The Procurement Code of Conduct

All East Sussex County Council employees must abide by the 'Procurement Code of Conduct'. Employees must declare their interests in existing or potential contractors, and state if the connection is a private, social, domestic or professional one.

The following information is extracted from our organisation’s full code of conduct and details how we conduct our business with suppliers. The numbers correspond with the numbers used in the full code of conduct, and therefore do not run in sequence here.

4. Relationships

4.3 Contractors – You must make known to your immediate supervisor in writing all relationships of a business or private nature with existing contractors, or potential contractors. Orders and contracts must be awarded on merit and no special favour should be shown to businesses in which you have a financial interest or which are run by, for example, friends, partners or relatives. If you have such an interest you must not be involved in any way in awarding any work or orders.

4.4 If you engage or supervise or work with contractors and have previously had or currently have some form of connection in a private, social, domestic or work/professional capacity, you must declare that relationship to your immediate supervisor in writing.

6. Outside commitments and personal/business interests

6.5 You will be required to follow the County Council’s rules on the ownership of intellectual property or copyright if you are responsible for creating any during your employment.

6.6 You must declare in writing to your immediate supervisor any financial or non-financial interests that you consider could bring about conflict with the County Council’s interests.

6.7 You must inform your immediate supervisor in writing if you become aware that the County Council is entering a contract in which you have a direct financial interest. If you hold a comparatively small number/value of shares in a national company you are not required to inform the County Council.

8. Separation of roles during tendering

8.1 If you are:

• involved in the tendering process and are dealing with contractors, you must be clear on the separation of client and contractor roles. Managers who have both a client and contractor responsibility must be aware of the need for accountability and openness
• in a contractor or client unit, you must exercise fairness and impartiality when dealing with all customers, suppliers, other contractors and sub-contractors
• privy to confidential information on tenders or costs for either internal or external contractors, you must not disclose that information to any unauthorised party or organisation
• contemplating a management buyout, you must, as soon as you have formed a definite intent, inform your immediate supervisor and withdraw from the contract awarding processes.

8.2 You must ensure that no special favour is shown to current or recent former employers, employees or their partners, close relatives or associates in awarding contracts to businesses run by them or employing them in a senior or relevant managerial capacity. This applies in relation to County Councillors as well.

10. Gifts

10.1 You should ensure that in no way do you (or any other member of your family) become involved in any conflict of interest in your duties. You must not, either directly or indirectly, accept any gift, reward or benefit from any member of the public or any organisation with whom you are brought into contact by reason of your duties other than:

• modest gifts or gifts of a promotional nature, e.g. calendars, diaries and other similar articles
• gifts on the conclusion of any courtesy visit to a factory or firm of a sort normally given by that firm.

Any other gifts offered or delivered should be returned with a polite and courteous explanation.

10.2 All gifts and offers of gifts (including inducements such as air miles, vouchers etc) must be notified in writing to your immediate supervisor.

10.3 Obviously it is wise to err on the side of caution. A gift which is clearly expensive should raise a question, even if it otherwise falls within one of the categories in 10.1 above. If in doubt, the advice of your immediate supervisor should be sought. The guiding principle should be "when in doubt, opt out". The best safeguard against impropriety or suspicion of impropriety is complete openness.

10.4 The same rules as above shall apply to bequests which must be refused unless of a token nature or unless there are special circumstances approved by your Chief Officer.

11. Hospitality

11.1 You should exercise discretion in offering and accepting hospitality. You should bear in mind how it might affect your relations with the party offering it and how it might be viewed by County Councillors, other potential suppliers/contractors, the public and other officers.

The criteria which determine whether you should accept hospitality from firms or other organisations include:

• whether the invitation comes from a firm likely to benefit from the goodwill of the County Council or from a charity or other organisation which does not have the same kind of vested interest in the outcome
• whether the firm is seeking a contract, or one has already been awarded
• whether the visit is genuinely instructive or constitutes more of a social function
• the scale and location of hospitality, and whether it falls within working hours
• the frequency of the hospitality
• whether it is directed just at you or to a group.

11.2 All hospitality accepted should be properly authorised in advance and recorded in writing.

11.3 Similarly, offers of hospitality that are declined should be recorded.

11.4 When hospitality has to be declined the offeror should be courteously but firmly informed of the procedures and standards operating within the County Council.

11.5 It is always a matter of judgement and common-sense. As a general guide, you should avoid a situation where you are personally entertained by those who want or are likely to want something from you or from the County Council.

Further information

If you would like further information, or to ask for a copy of the complete code of conduct, please contact:

Jonathan Campbell, Corporate Procurement Manager
Tel: 01273 481847
Email: jonathan.campbell@eastsussex.gov.uk