conduct business with potential and current suppliers in good faith, devoid of intentional misrepresentation;

7. demand honesty in sales representation whether offered through the medium of a verbal, electronic or written statement, an advertisement, or a sample of the product;

8. receive the consent of originators of proprietary ideas and designs before using them for competitive purchasing purposes;

9. make every reasonable effort to negotiate an equitable and mutually agreeable settlement of any controversy with a supplier; and/or be willing to resolve major controversies, pursuant to the established policies of the university;

10. accord a prompt and courteous reception to all who call on legitimate business missions;

11. cooperate with trade, industrial and professional associations, and with governmental and private agencies for the purposes of promoting and developing sound business methods;

12. foster fair, ethical and legal trade practices;

13. identify and eliminate participation of any individual in operational situations where a conflict of interest may be involved;

14. resist encroachment on control of personnel in order to preserve integrity as procurement professional; seek or dispense no personal favors;

15. handle each procurement problem objectively and empathetically, without discrimination;

16. support the professional aims and objectives of the National Institute of Governmental Purchasing, Inc. and the National Association of Educational Procurement.

B. Procurement procedures shall provide for restrictions on ex parte communications which are appropriate to the circumstances.

C. Conflicts of Interest. In addition to the limitations of Subsection A of this Section, if the CPO has reason to believe that a conflict of interest may exist for university procurement or contract administration personnel, the CPO shall direct the parties involved to take appropriate steps to eliminate an actual, perceived, or potential conflict of interest and shall monitor compliance with these steps.

D. Collusion. When collusion is suspected among respondents to a solicitation, a written notice of the relevant facts shall be transmitted to the district attorney for the parish in which university is domiciled, the attorney general and the inspector general for investigation. All documents involved in any procurement in which collusion is suspected shall be retained for a minimum of six years or until the district attorney for the parish in which university is domiciled, the attorney general and inspector general give written notice that they may be destroyed, whichever period is longer. All retained documents shall be made available to the district attorney for the parish in which university is domiciled, the attorney general and inspector general or their designees upon request.

E. Limitations on Consultants Competing for Contracts. Any person or entity, and any parent or subsidiary business entity of any entity contracting with university for the purposes of developing an ITB, RFP, or any other type of solicitation related to a specific procurement shall be prohibited from bidding, proposing, or otherwise competing for award of that procurement. Such persons or entities shall also be prohibited from participating as subcontractors related to performance of a contract resulting from that procurement. For purposes of this Section, the following activities shall not be considered developing an ITB, RFP, or any other type of solicitation:

1. architectural and engineering programming;

2. master planning;

3. budgeting;

4. feasibility analysis;

5. constructability review;

6. furnishing specification data or other product information;

7. any other services that do not establish selection qualifications or evaluation criteria for the procurement of an architect or engineer

La. Admin. Code tit. 34, § XIII-2303

Promulgated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Office of Procurement and Property Management, LR 41554 (3/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of 2014.