To ensure a proper and fair evaluation, the Authority has established a cone of silence applicable to all Competitive Selection Processes, including RFPs, RFQs, ITN, and ITBs. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences. 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 ITNs and ITBs.
The cone of silence prohibits any communications regarding a specific RFP, RFQ, ITN, or ITB between:
- A potential respondent (which includes vendors, service providers, bidders, proposers, lobbyists and consultants) and their representative(s) and Authority staff or Authority consultants engaged to assist the Authority on a specific RFP, RFQ, ITN, or ITB, 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 or negotiation team.
- A Board member and any member of the technical evaluation committee or negotiation team.
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:
- Communications with Legal Affairs.
- Oral communications at the pre-proposal or pre-bid conference.
- Oral communications during publicly noticed technical evaluation committee meetings that are specifically for presentations, demonstrations or interviews.
- Oral communications during publicly noticed negotiation meetings.
- Oral communications during any duly noticed Board meeting.
- Communications relating to protests made in accordance with the Authority’s Procurement protest policy.
Any violation of the cone of silence by a respondent and their representative(s) will render voidable their response as well as any resulting contract awarded to them.
Any communications regarding matters of process or procedure from a respondent or lobbyist must be submitted to the assigned procurement agent.