Cone of Silence

Notwithstanding any other provision in the specifications, the provisions of Section 2-11.1 Conflict of Interest and Code of Ethics Ordinance, as set forth in subsection (t) “Cone of Silence,” of the Miami-Dade County Code are applicable to this transaction.

The Cone of Silence shall be imposed on this RFP upon its advertisement. The Cone of Silence prohibits the following activities:

1. Any communication regarding this RFP between a potential vendor, service provider, Proposer, lobbyist or consultant and the City’s professional staff;
2. Any communication regarding this RFP between the Mayor, Council members and any member of the Mayor and Council’s professional staff;
3. Any communication regarding this RFP between potential vendor, service provider, Proposer, lobbyist or consultant and any member of a selection committee;
4. Any communication regarding this RFP between the Mayor, Council members and any member of the selection committee therefore;
5. Any communication regarding this RFP between any member of the City’s professional staff and any member of the selection committee; and
6. Any communication regarding this RFP between a potential vendor, service provider, Proposer, lobbyist or consultant and the Mayor or Council

Pursuant to Section 2-11.1(t)(1)(a)(ii), the Cone of Silence shall terminate at the time the Manager makes his/her written recommendation to the City Council. However, if the City Council refers the Manager’s recommendation back to the Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the Manager makes a subsequent written recommendation.

The Cone of Silence shall not apply to:

1. oral communications at pre-bid conferences;
2. oral presentations before selection of evaluation committees;
3. public presentations made to the City Council during any duly noticed public meeting;
4. written communications regarding a particular RFQ, RFP, or bid between a potential vendor, service provider, Proposer, bidder, lobbyist or consultant and the City’s Purchasing Agent or City employee designated responsible for administering the procurement process of such RFQ, RFP, or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;
5. communications with the City Attorney and his or her staff;
6. duly noticed site visits to determine the competency of bidders/Proposers regarding a particular bid/statement during the time period between the opening of bids and the time the City Manager makes his or her written recommendation;
7. any emergency procurement of goods or services pursuant to City Code;
8. responses to the City’s request for clarification or additional information pursuant to COMPLIANCE WITH ORDERS AND LAWS section;
9. contract negotiations during any duly noticed public meeting;
10. communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, Proposer, bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting.
    Violation of the Cone of Silence by a particular bidder or Proposer shall render the RFP award or bid award to said bidder or Proposer voidable by the City Council and/or City Manager. Please contact the City Attorney for any questions regarding Cone of Silence compliance.