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Procurement Ethics and Conflict of Interest

Section 1: Procurement Ethics and Conflict of Interest

Procurement and Contract Services Policy
Purchasing and Contract Ethics Section 1
Effective: 08/15/2015

The following policy provides guidance in the ethical and objective practices associated with procuring goods and services at Oregon Tech. All purchases and contracts must be conducted in a manner that utilizes the highest ethical standards. Any purchases or contracts not conducted in compliance with this policy could potentially result in a financial conflict of interest.

Financial conflicts of interest are unrelated to those associated with research. All research conflicts of interest are managed by the Oregon Tech Office of Sponsored Projects & Grants Administration.

1-1: Financial Gain or Avoidance of Financial Loss

Employees are responsible for being good stewards of the resources entrusted to them. As such, employees are prohibited from using or attempting to use their positions to gain financial benefit or to avoid a financial cost for themselves, a relative, or a member of their household or their business if the opportunity is available only because of the position held by the employee.

Employees should not engage directly or indirectly in a personal financial transaction that primarily relies upon information obtained through University employment and is not otherwise common knowledge. It is inappropriate for employees to purposely direct or influence a university purchase in a manner that provides them with personal financial gain that would not be available to them or avoid a financial loss, if it were not for their position as an Oregon Tech employee.

1-2: Purchasing from or Contracting with Oregon Tech Employees, Relatives of Oregon Tech Employees or Members of the Oregon Tech’s Employee’s Household

Any purchase or contract for the provision of goods or services, regardless of the dollar value, is subject to the provisions of this policy. Oregon Tech may only purchase from or contract with Oregon Tech employees, relatives of Oregon Tech employees (relative as defined in ORS 244) or members of the Oregon Tech employee’s household if the Oregon Tech employee is not involved in the selection, award or administration of the purchase/contract and all of the following requirements are met:

  1. The Oregon Tech employee must complete the “Disclosure of Real or Potential Conflict of Interest” form and submit to the Procurement office for review.
  2. It has been determined by Procurement, through the procedure below, that no real conflict of interest exists.
  3. The Oregon Tech employee, employee’s relative or member of the employee’s household must be determined to be an Independent Contractor for the services being proposed. In the case of an Oregon Tech employee as a vendor, the goods or services sought for purchase or contract must be substantially different from the work the employee performs in their employment with Oregon Tech.

Procedure:

The Oregon Tech employee must submit a purchase request and the completed “Disclosure of Real or Potential Conflict of Interest” form to purchasing@oit.edu. Procurement must determine that:
  1. There are no current Oregon Tech contracts in place for the subject goods and services that will meet the department’s needs;
  2. A best effort is made to obtain price comparisons, documenting that the purchase or contract represents the best value to the University; and
  3. The Oregon Tech employee, relative or member of the household has no additional knowledge or information about the purchase that would place them in an unfair advantage to receive this business from Oregon Tech.
  4. An appropriate process has been conducted to resolve or mitigate the real or potential conflict of interest while complying with Oregon Tech Standards and other applicable regulations.

PACS may consult with the Oregon Tech General Counsel, Office of Human Resources, or other University leadership as part of any determination of the review. The Department may work with PACS to develop any necessary mitigation plan. Purchases or contracts that violate this policy may be considered an unauthorized purchase or contract and will follow the process for Unauthorized Purchases or Contracts contained in Purchasing and Contract Ethics Section 3.

Violations involving federally funded projects are subject to Conflict of Interest Violations Pertaining to Use of Federal Funds in Purchasing and Contract Ethics Section 4-3.

101-003: Oregon Tech Employee Honorariums Guideline

Oregon Tech employees may not solicit or accept honorariums from other entities in excess of $50 for providing services related to their official duties. Oregon Tech may solicit or accept honorariums in excess of $50 if the services provided is in connection with private activity of the Oregon Tech employee and that activity does not relate to their official duties.

1-4: Other State Employees Honorarium Guideline

Oregon Tech may not contract with or pay an honorarium in excess of $50 to State of Oregon or other Oregon public university employees for which the honorarium is being paid in connection with that employee’s official duties.

1-5: Personal Purchases using Oregon Tech Funds

Employees may not make personal purchases using Oregon Tech funds.

1-6: Personal Purchases using Oregon Tech Contracts as an Oregon Tech Employee

Oregon Tech employees may not use Oregon Tech contracts or a relationship with the contracted vendor to obtain more favorable pricing, terms and/or conditions than is available to the public or other employee groups in private or public sectors.

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