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3542.45 Written Code of Conduct for Procurement



Written Code of Conduct for Procurement for Child Nutrition Program

In accordance with the provisions of 18A:18A-1 et seq NJ Public School Contract Law, 21 CFR Part 200, 318, CFR Part 3019.42 and the policies dealing with purchasing of this district, al procurement must ensure that there is open and free competition and adhere to the most restrictive federal/state/local requirements.

This district seeks to conduct all procurement procedures in compliance with stated regulations and to prohibit conflicts of interest and actions of employees engaged in the selection, award and administration of contracts.

No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal, state, or local award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.

The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. Based on the severity of the infraction, the penalties could include a written reprimand to their personnel file, a suspension with or without pay, or termination.

Adopted: May 20, 2019


Key Words

School Lunch, Food Service, Nutrition, Wellness,

Legal References: N.J.S.A. 18A:18A-1 et seq NJ Public School Contract Law

N.J.S.A. 18A:18A-5 Exceptions to requirement for advertising

N.J.S.A. 18A:18A‑6 Standards for purchase of fresh milk; penalties; rules and regulations

N.J.A.C. 6A:23-2.6 Supplies and equipment

21 CFR Part 200,318

CFR Part 3019.42


Cross References: *3542 Food Service

*3542.31 Free or reduced‑price lunches/milk

*3542.44 Purchasing

*5131 Conduct/discipline

*Indicates policy is included in the Critical Policy Reference Manual.

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