(A) Ethical conduct.
(1) No employee, officer or agent of the city shall participate in solicitation, award or administration of a contract if a conflict of interest would be involved, whether real or merely giving the appearance of a conflict of interest. In addition to activities prohibited by the South Carolina Ethics Act (S.C. Code §§ 8-13-800, et seq.), a “CONFLICT OF INTEREST” would arise when any one of the following has a financial, personal or other interest in the firm or business selected for a city contract, or receives anything of value from the firm or business as a result of the transaction with the city: an employee, officer, agent, or City Council members, including: (1) any member of the person’s immediate family, including but not limited to parents, step-parents, children or step-children, or the spouses thereof; (2) the person’s partner or spouse; or (3) an organization that employs the person, or is about to employ the person within 180 days, one of the above.
(2) It is unethical and unlawful for any employee or former employee to knowingly use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person.
(3) Every activity covered by this policy imposes an obligation of good faith on the employee or agent of the city in the negotiation, performance, and enforcement of the duties of the person in a covered transaction.
(B) Equal opportunity. The policies of the city prohibit discrimination against any person or business who, in pursuit of business opportunities with the city, is discriminated against on the basis of race, color, national origin, religion, sex, age, disability, sexual orientation or any other status protected by law and it is the policy of the city to conduct it’s contracting and procurement programs so as to prevent such unlawful discrimination.
(C) Fair and open competition.
(1) The city promotes the precept of a fair and open competitive solicitation process, wherever feasible. Restrictive or proprietary specifications are to be avoided, unless justified by the department head, and only applied where reasonably necessary to meet technical demands for operational compatibility with existing city equipment and/or operations, or which offer the city the opportunity to obatin unique, cost effective performance applications.
(2) The city may contract with persons other than city personnel for the preparation of specifications. However, no person or entity preparing specifications shall receive any direct or indirect benefit from the utilization of such specifications. In other words, a person or entity preparing specifications on behalf of the city for traditional, publically-bid projects may not negotiate for the design of the projects, but may bid, or negotiate for the construction management of the project, as appropriate. However, in projects using the design-build or similar alternative project delivery methods as provided in § 39.16 herein, where the preparation of the specifications is an integral part of the process, the participation by a person helping prepare specifications is not prohibited.
(Res. 11-003, passed 1-25-11; Am. Ord. 12-028, passed 1-22-13)