Communications and Cone of Silence
(the following shall be inserted in all Formal Procurements)
Any communication between any potential vendor, service provider, bidder, lobbyist or consultant and any Board Member, staff member, committee member, or consultant of SFRTA regarding this procurement are strictly prohibited from the date on which the solicitation advertisement appears on SFRTA’s website or newspaper through the date of contract award and from the date of the filing of any notice of protest of award through resolution for the parties involved in the protest or contract award, whichever is longer.
The only exceptions to this are: (i) any communications with the Procurement Director or SFRTA’s designed point of contact; (ii) site visits to the apparent low bidder’s or apparent successful proposer’s facilities (iii) any communications made on the record at a publicly noticed meeting of SFRTA, or (iv) negotiation meetings held by the Procurement Director.
It may be determined that other Contracts such as Sole Source Procurements may include a Cone of Silence provision and if so, the Cone of Silence language may be modified for that specific Procurement.
Any violation of the Code of Silence requirements shall constitute grounds for immediate and permanent disqualification of the offending firm and possible debarment or suspension. At the Procurement Director’s sole discretion, it may also serve as grounds for the voiding of any Contract with the violator and/or to temporarily or permanently debarring the violator from future work with SFRTA.
The SFRTA Procurement Department makes every effort to maintain a good working relationship with all vendors who supply materials and services and continuously seeks the advice and counsel of the vendor community concerning improvements of such relationships. It is strongly believed that this process further fosters SFRTA’s on-going efforts in providing an ethical, equitable, fair and transparent procurement process.