POLICY:  DJH

EFFECTIVE DATE:  4/3/24

CANCEL SHEETS DATED: 12/7/16

REVIEWED BY POLICY COMMITTEE:  2/21/24

PURCHASING AND CONTRACTING: PROCUREMENT

STAFF CODE OF CONDUCT

Conflict of Interest

         All employees of RSU #74 shall perform their duties in a manner free from conflict of interest to ensure 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 RSU #74 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 arises 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 shall investigate the circumstances of the proposed transaction.  The superintendent shall exercise due diligence in investigating the circumstances of the transaction and, if necessary, makes 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 RSU #74 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 shall investigate and make a determination regarding the transaction.                                                         

Violations

         Employees of RSU #74 who violate any of the above provisions may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.

Dispute Resolutions

         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, laws 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 RSU #74 Board.  The superintendent will provide reasonable notice to the bidder or respondent of the time for the RSU #74 Board’s consideration of the protest.  The RSU #74 board’s decision is 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