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Vendors -
Conflict of Interest
See also:
-
Conflict of Interest in Research
- Conflict
of Commitment and Interest - Professional Activity
- Conflict
of Interest in Employment
- Compliance
and Reporting - Chapter 7.08 from Board of Regents Policy Manual
Conflict
of Interest Policy
See
also Iowa Administrative Code and the revised issue of the Purchasing
Policies and Procedures Guide.
From the Iowa Code
68B.2A Conflicts of interest.
- Any person who serves or is employed
by the state or a political subdivision of the state shall not engage
in any outside employment or activity which is in conflict with the
person's official duties and responsibilities. In determining whether
particular outside employment or activity creates an unacceptable
conflict of interest, situations in which an unacceptable conflict
shall be deemed to exist shall include, but not to be limited to,
any of the following:
- The outside employment or activity involves the
use of the state's or the political subdivision's time, facilities,
equipment, and supplies or the use of the state or political subdivision
badge, uniform, business card, or other evidences of office or employment
to give the person or member of the person's immediate family an
advantage or pecuniary benefit that is not available to other similarly
situated members or classes of members of the general public. This
paragraph does not apply to off-duty peace officers who provide
private duty security or fire fighters or emergency medical care
providers certified under chapter 147A who provide private duty
fire safety or emergency medical services while carrying their badge
or wearing their official uniform, provided that the person has
secured the prior approval of the agency or political subdivision
in which the person is regularly employed to engage in the activity.
For purposes of this subsection, a person is not "similarly
situated" merely by being or being related to a person who
serves or is employed by the state or a political subdivision of
the state.
- The outside employment or activity involves the
receipt of, promise of, or acceptance of money or other consideration
by the person, or a member of the person's immediate family, from
anyone other than the state or the political subdivision for the
performance of any act that the person would be required or expected
to perform as a part of the person's regular duties or during the
hours during which the person performs service or work for the state
or political subdivision of the state.
- The outside employment or activity is subject to
the official control, inspection, review, audit, or enforcement
authority of the person, during the performance of the person's
duties of office or employment.
- If the outside employment or activity is employment
or activity described in subsection 1, paragraph "a" or
"b", the person shall immediately cease the employment or
activity. If the outside employment or activity is employment or activity
described in subsection 1, paragraph "c", or constitutes
any other unacceptable conflict of interest, unless otherwise provided
by law, the person shall take one of the following courses of action:
- Cease the outside employment or activity.
- Publicly disclose the existence of the conflict
and refrain from taking any official action or performing any
official duty that would detrimentally affect or create a benefit
for the outside employment or activity. For purposes of this paragraph,
"official action" or "official duty" includes,
but is not limited to, participating in any vote, taking affirmative
action to influence any vote, granting any license or permit,
determining the facts or law in a contested case or rulemaking
proceeding, conducting any inspection, or providing any other
official service or thing that is not available generally to members
of the public in order to further the interests of the outside
employment or activity.
- Unless otherwise specifically provided the requirements
of this section shall be in addition to, and shall not supersede,
any other rights or remedies provided by law.
Iowa
Code 68B.3 When public bids required -- disclosure of income from other
sales.
-
An official, a state employee, a member of the general assembly, or
a legislative employee shall not sell, in any one occurrence, any
goods or services having a value in excess of two thousand dollars
to any state agency unless the sale is made pursuant to an award or
contract let after public notice and competitive bidding. This subsection
shall not apply to the publication of resolutions, advertisements,
or other legal propositions or notices in newspapers designated pursuant
to law for the publication of legal propositions or notices and for
which rates are fixed pursuant to law. This subsection shall also
not apply to sales of services by persons subject to the requirements
of this section to state executive branch agencies or subunits of
departments or independent agencies as defined under section 7E.4
that are not the subunit of the department or independent agency in
which the person serves or is employed or are not a subunit of a department
or independent agency with which the person has substantial and regular
contact as part of the person's duties.
For
purposes of this section, "services" does not include
instruction at an accredited education institution if the person
providing the instruction meets the minimum education and licensing
requirements established for instructors at the education institution.
- An
official or member of the general assembly who sells goods or services
to a political subdivision of the state shall disclose whether income
has been received from commissions from the sales in the manner provided
under section 68B.35.
From the University Operations Manual, Part
V, Administrative, Financial, and Facilities Policies, Chapter 11, Purchasing,
11.14 Conflict of Interest and 11.15 Purchases from University Faculty
or Staff
11.14 Conflict
of Interest.
The Regents Policy Manual, 7.07, is explicit
regarding University business transactions with employees of Regents
institutions and should be consulted directly as the need, or question,
arises.
"Employee shall mean a paid employee
of the State of Iowa, the employee's spouse or minor children, and any
firm of which any of those persons is a partner or sole proprietor,
as well as any corporation of which any of those persons holds five
percent or more stock either directly or indirectly."
11.15
Purchases from University Faculty or Staff.
-
Definitions.
For purposes of this policy, the following definitions apply:
-
Personal relationship means relationship with another sufficiently
close that a reasonable person would believe that it would be
difficult for a faculty or staff member to deal with the person
as he or she would deal with a stranger.
-
Financial
Relationship means a partnership or other commercial relationship
involving a joint venture between the faculty or staff member
and another person.
-
General
Policy.
-
Purchases from staff members exceeding $1,000 for one transaction
or $2,000 in one year must be approved by the Board of Regents.
-
Services
of staff, or members of their immediate household other than
those in established businesses providing such services as outside
contractors, unless approved in the budget or in advance by
the Vice President for Finance and University Services, are
approved only after Purchasing has determined the services are
either uniquely exclusive, or otherwise beneficial to the University
in comparison to other available sources of the required services.
-
University
staff members cannot be interested, directly or indirectly,
in any contract to furnish material of any kind to or for the
University. In addition, participation in direct sales (pyramiding)
ventures is considered a direct or indirect interest in a contract
and is encompassed by this policy. Based on special approvals,
staff members may be reimbursed for out-of-pocket expenditures
on presentation of approved vouchers with receipts or other
acceptable evidence of actual amounts paid for items purchased
for University use.
-
Faculty
or staff members who would benefit personally from the supplying
of goods or services to the University by any prospective supplier,
may not participate in the decision process leading to the choice
of supplier. Specifically, faculty or staff members who have
or who reasonably anticipate having either an ownership interest
in, a significant executive position in or a consulting or other
remunerative relationship with a prospective supplier may not
participate in the recommendation of, drafting specifications
for, or the decision to purchase the goods or services involved.
Faculty or staff members who know that a member of their family
(or any other person with whom they have a personal or financial
relationship) has an ownership interest or a significant executive
position in a prospective supplier are also disqualified from
participating in the purchasing of the goods and services. However,
faculty or staff members whose sole ownership interest in a
potential supplier is held by a fiduciary (such as TIAA-CREF,
a blind trust, or a mutual fund) that has the power to acquire
or dispose of the interest without consultation with the faculty
or staff member are not disqualified from participation in the
purchase decision.
-
When
a faculty or staff member is disqualified from participating
in a procurement decision, the fact of the disqualification
and the reason for it must be reported to others involved in
the decision. If necessary, a substitute may take the staff
member's place under procedures established by the Vice President
for Finance and University Services. Consult the Purchasing
Policies and Procedures Guide for details.
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