§ 2-123. Prohibited communication or lobbying activities by prospective vendors.

(a)

For the purposes of this section 2-123, county person shall mean, members of the board of county commissioners, candidates for county commission, the county administrator, employees of Pasco County serving on a selection committee in which a vendor has a pecuniary interest, any person or entity acting on behalf of Pasco County in a procurement process in which the vendor has a pecuniary interest, selection committee advisors serving a selection committee in which a vendor has a pecuniary interest, and any Pasco County constitutional officer, or representative, involved in a procurement in which the vendor has a pecuniary interest.

(b)

Communication with any county person by a vendor or their representative is prohibited regarding any county procurement made pursuant to this division, in which the vendor has a pecuniary interest, including, but not limited to invitations for bid, requests for proposals, requests for quotations, requests for statements of qualifications, and the award of contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to award, a protest is resolved, or the competitive selection process is otherwise concluded. However, nothing in this section shall prohibit a prospective vendor from contacting the purchasing director or purchasing agent designated in a procurement to address situations such as clarification and/or questions related to the procurement process, the procurement documents or the protest process.

(c)

The prohibition on communication with county persons by vendors and their representatives regarding a procurement in which they have a pecuniary interest begins upon issuance of the solicitation and ends upon final award, when any protest is finally resolved, or when the procurement process is otherwise concluded, whichever occurs later. This prohibition does not apply to communication on other matters in which a vendor may have an interest outside of the solicitation.

(d)

For purposes of this section 2-123, communication shall mean direct or indirect oral or written transmission of information.

(e)

Any communication in violation of this section by a vendor or a vendor's representative's shall result in the disqualification or rejection of the bid, proposal, quotation, statement of qualification or contract award, and may lead to debarment of the vendor.

(f)

Any county person who has received communication from a vendor or vendor's representative regarding a pending procurement in which the vendor has a pecuniary interest shall immediately report the communication to the purchasing director or county attorney.

(g)

The purchasing department shall be responsible for preparing, maintaining, and publicly distributing a list of solicitations, the respective "no-contact" periods, and the authorized contact information for each.

(Ord. No. 18-16, § 15, 6-5-18)

Editor's note

Ord. No. 18-16, §§ 15, 16, adopted June 5, 2018, added a new provision designated as § 2-123, and renumbered the remaining §§ 2-123—2-132 as §§ 2-124—2-133. Historical notations have been retained for reference.