Grants Coordination

Cone of Silence

Request for Proposals (RFP) issued by Miami-Dade County are subject to the “Cone of Silence”, in accordance with Miami-Dade County Ordinance 98-106, Amended Ordinance to Section 2-11.1(T), and Administrative Order 3-27.  This Cone of Silence is designed to protect the professional integrity of the procurement process by shielding it from undue influences prior to the recommendation of contract award.

From the time an RFP is advertised until the time the County Manager issues a written recommendation to the Board of County Commissioners, the Cone of Silence prohibits any communication regarding any aspect of the RFP between, among others:

• potential vendors, service providers, bidders, lobbyists or consultants and the County’s professional staff
• the Mayor, County Commissioners or their respective staffs and the County’s professional staff
• potential vendors, service providers, bidders, lobbyists or consultants, any member of the County’s professional staff, the Mayor, County Commissioners or their respective staffs and any member of the respective selection committee.

The provisions do not apply to, among other communications:

• oral communications at pre-application conferences
• oral presentations before selection committees
• contract negotiations during any duly noticed public meeting
• communications with the Vendor Information Center
• communications with the designated Contract Officer or Procurement Agent (provided the communication is limited strictly to matters of process or procedures already contained in an RFP)
• communications in writing at any time with any County employee, official, or member of the Board of County Commissioners (unless specifically prohibited by the applicable RFP) as long as a copy of the written communication is filed with the  Clerk of the Board. 
• oral communications at briefings held by county commissioners and department directors of the department issuing the RFP, RFQ, or bid after the selection committee or other evaluating group makes its recommendation to the County Manager, provided that the briefings are not intended to influence the outcome of the selection committee or other evaluating group’s recommendation to the County Manager; provided; however, that this exception shall not apply to outside groups such as lobbyists or representatives of the responding or bidding companies or entities.

On October 7, 2008 the BCC adopted Ordinance No. 8-111 which ammended the Cone of Silence legislation to allow the following communication previously prohibited:

• County procurement staff listed in the solicitation may communicate verbally with potential bidders or proposers as long as a log is kept on file documenting the date and time of each verbal communication, to whom staff communicated, and the subject of the discussion.
• County procurement staff may speak with procurement staff of other government jurisdictions regarding options or approaches involving a solicitation currently in progress.
• Board member oral briefings by the County Mayor, or designee, are permitted after a Selection Committee has made a recommendation, provided that the communication is not intended to influence the outcome of the recommendation. (Does not apply to representatives from outside groups, lobbyists, or bidders).