The Cone of Silence is imposed on each RFP, RFQ or Bid after advertising and prohibits communication with El Paso Water employees to attempt to influence the purchasing decision.
The Cone of Silence prohibits any communication regarding RFPs, RFQs or Bids between or among:
- Potential vendors, service providers, bidders, or consultants and El Paso Water employees
- Potential vendors, service providers, bidders, or consultants and any member of the Board, the President/CEO, or their respective staff and members of the respective selection committee
The provisions do not apply to:
- Verbal communications with Senior Purchasing Agent or Purchasing Agent, provided the communication is limited strictly to matters of process or procedure contained the solicitation document
- Verbal communication at pre-proposal or pre-bid conferences
- Presentations before selection committees
- Contract negotiations during duly noticed public meetings
- Public presentations made to the President/CEO and/or Board members during a duly noticed public meeting
- Communications in writing at any time unless specifically prohibited by the applicable RFP, RFQ or bid document.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render that proposer's or bidder's RFP, RFQ or bid award voidable.
Any person having personal knowledge of a violation of these provisions shall report such violations to the El Paso Water General Counsel and the Purchasing Agent.
The Cone of Silence applies to any and all potential subcontractors as well.