Updated: Feb 6, 2020
NEPN/NSBA Code: DJH
PURCHASING AND CONTRACTING: PROCUREMENT
STAFF CODE OF CONDUCT
Conflict of Interest
All employees of MSAD #60 shall perform their duties in a manner free from conflict of interest to ensure that the school unit’s business transactions are made in compliance with applicable laws and regulations and in a manner that maintains public confidence in the schools.
No employee of MSAD #60 shall participate in the selection, award or administration of a contract supported by federal funds or in any other transaction in which the school unit is a party if he/she has a real or apparent conflict of interest in the transaction.
A conflict of interest would arise when the employee or any member of his/her immediate family, his/her (business) partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in the firm selected for the award. For the purpose of this policy, “immediate family” is defined as spouse, brother, sister, parent, son or daughter.
Conflict of Interest Disclosure
All employees with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction. The Superintendent will exercise due diligence in investigating the circumstances of the transaction 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 Superintendent determines that the proposed transaction is in the best interest of MSAD #60 and is fair and reasonable, he/she may proceed with the transaction. In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the Board will investigate and make a determination regarding the transaction.
Staff Gifts and Solicitations
MSAD #60 employees are prohibited from accepting money or things of material value from persons or entities doing business with, or desiring to do business with, the school unit. Employees may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.
Employees of MSAD #60 who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.
A bidder or respondent to a request for a proposal (RFP) may protest a procurement or contract award if he/she believes that it was made in a manner inconsistent with Board policy, specifications, or law or regulations. A protest must be submitted to the Superintendent in writing within five business days after receipt of notification of the award being made, with all documents supporting the protest.
The Superintendent shall review the protest and supporting documents and render a decision in writing within 20 business days of receipt of the protest. The Superintendent may also convene a meeting with the bidder or respondent to attempt to resolve the problem.
If the bidder or respondent is not satisfied with the Superintendent’s decision, he/she may appeal to the Board. The Superintendent will provide reasonable notice to the bidder or respondent of the time for the Board’s consideration of the protest. The Board’s decision shall be final.
Legal Reference: 34 CFR 74.40-74.48; 80.36 (Education Department General
Administrative Regulations (EDGAR)
Commissioner’s Administrative Letter No. 6, June 18, 2006 (Fiscal Compliance)
Cross Reference: BCB - Board Member Conflict of Interest
DJ - Bidding/Purchasing Requirements
GBI - Staff Gifts and Solicitations
KCD - Public Gifts/Donations to the Schools
Revised: October 13, 2016