67-9233. ETHICS IN PROCUREMENT. (1) It is the intent of the legislature that all persons involved in the process of procuring property for the state conduct themselves in a manner that protects the public interest and fosters confidence in the integrity of the process. To that end, this section shall apply to all such persons, including:
(a) State officers, even if the officer or officer’s employer is excluded from the definition of "agency" under section 67-9203, Idaho Code;
(b) State employees, even if the employee works for an officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code; and
(c) Vendors or any person acting on behalf of a vendor.
(2) In any matter relating to state procurement, it is an unethical breach of the public trust to:
(a) Knowingly attempt to realize personal gain through state office or employment by any conduct inconsistent with this chapter or any other applicable law or rule;
(b) Attempt to influence a state officer or employee to violate the policy or provisions of this chapter or any other applicable law or rule; or
(c) Knowingly violate an applicable law or rule.
(3) Subject to due process requirements, and in addition to any other administrative, civil or criminal sanctions provided by law or rule, a state employee’s supervisor may impose the following sanctions on the employee for an unethical breach of the public trust:
(a) A reprimand or warning, either oral or written;
(b) Suspension with or without pay for a specified period of time; or
(c) Termination of employment.
(4) In addition to any other administrative, civil or criminal sanction provided by law or rule, a vendor who commits an unethical breach of the public trust, or whose advocate or representative commits an unethical breach of the public trust, may be disqualified pursuant to section 67-9217, Idaho Code.
History:
[67-9233, added 2016, ch. 289, sec. 4, p. 805.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 92 - STATE PROCUREMENT ACT
Section 67-9201 - SHORT TITLE.
Section 67-9202 - DECLARATION OF POLICY.
Section 67-9203 - DEFINITIONS.
Section 67-9204 - DIVISION OF PURCHASING — ADMINISTRATOR.
Section 67-9205 - POWERS AND DUTIES OF THE ADMINISTRATOR.
Section 67-9206 - DELEGATION OF AUTHORITY.
Section 67-9207 - PROCUREMENT TRAINING.
Section 67-9208 - SOLICITATIONS.
Section 67-9210 - AWARD OF CONTRACT.
Section 67-9211 - MULTIPLE AWARDS.
Section 67-9212 - CONTRACTS SHALL BE IN WRITING.
Section 67-9213 - CONTRACTS IN VIOLATION OF PROVISIONS OF THE ACT.
Section 67-9214 - ACCEPTANCE OF PROPERTY.
Section 67-9215 - PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION.
Section 67-9216 - OPEN CONTRACTS.
Section 67-9217 - DISQUALIFICATION OF VENDORS.
Section 67-9218 - PAYMENT OF CONTRACTORS.
Section 67-9219 - CONTRACT OVERSIGHT.
Section 67-9220 - INVENTORIES.
Section 67-9221 - NONCOMPETITIVE AND EMERGENCY PROCUREMENTS.
Section 67-9222 - NONOWNED PROPERTY.
Section 67-9223 - EXCHANGE OF STATE PROPERTY.
Section 67-9224 - COOPERATIVE AND GROUP DISCOUNT PURCHASING.
Section 67-9225 - PROCUREMENT BY STATE INSTITUTIONS OF HIGHER EDUCATION.
Section 67-9227 - CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS.
Section 67-9229 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
Section 67-9230 - PROHIBITIONS.
Section 67-9232 - CHALLENGES AND APPEALS.