CONE OF SILENCE
To ensure a proper and fair evaluation, the Authority has established a cone of silence applicable to all competitive procurement processes, including RFPs, RFQs, and bids. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to award of a contract by the Board. The cone of silence will be imposed on all Competitive Selection Processes beginning with advertisement for the same and ending with the Board’s selection for RFQs and RFPs or the Board’s award for bids.
The cone of silence prohibits any communications regarding a specific RFP, RFQ, or bid between:
Unless specifically provided otherwise in the applicable solicitation document, in addition to the exceptions set forth above, the cone of silence does not apply to:
- A potential respondent (which includes vendors, service providers, bidders, proposers, lobbyists and consultants) and their representative(s) and Authority staff, except for communications with the Authority’s procurement agent or other supporting procurement staff responsible for administering the procurement, provided the communication is strictly limited to procedural matters of the Competitive Selection Process.
- A potential respondent and their representative(s) and a Board member.
- A potential respondent and their representative(s) and any member of the technical evaluation committee.
- A Board member and any member of the technical evaluation committee.
Any violation of the cone of silence by a respondent, or their representatives, will render its response void as well as any awarded contract.
- Communications with Legal Affairs.
- Oral communications at the pre-proposal or pre-bid conference.
- Oral communications during publicly noticed technical evaluation committee meetings including those specifically for presentations, demonstrations or interviews.
- Oral communications during any duly noticed Board meeting.
- Communications relating to protests made in accordance with the Authority’s Procurement protest policy.
- Communications relating to W/MBE with the Authority’s DBE Program Manager for the purposes of verifying W/MBE certification
Any communications regarding matters of process or procedure from a respondent or lobbyist must be submitted to the assigned procurement agent.