Ethics in Public Contracting 3-2.1

School Board of the City of Virginia Beach
Regulation 3-2.1

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Ethics in Public Contracting

1. Generally

   The school board demands compliance with both the word and the intent of Article 4 of the Virginia Public Procurement Act, entitled "Ethics in Public Contracting." This regulation details the provisions of this law.

2. Definitions

   The following words utilized in this regulation shall have the meanings as set forth in the Code of Virginia § 11-73. (See legal reference to Policy 3-2 for relevant text.)

   1. "Immediate family"
   2. "Official responsibility"
   3. "Pecuniary interest arising from the procurement"
   4. "Procurement transaction"
   5. "Public employee"
3. Proscribed Participation by Employees in Procurement Transactions

   Except as may be specifically allowed by provisions of the Comprehensive Conflict of Interests Act, no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the school board when the employee knows that:

   1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or
   2. The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent; or
   3. The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or
   4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.
4. Solicitation or Acceptance of Gifts

   No employee having official responsibility for a procurement transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The school board may recover the value of anything conveyed in violation of this section.

5. Disclosure of Subsequent Employment

   No employee or former employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the school board unless the employee, or former employee, provides written notification to the superintendent prior to commencement of employment by that bidder, offeror or contractor.

6. Gifts by Bidders, Offerors, Contractors or Subcontractors

   No bidder, offeror, contractor or subcontractor shall confer upon any employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

7. Kickbacks
   1. No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.
   2. No subcontractor or supplier shall make, or offer to make, kickbacks as described in this regulation.
   3. No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.
   4. If a subcontractor or supplier makes a kickback or other prohibited payment as described in this regulation, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the school board and will be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.
8. Purchase of Building Materials, etc., from Architect or Engineer Prohibited

   Except in cases of emergency, no building materials, supplies or equipment for any building or structure constructed by or for the school board shall be sold by or purchased from any person employed as an independent contractor by the school board to furnish architectural or engineering services, but not construction, for such building or structure; entity which has provided of is currently providing design services specifying a sole source for such materials, supplies or equipment to be used in such buildings or structure to the independent contractor employed by the public body to furnish architectural or engineering service; or from any partnership, association, or corporation in which such architect or engineer has a pecuniary interest.

9. Penalty for Violation

   Willful violation of any provision of this regulation shall constitute a Class 1 misdemeanor. Upon conviction, any employee, in addition to any other fine or penalty provided by law; shall forfeit his/her employment.

Regulatory Authority

Code of Va., § 11-72 thru 11-80. "Virginia Public Procurement Act."

Related Links

School Board Policy 3-2

Approved by Superintendent: August 14, 1993