Integrated CSU Administrative Manual

CSU POLICY

Section:  CSU POLICY MANUAL FOR CONTRACTING & PROCUREMENT

Section 5000 Policies

Policy Number:  5210.0

Policy Title: Prohibited Practices

Policy Effective Date:  March 3, 2003

Last Revision Date:  
(see revision history)

POLICY OBJECTIVE

This policy articulates the CSU’s requirements related to prohibited practices to ensure procurement and contracting activities are in compliance with applicable regulations.

POLICY STATEMENT

100 Personal Use of Information

Unless specifically stated within the terms and conditions of an employment or contractual relationship, it is unlawful for a person to utilize any CSU or CSU auxiliary organization information, that is not a matter of public record, for personal pecuniary gain. Prohibition of such utilization applies whether or not a person is or is not so employed or under contract at the time the gain is realized.

200 Deleted (not applicable)

300  Appropriation of State Property or Services

No CSU employee shall acquire any goods from the CSU, unless the goods are offered to the general public in the regular course of the CSU's business on the same terms and conditions as those applicable to the employee.
Misrepresentation to vendors or contractors that personal acquisitions are for the CSU, when they are not, is prohibited and can result in prosecution for misrepresentation, embezzlement, and theft.

400  Conflict of Interest

    1. It is unlawful for any person to utilize any information, not a matter of public record, that is received by that person by reason of his or her employment by, or contractual relationship with, the Trustees, the California State University, or an auxiliary organization of the California State University, for personal pecuniary gain, not contemplated by the terms of the employment or contract, regardless of whether the person is or is not so employed or under contract at the time the gain is realized.
    2. Consulting agreements must be in compliance with conflict of interest requirements as specified in ICSUAM Policy 5412.00 Special Processing Requirements for Contracts, Section 1000 Consulting Agreements.
    3. No CSU employee may make or participate in the making of any decision in which the employee has a personal financial interest.
    4. Employees designated in the CSU Conflict of Interest Code must disqualify themselves from making or participating in a decision which would have a material effect on a personal financial interest.
    5. Employees designated in the CSU Conflict of Interest Code may not accept any gift of more than $250 in any calendar year from any source which is disclosable in the CSU Conflict of Interest Code.  In addition, such employees must disclose gifts totaling $50 or more from any single source during any one reporting period on California Form 700, Statement of Economic Interest.

500  Commercial Endorsements of Products or Services

Officers and employees of the CSU, in their official capacities, are prohibited from endorsing any commercial product or service.

600  Misuse of the Name "California State University"

The name "California State University" is the property of the State. No person shall use this name, or any abbreviation of it, or any name of which these words are a part, without the permission of the Trustees.

700  Restrictive Specifications 

No campus shall draft or cause to be drafted, any specifications for solicitations that are unnecessarily restrictive in such a manner as to limit, directly or indirectly, the opportunity for contract award to any one firm.

800  Splitting Orders or Contracts 

Splitting of purchases or contracts in order to avoid or circumvent legal or policy requirements, including but not limited to competitive solicitation requirements, is prohibited.

900  Advance Payments

Payment in arrears is the prescribed method of remitting payments for acquisitions. The CSU must have received appropriate return and/or in-kind value in order for consideration to be paid. Advance payments are permitted, whenever specifically authorized in law or determined to be in the best interest of the CSU.

1000  Prohibition of Labor Abuse

A. License Agreements
This policy shall apply to all licensing agreements with the California State University (CSU) or a CSU affiliated enterprise authorizing a licensee to manufacture products bearing the name, logo, or image of the CSU.
This policy shall include each contractor, subcontractor, vendor, or manufacturer that is engaged in a manufacturing process including assembly and packaging of a CSU licensed product. The CSU is opposed to any acts or omissions by a licensee that would constitute labor abuse. Officers and employees of the CSU and its auxiliary organizations will use their best efforts to ensure that licensees adhere to non-abusive labor practices, including the provision of safe and healthful working conditions.

B. Procurement Contracts
All CSU contracts for the procurement or laundering of apparel, garments or corresponding accessories or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, shall require the contractor to certify that it has maintained a “sweat-free” workplace in compliance with Public Contracts Code Section 6108 and that they adhere to the Sweatfree Code of Conduct as set forth by the California Department of Industrial Relations. A copy of the code is located at:
 http://www.calstate.edu/business_community/

The certification requirement does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which each campus is purchasing goods by credit card. It shall be the responsibility of each campus to monitor the use of this exemption and adhere to these restrictions on these purchases.

 

APPLICABILITY AND AREAS OF RESPONSIBILITY

 

REVISION HISTORY

  • January 31, 2014 (Annual Review conducted with no change to policy.)

 

RESOURCES AND REFERENCE MATERIALS

Useful Guidelines:

 

Related Principles:

 

Sound Business Practices:

 

Laws, State Codes, Regulations and Mandates:

  • Education Code 89036
  • Education Code 89006
  • Education Code 89006 and 89909. Government Code sections 1090, 87100, 87103 and 89503.  Public Contracts Code sections 10830, 10831, 10832 and 10420. 2. CCR 18700 et seq, 5CCR 43810, Contract Resource Library document CRL 056
  • Education Code 89005.5 (a) (2); Trustees' Resolution 63-16, July 1963 page 602
  • Education Code 89005.5
  • Public Contracts Code 10318, 10339
  • Public Contract Code 10312; CCR Title 2, Sec. 679; Government Code 11257
  • Public Contract Code 10334; Penal Code Sec. 72
  • EO 718, Public Contracts Code Section 6108
  • ICSUAM Policy 5412.00 Special Processing Requirements for Contracts, Section 1000 Consulting Agreements

 

COGNIZANT OFFICE(S)

CO Manager:

Tom Roberts
Director, Contract Services & Procurement
CSU Office of the Chancellor
troberts@calstate.edu

Subject Expert:

Tom Roberts
Director, Contract Services & Procurement
CSU Office of the Chancellor
troberts@calstate.edu

Affinity Group:

Procurement and Support Services Officers

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