SPECIAL ASSISTANT FOR PROJECTS/TRAINING Wynona Bryant-Williams, Ph.D. Child Nutrition Unit

What must I do!! Is this ethical?? So much to learn!! This is confusing!! What will happen if I break these rules?? RULES RULES RULES!! Why can’t I except this gift?? Who will know!!

PROCUREMENT What is procurement? Procurement is a multi-step process for obtaining goods, products, and/or services at the best possible price

WHAT IS THE FIRST STEP IN BEING SUCCESSFUL? PLANNING

CODE OF CONDUCT – 7 CFR CFR Part (b) (3) A School Food Authority (local school district) “will maintain a written code of conduct governing the performance of their (SFA) employees engaged in the award and administration of the contract. No employee …shall participate in selection or in the award or administration of a contract supported by Federal funds if a conflict or interest, real or apparent would be involved.“

7 CFR PART (B) (3) (IV) This regulation states: "…employees…will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties….“

WRITTEN CODE OF CONDUCT MUST INCLUDE THE FOLLOWING STRATEGIES: PROHIBIT EMPLOYEES FROM SOLICITING GIFTS

WRITTEN CODE OF CONDUCT MUST: Prohibit employees from travel packages

WRITTEN CODE OF CONDUCT MUST (CONT’D) PROHIBIT EMPLOYEES FROM OTHER INCENTIVES FROM PROSPECTIVE CONTRACTORS

WRITTEN CODE OF CONDUCT MUST (CONT’D) PROHIBIT AN EMPLOYEE FROM PARTICIPATING IN THE SELECTION, AWARD AND ADMINISTRATION OF ANY CONTRACT TO WHICH AN ENTITY OR CERTAIN PERSONS CONNECTED TO THEM, HAVE FINANCIAL INTEREST

PRACTICE ETHICAL BEHAVIOR WHAT DO CHILD NUTRITION EMPLOYEES DO WHEN THERE IS NOT SUBSTANCIAL FINANCIAL INTEREST INVOLVED – I.E. CALENDARS, COFFEE MUGS: SET STANDARDS

STANDARDS (CONT’D) MUST PROVIDE FOR DISCIPNARY ACTIONS IF STANDARDS ARE VIOLATED

APPROPRIATE ACTION MUST BE TAKEN IF 7CFR 3016 IS VIOLATED TEMPORAILY WITHHOLD CASH PAYMENTS PENDING CORRECTION

Accountability to Taxpayers Accountability of the effective use of SNP funds to provide nutritious food to enrolled children is of

interest to the taxpayer, Congress, and the media. Transparent means that everything done by

the SFA must be clear, forthright, and out in the open. Transparency in the procurement process

will lead to accountability and cost effectiveness, which are especially important in federally

funded programs such as SNPs. Ultimately, the state and local officials who administer these programs are accountable to taxpayers for the way in which they use program funds.

WHAT HAPPENS IF I BREAK THE RULES??? Take one or more of the following actions: Temporarily withhold cash payments pending correction of the deficiency

CONSEQUENCES FOR BREAKING RULES (CONT’D) Disallow all or part of the cost of the activity or action not in compliance

CONSEQUENCES FOR BREAKING RULES (CONT’D) Wholly or partly suspend or terminate the current award for the grantee’s and sub grantee’s program

CONSEQUENCES FOR BREAKING RULES (CONT’D) Withhold further awards for the program, or TAKE LEGAL REMEDIES

RESPONSIBILITY OF THE SCHOOL FOOD AUTHORITY (SFA) Required to submit a Written Code of Conduct for Employees involved in a Procurement in the Child Nutrition Program as part of the Procurement section of the Agreement between ADE and the SFA for the School year

The SFA should consult legal counsel for guidance on necessary board action for implementing this REQUIRED CODE OF CONDUCT

GUIDANCE SHOULD INCLUDE: How to respond when: A gratuity – a favor – or item with monetary value is offered

When there is doubt concerning the appropriateness of accepting gifts consider the following: How would the public perceive this action????

Will acceptance of the gift, favor, etc. possibly influence a future purchasing decision??

I understand now!! Following rules is always the right thing to do!!