Sample Code of Conduct Tt

THE REPUBLIC OF TRINIDAD AND TOBAGO

CODE OF CONDUCT
RELATIVE TO PUBLIC SECTOR PROCUREMENT

TERMS & DEFINITIONS:

1. “Office” refers to the Office of Procurement Regulation as provided for and created by Part 2, section 9 of the Public Procurement and Disposal of Public Property Act No.1 of 2015.
   
2. “Officer” refers to any and all persons employed under/by the Office, and includes members appointed to the Procurement Board as established by section 10 of the Public Procurement and Disposal of Public Property Act No.1 of 2015.
   
3. “Procurement Entity” refers to a public body engaged in procurement proceedings.
   

PART A:
GENERAL GUIDELINES

1. An Officer shall arrange his private interests whether pecuniary or otherwise in such a manner as to maintain public confidence and trust in his integrity.
   
2. An Officer shall scrupulously preserve his political independence in the discharge of his professional duties.
   
3. An Officer shall not engage in any other business or occupation if doing so may cause him to cease to be independent.
   
4. An Officer shall ensure that he performs his functions and administers the public resources for which he is responsible in an effective and efficient manner.
   
5. An Officer shall be fair and impartial in exercising his public duty and shall not afford undue preferential treatment to any group or individual.
   
   
6. An Officer shall defend the interests of the Office without fear of ministerial/judicial disfavour or public unpopularity and without regard to any unpleasant consequences to himself or to any other person.
   
7. An Officer owes a duty to the State/office to maintain its integrity, its constitution and its laws and not to aid, abet or assist anyone to act in any way contrary to those laws.
   
8. An Officer shall maintain a respectful attitude towards the Office and shall not engage in undignified or discourteous conduct which is degrading to the Office.
   
9. No Officer shall be a party to or shall undertake any project or activity involving the use of public funds in disregard of the Financial Orders or other Regulations applicable to such funds.
   
10. An Officer shall support the Office against unjust criticisms.
    
11. The conduct of an Officer towards his fellow Officers shall be characterized by courtesy, fairness and good faith and all personal conflict between Officers should be scrupulously avoided.
    
12. An Officer shall reply promptly to letters from other Officers making inquiries on behalf of the Office/State.
    
13. An Officer shall not give a professional undertaking that he cannot fulfil, and he shall fulfil every such undertaking that he gives.
    
14. Every Officer is under a duty to report improper or unprofessional conduct by a fellow Officer to the Office? Save where the information relating to the improper or unprofessional conduct is received in professional confidence in which case he must respect the duty of silence imposed in such circumstances.
    
15. Where an Officer has been sent money, documents or other things by a colleague which, at the time of sending, are expressed to be sent only on the basis that the Officer to whom they are sent will receive them on his undertaking to do or refrain from doing some act, the receiving Officer shall forthwith return whatever was sent if he is unable to accept them on such undertaking, otherwise he must comply with the undertaking provided the undertaking does not involve any such act or omission which constitutes any illegal act or breach of this Code.
    
16. Where in any particular instance explicit ethical guidance does not exist, an Officer shall determine his conduct by acting in a manner that promotes public confidence in the integrity and efficiency of the Office and the procurement process.
    

PART B:
SPECIFIC GUIDELINES

GIFTS/UNDUE INFLUENCE:

1. Officers are prohibited from soliciting or accepting gifts having more than a nominal value where it could reasonably be inferred that the gift was intended to influence them or could reasonably be expected to influence them, whether directly or indirectly, in the performance of their official duties or was intended as a reward for any official action on their part.
   17.1        Gifts include a fee, personal benefit, property and excludes compensation authorised by the law.
   17.2        This rule does not apply to a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilities of the Office.
   17.3        Where the gift referred to in 17.2 exceeds five thousand dollars ($5,000.00) in value or where the total value received directly or indirectly from one source in any twelve month period exceeds five thousand dollars ($5,000.00), an Officer shall file with his declaration, a statement indicating the nature of the gift or benefit, its source and the circumstances under which it was given or accepted.
   
2. An Officer is prohibited from accepting multiple gifts from a single donor on a regular basis, even if those gifts are of nominal value.
   
3. An Officer is absolutely prohibited from receiving gifts from a disqualified source.
   19.1        Disqualified sources include potential suppliers of goods/services to be procured and all other procurement entities.
   19.2        Further to Rule 19.1, disqualified sources also include persons or entities that are regulated by, do business with, appear before or negotiate with the Office, lobbies or has litigation pending against the Office, applies for or receives funds from the Office or contracts with the Office.
   

CONFLICT OF INTEREST:

1. An Officer is prohibited from engaging in transactions with any entity where the Officer has a financial interest that can conflict with their duties.
   
2. An Officer is prohibited from making investments which may be directly related to the Officer’s decisions or which may otherwise substantially conflict with the Officer’s duties.
   
3. An Officer is prohibited from using his position to secure any unwarranted privileges for himself or others.
   
4. An Officer shall not be involved in a decision to appoint/employ a relative.
   
5. An Officer is prohibited from conducting business for or on behalf of the Office, Public Entity, State Enterprise with a company which may be owned/co-owned by the Officer or any relative.
   
6. An Officer must not own shares in or work for organisations that have dealings with the Office.
   
7. An Officer is prohibited from influencing or participation in a decision to award contracts where he is connected to a persons or body that submitted an application or tender.
   

POST-EMPLOYMENT RESTRICTIONS:

1. An Officer may not solicit an employment opportunity with any entity or individual that has a specific pending matter before the Office/State; and only may, 30 days from the time a matter is closed or the Officer has no further involvement because of recusal or reassignment, solicit an employment opportunity.
   
2. Officers who receive an unsolicited employment-related communication from such an entity or individual:
   28.1        cannot pursue employment with the entity or individual; or

28.2        Must recuse themselves from the matter and any further official contact with the entity or individual and wait 30 days from such recusal before entering into post-employment communications with the entity or individual.

1. Officers must promptly notify their supervisors of such employment-related communications whether or not they intend to pursue the employment opportunity.
   

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