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April Forum. April 11, 2013. New Program at ASU Beebe. Starting this Fall. Options:. Seeking an associates degree by taking the 60 recommended hours (see slide # 6) May obtain a Certificate of Proficiency by taking only the public procurement section of courses (non-degree seeking student).

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April forum

April Forum

April 11, 2013


New program at asu beebe
New Program at ASU Beebe

Starting this Fall


Options
Options:

  • Seeking an associates degree by taking the 60 recommended hours (see slide # 6)

  • May obtain a Certificate of Proficiency by taking only the public procurement section of courses (non-degree seeking student)

The curriculum is not finalized and currently not on the ASU Beebe website. However, you may now apply to be prepared to start in the fall semester.


Admission status
Admission Status:

  • Degree seeking student:

    • Must make application, provide immunization records, have a placement score (ACT or Compass), high school or college transcript

  • Non-Degree seeking student:

    • Must make application

  • $85/hour plus required fees (classes are 3 credit hours)

Cost:

Most of the 16 week classes will be conducted on-line.


Ethics in procurement

ETHICS IN PROCUREMENT

Conflict of Interest Laws

By Ray S. Pierce, J.D.


Ethics plural noun
ETHICS (plural noun)

  • a system of moral principles

  • the rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc.

    -- Dictionary.com, “Ethics” (last accessed April 9, 2013)


Purchasing ethics
Purchasing Ethics

  • Moral principles or code to be respected and followed by procurement personnel.

  • Prohibits a breach of the public trust by any attempt to realize personal gain by a public employee through conduct inconsistent with the proper discharge of the employee’s duties.

    -- Flynn & Buffington, The Legal Aspects of Public Procurement (2d Ed.), 2010


Words to live by
Words To Live By

Just because an action is legal does NOT mean the action is ethical.

Clearly, the law cannot set out to define all ethical and unethical actions. Our own moral compasses have to guide us.


Arkansas procurement law
Arkansas Procurement Law

The ethics portion of the Arkansas Procurement Law can be found in Ark. Code Ann. § 19-11-701 et seq.


Statement of policy
Statement of Policy

The Legislature set out the overriding policy for state employees AND nonemployees.


The general standard of conduct for employees is that working in government is a public trust. Thus, any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee’s duties is a breach of a public trust.

-- Ark. Code Ann. § 19-11-704(a)


This ethical standard not only applies to state employees, but also to nonemployees.

“Any effort to influence any public employee to breach the standards of ethical conduct set forth in this subchapter is also a breach of ethical standards.”

-- Ark. Code Ann. § 19-11-704(b)


Employee conflict of interest
Employee Conflict of Interest but also to nonemployees.

  • Under Arkansas law, it is a violation of law for any state employee to participate, either directly or indirectly, in any matter pertaining to any contract or subcontract, and any solicitation or proposal, in which to the employee’s knowledge:

  • The employee or any member of the employee’s immediate family has a financial interest;


Employee conflict of interest1
Employee Conflict of Interest but also to nonemployees.

  • A business or organization has a financial interest, in which business or organization the employee, or any member of the employee’s immediate family, has a financial interest; or


Employee conflict of interest2
Employee Conflict of Interest but also to nonemployees.

  • Any other person, business, or organization with whom the employee or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment is a party.

    --Ark. Code Ann. § 19-11-705(a)(1)


What is direct or indirect participation
What is “direct or indirect participation”? but also to nonemployees.

The statute defines “direct or indirect participation” as including (but certainly not limited to) the “involvement through decision, approval, disapproval, recommendation, preparation of any part of a procurement request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.”

-- Ark. Code Ann. § 19-11-705(a)(2)


But who is my immediate family member
But who is my “immediate family member”? but also to nonemployees.

The statute defines “immediate family member” as “a spouse, children, parents, brothers and sisters, and grandparents .”

-- Ark. Code Ann. § 19-11-701(11)


Oh no i think i may have found a possible conflict what do i do
Oh, no! I think I may have found a possible conflict! What do I do?

The statute sets out that procedure as well:

  • Upon discovery of a possible conflict of interest, an employee shall promptly file a written statement of disqualification with the director and shall withdraw from further participation in the transaction involved.

  • The employee may, at the same time, apply to the (DF&A) director … for an advisory opinion as to what further application, if any, the employee may have in the transaction, or for a waiver….

    -- Ark. Code Ann. § 19-11-705(c)


What are these advisory opinions of which you speak
What are these “advisory opinions” do I do?of which you speak?

The ethics laws allows an employee or a contractor for the State (but NOT the State Agency, either for itself or on behalf of either) to ask the DF&A Director to issue a written advisory opinion regarding the appropriateness of the course of conduct to be followed in a proposed transaction.

Following the course of action set out in the advisory opinion will be considered as having followed the ethics portion of the law.

-- See Ark. Code Ann. § 19-11-715(b).


Waivers
Waivers? do I do?

Yep.

Upon request, the director can, if a conflict of interest is found, choose to waive the conflict so as to allow the given transaction to continue if he finds that

  • the ethical conflict is insubstantial or remote, or

  • the best interests of the State are served by granting the waiver.

    -- See Ark. Code Ann. § 19-11-715(c).


Penalties
Penalties do I do?

The code sets out the penalties for violating the ethics laws. Criminal penalties include up to five years imprisonment and up to a $10,000 fine (or both).

-- Ark. Code Ann. § 19-11-702


Penalties1
Penalties do I do?

In addition to criminal prosecution, the code permits civil and administrative remedies as well.


Penalties2
Penalties do I do?

And yes, these penalties apply to non-employees as well.


More in the ethics section
More in the Ethics Section do I do?

