ART12_2013_REDLINE.PDF

Maricopa County — Formal (2013-09-11)

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DEPARTMENT OF OFFICE
OF PROCUREMENT
MARICOPA COUNTY PROCUREMENT CODE SERVICES
Article 12 Date
10/19/2011
SUBJECT
ETHICS IN PUBLIC CONTRACTING
MC1-1201 EMPLOYEE ETHICS
A. Maricopa County employment is a public trust. It is the policy of Maricopa County for
Employees to maintain high standards of honesty, integrity, impartiality, courtesy and
conduct. Such policy is implemented by prescribing essential standards of ethical
conduct without creating unnecessary obstacles to entering County service. Further
guidance can be obtained by referring to the Maricopa County Ethics Handbook.
B. Maricopa County Employees must discharge their duties impartially so as to assure fair
competitive access to governmental Procurement by responsible Contractors and to
avoid the appearance of impropriety. Moreover, they should conduct themselves in such
a manner as to foster public confidence in the integrity of Maricopa County’s
Procurement operation.
C. To achieve the purpose of this article, it is essential that those doing business with
Maricopa County also observe the ethical standards prescribed herein.
MC1-1202 SIGNIFICANT PROCUREMENT ROLE
An Employee of any Maricopa County Governmental Unit, who has a Significant
Procurement Role in the Procurement of Commodities, Services or Construction shall not
accept an offer of employment from or have employment discussions with any Person or
entity lobbying for or potentially responding to a Solicitation during a period beginning on
signature of the first nondisclosure agreement pertaining to a particular Solicitation or at
the time of request for a sole source Procurement or competition impracticable
Procurement and ending one year after the purchased Commodities are delivered or the
purchase of Services or Construction begins.
MC1-1203 INFLUENCE
A. Any attempt to realize personal gain through Maricopa County employment by conduct
inconsistent with the proper discharge of the Employee’s duty is a breach of public trust.
B. Any effort to influence any Maricopa County Employee or agent to breach the standards
of ethical conduct, maybe grounds for Disbarment or Suspension under MC1-902.
MC1-12031204 CONFLICT OF INTEREST
It shall be a breach of ethical standards for any Employee or agent acting on behalf of
Maricopa County to directly or indirectly participate in or benefit from a Procurement
when the Employee, agent or his immediate family has a financial interest in the
Office of Procurement Services
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DEPARTMENT OF OFFICE
OF PROCUREMENT
MARICOPA COUNTY PROCUREMENT CODE SERVICES
Article 12 Date
10/19/2011
SUBJECT
ETHICS IN PUBLIC CONTRACTING
Business or organization, or has a potential for financial gain as a direct result of their
actions, unless an exception has been previously granted by the Chief Procurement
Officer. The Chief Procurement Officer shall review requests for exceptions on a case by
case basis and issue a written determination to support the decision.
MC1-12041205 ETHICAL STANDARDS
A. It shall be a breach of ethical standards for any Person to offer, give or agree to give any
Employee or former Employee, or for any Employee or former Employee to solicit,
demand, accept, or agree to accept from another Person, a gratuity or an offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a Purchase Request, influencing
content of any Specification or Procurement standard, rendering of advise, investigation,
auditing or in any advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to any program
requirement of a Contract or subcontract, or to any Solicitation or Proposal thereof.
B. It shall be a breach of ethical standards for any payment, gratuity, or offer of employment
to be made by or on behalf of a subcontractor under a Contract to the prime Contractor or
higher tier subcontractor or any Person associated therewith, as an inducement for the
Award of a subcontract or order.
MC-12051206 CONTINGENT FEES
It shall be a breach of ethical standards for a Person to be retained, or to retain a Person,
to solicit or secure a Maricopa County Contract upon an agreement or understanding for
a commission, percentages, brokerage, or contingent fee, except for retention of bona
fide employees or bona fide established commercial selling agencies for the purpose of
securing Business.
MC-12061207 EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES
It shall be a breach of ethical standards for any Employee or former Employee who is
participating directly or indirectly in the Procurement process to become, or be while such
an Employee, the Employee of any Person under Contract with the governmental body
by whom the employee is employed.
MC1-12071208 CONFIDENTIAL INFORMATION
It shall be a breach of ethical standards for any Employee or former Employee knowingly
to use confidential information for actual or anticipated personal gain, or for the actual or
Office of Procurement Services
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DEPARTMENT OF OFFICE
OF PROCUREMENT
MARICOPA COUNTY PROCUREMENT CODE SERVICES
Article 12 Date
10/19/2011
SUBJECT
ETHICS IN PUBLIC CONTRACTING
anticipated personal gain of any other Person.
Office of Procurement Services
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