6324 - CONE OF SILENCE

The School Board of Polk County

Bylaws & Policies

Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the bylaws and policies of The School Board of Polk County were adopted on November 12, 2013 and were in effect beginning November 12, 2013.

6324 - CONE OF SILENCE

A cone of silence is hereby established for all competitive selection processes including Invitations to Bid (ITB), Requests for Proposals (RFP), and Invitations to Negotiate (ITN) for the provision of goods and services. The cone of silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award. This cone of silence shall be imposed on these procurements after advertisement of same.

The cone of silence prohibits any communication regarding a particular ITB, RFP, or ITN between:

	A.	a potential vendor, service provider, bidder, lobbyist, or consultant and the staff of the District, including school principals; and
	B.	a potential vendor, service provider, bidder, lobbyist, or consultant and any one (1) or more of the Board members or member-elects.

Unless specifically provided otherwise in the applicable ITB, RFP, or ITN, the cone of silence does not apply to the following:

	A.	Communications between a potential vendor, service provider, bidder, lobbyist, or consultant and the District's purchasing department.
	B.	Communications between a potential vendor, service provider, bidder, lobbyist, or consultant and the District's facilities department, when said communication pertains to competitive acquisitions administered by that department (e.g., Architect/Engineer (A/E) selection, capital projects).
	C.	Communications between a potential vendor, service provider, bidder, lobbyist, or consultant and the District's staff attorney or School Board attorney.
	D.	Communications at duly noticed pre-bid meetings and site visits prior to bid opening or post bid-opening meetings and site visits, which are administered by either the purchasing department or the facilities department, prior to issuance of a written recommendation of contract award.

The cone of silence commences after the advertisement of the IFB, RFP, or ITN. Competitive procurements are advertised via the internet or in a local, regional, or Statewide publication of wide distribution.

The cone of silence terminates at the time the written recommendation from the purchasing department or facilities department regarding contract award is either presented to the Superintendent for approval or the Board for action; provided, however, that communications are permitted when the Board receives public comment at the meeting when the recommendation is presented.

The purchasing department and facilities department shall ensure that all solicitations include provisions describing the requirements and prohibitions of the cone of silence, including how a potential vendor, service provider, bidder, lobbyist, or consultant may communicate with District personnel.

Any person, whether employed by the District or not, who knowingly violates a provision of this policy shall be prohibited from serving on a District competitive selection committee.

Violation of this policy by a particular bidder, proposer, respondent, and/or representative may, at the discretion of the District, result in rejection of said bidder, proposer, respondent, and/or representative's bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable.

In addition to any other penalty provided by law, violation of this policy by a District employee shall subject said employee to disciplinary action up to and including dismissal from service.