ETHICS IN THE PROCUREMENT POND

ETHICSFOR THE PROCUREMENT PROFESSIONAL

Wiley C. Rowsey, CPPO, VCOProcurement DirectorVirginia Department of Education Phone: 804-225-3576e-mail: wiley.rowsey@doe.virginia.gov

CAPA September 17, 20101

Three may keep a secret if two of them are dead.

Benjamin FranklinDEFINITIONSETHICS: The rules or standards governing the conduct of the members of a profession

INTEGRITY: Rigid adherence to a code or standard of valuesEXAMPLES OF WRONGDOINGAccepting or soliciting giftsAllowing a contractor to pay for your mealDiscussing or accepting a job offer to influence a contract award decisionAccepting a special discount for personal gainDoctoring files to change the outcomeKnowingly accepting product not meeting specsNot reporting wrongdoing

EXAMPLES OF WRONGDOING CONTINUEDProviding insider info to favorite bidderManipulating outcome so favorite vendor winsBackdating and signing documentsSplitting orders to avoid competitionAllowing bidder to change price or sign bid after openingCOMMON RATIONALIZATIONSEveryone else does itTheyll never miss itNobody will careThe boss does itNo one will knowI dont have time to do it rightThats close enoughSome rules were meant to be brokenIts not my jobCODE OF VIRGINIALAWS THAT GOVERN OUR AND THE VENDOR COMMUNITY CONDUCTVPPA 2.2-4367 et seq

State and Local Govt Conflict of Interest Act 2.2-3100 et seq

Virginia Governmental Frauds Act 18.2-498.1 et seq

Code of Virginia searchabledatabase: http://leg6.state.va.us

HOW SHOULD PUBLIC BODIES PROMOTE CONFIDENCE IN AND COMPLIANCE WITH ETHICAL STANDARDSPublicly post purchasing rules and proceduresPublicly post code of ethics/standards of conductConduct ethics training for all staffPublicly post solicitations/Hold public bid openingsMake records available for public inspectionPreclude personal interest/influence in a contractBe cognizant of back-door sellingRemain independent, free of obligation and above suspicion

PATIENCECONSISTENTDILIGENTPRINCIPLEDKNOWLEDGEABLECOURAGEOUS

HONORABLE

INTEGRITY9ETHICS IN THE PROCUREMENT FROG PONDA happy, dancing purchasing professional when all goes wellDECISION MAKING QUESTIONS TO ASK

WAS IT LEGAL OR ETHICAL?

DOES IT COMPLY WITH LOCAL OR STATE POLICIES, LAW, YOUR VALUES?

WILL IT APPEAR ON THE 6 OCLOCK NEWS/ABOVE THE CREASE HEADLINES?

WHAT WOULD YOU DO IF FACED WITH A POTENTIAL ETHICS ISSUE?HOW TO SAY NO TACTFULLYDont accuse the other person of being unethicalinstead use I statements to describe your feelings:I have serious concerns about that, and I need your understandingI honestly believe it is wrong becauseI cant do what I feel is wrongPERSONAL CONDUCTHigher standard for managers & purchasing professionalsPublic expectationmake right decisions, be trustworthyVendor expectationfairness & honestyBe cognizant of laws & policies & where to look them up

WHAT WERE THEY THINKING?

News Articles

TEN COMMANDMENTS OF ETHICAL GOVERNMENTBe Independent

Act Only in the Public Interest

You Are a Trustee of the Publics Money

Follow the Law

Strive for EfficiencyTEN COMMANDMENTS OF ETHICAL GOVERNMENTProtect the Economy

Take Nothing, Ever

Do Not Socialize with Vendors

Maintain Confidentiality

Do Not Play Favorites

-SWEAT THE SMALL STUFF-REMEMBER CANDID CAMERA-DO THE RIGHT THING-SET THE EXAMPLE-DONT IGNORE YOUR NOSE (does it pass the smell test?)

Think first! What would it be like if friends and family see YOU on the 6 oclock news?

Remember, Doing the right thing is the one ingredient that leads to long-term success