There are more restrictions and prohibitions in the Ethics Section, such as laws against:

  • Kickbacks

  • Gratuities (for securing state contracts)

  • Using contingent fees

  • Using confidential information for personal gain

  • Other restrictions and prohibitions on private-sector employment upon leaving state government.

    Read these at your leisure. Don’t read them at your peril.


Now that you know all this
Now That You Know All This do I do?

Remember, government service is a public trust. But to those who may wish to breach that trust for their own personal gain, there’s one more slide.


2013 legislative changes
2013 Legislative Changes do I do?

  • SB422/Act 453 – Exemptions from procurement law

  • HB2031/Act 1020 – Priority buying of surplus property by not-for-profits

  • SB440/Act 308 – Technology access for the blind or visually impaired

  • SB340/Act 554 – Guaranteed Energy Savings

  • HB1383/Act 494 – Making Bidding Requirements Uniform for Historic Sites Contracts


Office supply show
Office Supply Show do I do?

  • Tuesday, May 7th; 12:30

  • UA Cooperative Extension Auditorium

    • 2301 South University Avenue

    • Little Rock, AR

  • Join us for informational presentations and a small vendor exhibit.


Arkansas nigp
Arkansas NIGP do I do?

  • Recently held their annual conference in Hot Springs

  • Had good delegate attendance and vendor exhibitors

  • Chapter meets quarterly, join us!!!

    • Next meeting, May 16th at noon

    • Clinton Airport, Little Rock for a behind the scenes tour of the renovated airport

    • More details will be posted on the www.arnigp.org website.

    • If not a member & on the listserv, contact Peggy Jackson, President at [email protected]


Nigp national meeting
NIGP National Meeting do I do?

  • www.nigp.org

  • Orlando, Florida

  • August 24 – 28th

  • If the ARNIGP Chapter has 10 or more to register, each person receives a 15% registration discount. E-mail Peggy Jackson quickly to let her know you’re interested in attending.

  • [email protected]


Purchasing update

Purchasing Update do I do?

AASIS updates

Susan Rojas

[email protected]

501-683-2255


Status of updates
Status of Updates do I do?

Issue identified – Inability to adopt an Outline Agreement (OA) into a Purchase Requisition (PR)

Identified by OSP during Transparency updates

Linking PR and Purchase Order (PO) with OA allows more accurate reporting

Currently being tested at AASIS

Communication pending

Training material being developed

Not yet in Production

Limited Usage to large OA such as MRO (Grainger) or Office Supplies (Office Depot)


Proposed solution
Proposed Solution do I do?

OA has only material groups

Test OA 4600016588


Go to OSP website at do I do?www.dfa.arkansas.gov to find your commodity or service.

Click on the Commodity name for further information.

To contact OSP master data staff, call 501-324-9316 or email

[email protected]



Outline agreement recap
Outline Agreement Recap groups.

Item Category M – Material Unknown

Contains only required Material Groups

Lump Sum (UoM = ZLS)

Net Price = $1.00

Used only on select OAs


Proposed Solution (cont.) groups.

  • Create your PR at transaction ME51N.

  • Enter your specific agency information such as delivery address, plant, pgroup etc

  • By selecting the matchcode in the material field, we can search by material group on the “M: Material Number/Material Description” tab

  • Enter the material group found on that line of your OA (61500) then hit the green check.

  • Select the Material Number which most closely meets your needs then hit the green check.


Proposed Solution (cont.) groups.

Enter the OA number and line item in the Source of Supply tab or the Agreement and Item fields to link your PR to the OA


Purchase requisition recap
Purchase Requisition Recap groups.

  • Source OA via OSP website

  • Notate Material Groups on OA

  • Must include Material Number on PR that is associated with OA’s Material Group

    • Search in Material field

  • Must use correct PR quantity and Unit of Measure

    • Contact OSP if no alternate found

  • Must include OA number and item number on “Source of Supply” tab


Proposed solution cont
Proposed Solution (cont.) groups.

PR and OA are referenced

PO contains material numbers to make orders more specific

Test PO 4501312922


Alternate Unit of Measure is listed on the Quantities/Weights tab

If not available in material master data, please contact OSP


Proposed solution cont1
Proposed Solution (cont.) Quantities/Weights tab

Image of PO


Purchase order recap
Purchase Order Recap Quantities/Weights tab

  • Can be follow on to PR

  • Must include Material Number associated with OA’s Material Group

  • Must use correct PO quantity and net price

  • Must change OPU (Order Price Unit of Measure)

    • Found on Quantities/Weights tab of PO

    • Order Unit will remain ZLS

    • Ord. Price Unit will reflect actual Unit of Measure

      • EA, PAC, BAG, BOX, BT etc.

  • Must reference OA in PO

    • Adopt required OA lines via “Document Overview”


Have aasis questions or issues
Have AASIS Questions or Issues? Quantities/Weights tab

  • Call ASC Help Desk: 501-683-2255 or

  • Create Help Desk Ticket

    • Select “Help”

    • Select “Create Support Message”

    • Complete message and Save/Send

  • Susan Rojas, Operations

    • [email protected]


Property officer asset manager training
Property Officer & Quantities/Weights tabAsset Manager Training

  • Tuesday, May 21st; 9:30 – 3:00

  • UA Cooperative Extension Auditorium

  • Detailed agenda coming soon!

  • State employees who have responsibility and ultimate

    accountability for the physical assets of their agency should attend.


Upcoming forums
Upcoming Forums: Quantities/Weights tab

  • May 9th

    • Reverse Auctions -Tim Walbert, Pulaski Technology College

  • June 13th

    • Proposed Rules after the 2013 Legislative Session


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