ETHICS IN THE PROCUREMENT POND

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ETHICS
FOR THE PROCUREMENT
PROFESSIONAL
Wiley C. Rowsey, CPPO, VCO
Procurement Director
Virginia Department of Education
Phone: 804-225-3576
e-mail: wiley.rowsey@doe.virginia.gov
CAPA – September 17, 2010
“Three may keep
a secret
if two of them are
dead.”
Benjamin Franklin
DEFINITIONS
• ETHICS: The rules or standards
governing the conduct of the members of
a profession
• INTEGRITY: Rigid adherence to a code
or standard of values
EXAMPLES OF WRONGDOING
Accepting or soliciting gifts
 Allowing a contractor to pay for your meal
 Discussing or accepting a job offer to
influence a contract award decision
 Accepting a special discount for personal
gain
 Doctoring files to change the outcome
 Knowingly accepting product not meeting
specs
 Not reporting wrongdoing

EXAMPLES OF WRONGDOING
CONTINUED
Providing insider info to favorite bidder
 Manipulating outcome so favorite vendor
wins
 Backdating and signing documents
 Splitting orders to avoid competition
 Allowing bidder to change price or sign
bid after opening

COMMON
RATIONALIZATIONS
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“Everyone else does it”
“They’ll never miss it”
“Nobody will care”
“The boss does it”
“No one will know”
“I don’t have time to do it right”
“That’s close enough”
“Some rules were meant to be broken”
“It’s not my job”
CODE OF VIRGINIA
LAWS THAT GOVERN OUR AND THE
VENDOR COMMUNITY CONDUCT
VPPA § 2.2-4367 et seq
State and Local Gov’t Conflict of
Interest Act § 2.2-3100 et seq
Virginia Governmental Frauds
Act § 18.2-498.1 et seq
Code of Virginia searchable
database: http://leg6.state.va.us
HOW SHOULD PUBLIC BODIES PROMOTE
CONFIDENCE IN AND COMPLIANCE WITH
ETHICAL STANDARDS
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Publicly post purchasing rules and procedures
Publicly post code of ethics/standards of
conduct
Conduct ethics training for all staff
Publicly post solicitations/Hold public bid
openings
Make records available for public inspection
Preclude personal interest/influence in a
contract
Be cognizant of back-door selling
Remain independent, free of obligation and
above suspicion
INTEGRITY
KNOWLEDGEABLE
PRINCIPLED
COURAGEOUS
CONSISTENT
HONORABLE
DILIGENT
PATIENCE
ETHICS IN THE
PROCUREMENT FROG
POND
A happy, dancing purchasing
professional when all goes
well
DECISION 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
O’CLOCK NEWS/ABOVE
THE CREASE HEADLINES?
WHAT WOULD YOU DO IF FACED
WITH A POTENTIAL ETHICS ISSUE?
HOW TO SAY “NO” TACTFULLY
• Don’t accuse the other person of being
unethical—instead use “I” statements to describe
your feelings:
 “I have serious concerns about that, and I need
your understanding…”
 “I honestly believe it is wrong because…”
 “I can’t do what I feel is wrong…”
PERSONAL
CONDUCT
 Higher standard for managers &
purchasing professionals
 Public expectation—make right
decisions, be trustworthy
 Vendor expectation—fairness &
honesty
 Be cognizant of laws & policies &
where to look them up
WHAT WERE THEY
THINKING?
News Articles
TEN COMMANDMENTS OF
ETHICAL GOVERNMENT
1.
Be Independent
2.
Act Only in the Public Interest
3.
You Are a Trustee of the Public’s Money
4.
Follow the Law
5.
Strive for Efficiency
TEN COMMANDMENTS OF
ETHICAL GOVERNMENT
6.
Protect the Economy
7.
Take Nothing, Ever
8.
Do Not Socialize with Vendors
9.
Maintain Confidentiality
10.
Do Not Play Favorites
-SWEAT THE SMALL STUFF
-REMEMBER CANDID CAMERA
-DO THE RIGHT THING
-SET THE EXAMPLE
-DON’T 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 o’clock news?
Remember, “Doing the right thing is the one
ingredient that leads to long-term success”
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