(A) Prohibited communication. Except as set forth in division (C) during the course of a sealed competitive solicitation, a cone of silence shall be in effect between:
(1) Any person or entity that seeks a contract, contract amendment, award, recommendation, or approval related to a sealed competitive solicitation or that is subject to being evaluated or having its response evaluated in connection with a sealed competitive solicitation, including a person or entity's representative; and
(2) The City Manager or any person or group of persons appointed or designated by the City Commission or the City Manager to evaluate, select, or make a recommendation to the City Commission or the City Manager regarding a sealed competitive solicitation, including any member of the selection/evaluation committee.
(B) Effective dates. A cone of silence shall begin and shall end for sealed competitive solicitations as follows:
(1) A cone of silence shall be in effect during a sealed competitive solicitation process beginning upon the advertisement for the sealed competitive solicitation or during such other procurement activities as declared by the City Commission.
(2) The cone of silence shall terminate at the time the City Commission takes final action or gives final approval of a contract, rejects all bids or responses to the sealed competitive solicitation, or takes other action which ends the sealed competitive solicitation process.
(C) Permitted communication.
(1) The cone of silence shall not apply to written or oral communications with legal counsel for the city or the Procurement Department staff for the city.
(2) Nothing contained in this section shall prohibit any person or entity subject to this section from:
(a) Making public presentations, asking questions, or providing feedback at pre-bid meetings, site visits or conferences or at a selection, evaluation or negotiation meeting related to the sealed competitive solicitation.
(b) Engaging in contract negotiations with the entity selected to negotiate the terms of the agreement or with the City Commission during a public meeting.
(c) Making a public presentation to the City Commission during any public meeting related to the sealed competitive solicitation.
(d) Communicating with the person or persons designated in the sealed competitive solicitation as the contact person for clarification or information related to the sealed competitive solicitation. The contact person shall not be a member of the selection/evaluation committee or the person designated to negotiate the agreement, except as otherwise provided for in division (D)(1) above.
(3) The purchasing agent and the City Attorney shall accept written communications from persons or entities subject to this section during the time a cone of silence is applicable to a sealed competitive solicitation.
(D) Violations. Any action in violation of this section shall be cause for disqualification of the bid or the proposal. The determination of a violation and the penalty shall be made by the City Commission.
(E) The cone of silence shall not apply to a competitive process which seeks to enter into a contract or award of money to perform governmental quasi-governmental, social or human services primarily for charitable, benevolent, humanitarian or other philanthropic purposes, such as the award of grants or support assistance to organized nonprofit entities that promote or assist with the care, education, health, standard of living or general welfare of people in the City of Pembroke Pines, or that promote or assist community or neighborhood enhancements.
(Ord. 1924, passed 5-15-19)