§ 2-279. Cone of silence.

(a)

Definitions. For purposes of this section, reference to one gender shall include the other, use of the plural shall include the singular, and use of the singular shall include the plural. The following definitions apply unless the context in which the word or phrase is used requires a different definition:

Affected person means any person, and that person's support staff, appointed, hired, designated, or authorized to evaluate, rank, recommend, or select a vendor or a vendor's response to a competitive solicitation or to make an award in a competitive solicitation process.

Competitive solicitation means a formal process by the city relating to the acquisition of goods or services, which process is intended to provide an equal and open opportunity to qualified persons and entities to be selected to provide the goods or services.

Cone of silence means a period of time during which there is a prohibition on communication regarding a particular competitive solicitation.

Evaluation or selection committee means a group of persons appointed or designated by the city manager or the director of a city office, agency, department, or division, or their designee, to evaluate, rank, select, or make a recommendation regarding a vendor or the vendor's response to a competitive solicitation.

Vendor means any person, entity or individual acting through or on behalf of such person or entity, that has entered into or that lobbies to enter into a contract or seeks an award with the city to provide goods, perform services, render an opinion or provide advice, or make a recommendation related to a competitive solicitation.

Vendor's representative means an owner, individual, employee, partner, officer, or member of the board of directors of a vendor, or a consultant, lobbyist, or actual or potential subcontractor or sub-consultant who acts at the behest of a vendor in communicating regarding a competitive solicitation.

(b)

Prohibited communication. Except as set forth in subsection (e), a cone of silence shall be in effect during the course of a competitive solicitation as provided in subsection (c) between:

(1)

Any person or entity, including a vendor or vendor's representative, that seeks a contract, award, recommendation, or approval related to a competitive solicitation or that is subject to being evaluated or having its response evaluated in connection with a competitive solicitation, and

(2)

Any council member, city manager, or any member of the evaluation or selection committee for a competitive solicitation, or affected person as defined in subsection (a)(1).

(c)

Effective dates. A cone of silence shall begin and shall end for a competitive solicitation within the scope of this section as follows:

(1)

For any council member or the council's staff, a cone of silence shall be in effect during a competitive solicitation beginning at the time of issuance of the solicitation.

(2)

The cone of silence shall terminate at the time the city council or other authorized person makes a final award or gives a final approval of a contract, rejects all bids or responses, or takes other action which ends the competitive solicitation. If the city council defers the matter to a future date, then the cone of silence shall continue until such time that the city council acts to end the competitive solicitation process.

(d)

Notice. When the cone of silence becomes effective for a competitive solicitation, the finance director, or designee, shall provide public notice of the effectiveness of this section to the competitive solicitation. The public notice shall include a statement that generally discloses the requirements of this section and, if any, the solicitation information for the goods or services.

(e)

Permitted communication.

(1)

Nothing in this section shall prohibit a council member, the city manager, or city employees from communicating with each other.

(2)

The cone of silence shall not apply to communications with the purchasing division, city attorney and legal personnel, or other city personnel, provided that such person is not a member of the evaluation or selection committee appointed for the competitive solicitation or an affected person as defined in subsection (a)(1).

(3)

Nothing contained in this section shall prohibit any vendor or vendor's representative:

a.

From making a public presentation during a public meeting: pre-bid conferences or at a selection meeting related to the competitive solicitation:

b.

From engaging in contract negotiations during a public meeting related to the competitive solicitation:

c.

From communicating with the person or persons designated in the competitive solicitation as the contact person for clarification or information related to the competitive solicitation; or

d.

From communicating in writing as provided in subsection (4) below.

(4)

The purchasing manager, or designee, shall accept written communications from a vendor or vendor's representative during the time a cone of silence is applicable to a competitive solicitation. Such writing, including any response thereto, shall be formalized in writing and issued as an addendum to the competitive solicitation.

(f)

Violations.

(1)

A complaint alleging a violation of this section may be filed with the purchasing manager. In each such instance, an investigation shall be performed by the purchasing manager and the results of each investigation, including a determination of violation, if any, shall be set forth in a written report. If there is a determination of violation, the vendor or vendor's representative shall be subject to disqualification, suspension and/or debarment procedures, as set forth in chapter 2, article VI, section 2-276 of the City Code of Ordinances.

(2)

A copy of the report and notice of the disqualification, suspension and/or debarment procedures, as provided for in this subsection (f), shall be provided to the vendor and any person who has been investigated.

(3)

A person or vendor who is determined by the purchasing manager to have violated this section may appeal a disqualification within the time and in the manner provided in section 2-277; and may appeal a suspension and/or debarment determination within the time and in the manner provided in section 2-276(e) both of the City Code of Ordinances. If the determination is appealed and a final decision is rendered, the decision shall be the final determination. If no appeal is timely filed or if no final determination is made, the determination of the purchasing manager shall be final.

(4)

After a determination becomes final, a copy of the report or final decision shall be furnished to council, the vendor, and any person who was investigated.

(5)

A determination of violation shall render any award to a vendor who is found to have violated this section voidable, at the sole discretion of council.

(Ord. No. 2017-12 , § 1, 7-18-2017)