CODE OF SILENCE
The District's procurement of goods and services through competitive methods, as provided in policy CAA (REG), shall be governed by a Code of Silence.
"Code of Silence" shall mean a prohibition on any communication regarding any competitive procurement as defined in policy CAA (REG) between:
1. Any person who seeks an award from the District or its affiliated entities, including a potential vendor or vendor's representative; and
2. The Superintendent or any chief, officer, assistant superintendent, executive director, principal, department head, director, manager, or other District representative who has influence on or is participating in the evaluation or selection process.
"Vendor's representative," for purposes of policy CAA (REG), shall mean an employee, partner, director, Board member or officer of a potential vendor or consultant, lobbyist, actual or potential subcontractor of a vendor, or any other individual or for-profit or nonprofit organization acting through or on behalf of any person seeking an award on behalf of a group of interested individuals or members.
The Code of Silence period applies to the acquisition of goods or services using the procurement methods as defined in policy CAA (REG).
The Code of Silence time period shall automatically begin upon the execution of a Solicitation Request Form which requests the issuance of an RFP, bid, or other competitive procurement as defined in policy CAA (REG) and will officially end upon execution of the awarded contract by all required parties.
Additionally, the Superintendent or designee may invoke the Code of Silence at any time for any existing or anticipated procurement of goods or services. The authority of the Superintendent or designee to invoke the Code of Silence extends to any procurement method and is not limited to those procurement methods identified in this regulation.
Regardless of the above time period, it is not acceptable for a potential vendor to participate in determining the scope of work, strategic direction, technical specifications, or evaluation criteria of such projects in a manner that limits fair and open competition.
The District shall notify the appropriate District parties when a procurement has entered the Code of Silence period by maintaining notice on this web page of all current procurements that are in the Code of Silence period.