Welcome to FloridaProcurements.com (FlaProc), your authoritative resource for navigating Florida’s government contracting landscape, with particular focus on transportation and technology opportunities. FlaProc provides free, expert guidance to help companies identify and secure state contracting opportunities throughout Florida.

This resource is maintained by Attorney Sean Gellis of Gellis Law, PLLC, one of less than 75 attorneys Board Certified in State and Federal Government and Administrative Practice by The Florida Bar. Mr. Gellis brings unique insight to government contracting, having served as General Counsel of the Florida Department of Transportation (FDOT) and Chief of Staff of the Florida Department of Management Services (DMS)—positions that provided direct oversight of major transportation and technology initiatives. His record in bid protest litigation reflects the sophisticated advocacy and strategic thinking he brings to government contracting matters, particularly in complex transportation and technology procurements.

Here’s a link to my Free Guides.

The Cone of Silence: A Former FDOT General Counsel’s Warning About This Critical Procurement Rule

During my tenure as General Counsel of the Florida Department of Transportation, I witnessed a sobering example of how misunderstanding procurement rules can cost companies millions in lost opportunities. A major international company lost its chance to bid on Florida’s massive Sunpass toll system contract – not because of their capabilities or pricing, but because they violated a seemingly simple rule known as the “cone of silence.”

Understanding the Cone of Silence

Let me share something that many companies don’t realize: Florida’s procurement rules include a strict communication blackout period that can make or break your bid. This “cone of silence,” found in section 287.057(25), Florida Statutes, might seem like a mere procedural requirement, but I’ve seen it end procurement dreams faster than any other violation.

Think of it this way: From the moment a solicitation is posted until 72 hours after the award notice, you can only communicate about the procurement in writing to the designated procurement officer. That’s it. No calls to agency leadership, no emails to program staff, no reaching out to your government contacts. The rule exists to ensure every bidder stands on equal footing, regardless of their connections or influence.

A Cautionary Tale from the Trenches

Let me tell you about a case I handled personally that illustrates just how seriously agencies take these restrictions. An international company, Egis Projects, was bidding on a major contract to operate Florida’s Sunpass system. When they encountered submission issues, instead of working through proper channels, their executives tried to solve the problem by calling the FDOT Secretary’s personal cell phone and sending direct emails to leadership.

These might seem like innocent attempts to resolve a problem, but they violated the fundamental principle of fair and open competition. As FDOT’s General Counsel, I had to make the difficult but necessary decision to reject their bid entirely – on an estimated $201 million contract – because of these violations.

Breaking Down the Rules

Here’s what you absolutely need to know about the cone of silence:

The restriction applies to:

• Anyone from your company or representing your company
• Any communication about any aspect of the solicitation
• Contact with any state employee or legislative staff
• The period from solicitation posting through 72 hours after award

The only permitted communication is:

• In writing
• To the designated procurement officer
• As specifically allowed in the solicitation documents

Real-World Application

Here’s something I learned from overseeing FDOT’s procurement legal team: Most cone of silence violations happen not from bad intentions, but from panic when something goes wrong. In the Egis case, they waited until nine minutes before the deadline to submit their bid. When problems arose, they reached out to high-level contacts instead of following proper procedures.

Strategic Guidance for Success

Based on my experience handling these issues from both the agency and private sector perspective, here are my key recommendations:

1. Submit bids well in advance of deadlines
2. Maintain a single point of contact for all procurement communications
3. Document all communications in writing
4. Direct all questions solely to the procurement officer
5. Never assume personal relationships trump procurement rules

The Bottom Line

The cone of silence isn’t just another bureaucratic rule – it’s a fundamental safeguard of procurement integrity. As someone who’s had to enforce these rules at the highest levels of state government, I can tell you that no agency wants to disqualify an otherwise qualified bidder. But when cone of silence violations occur, they often have no choice.

For companies serious about government contracting in Florida, understanding and strictly following these communication restrictions isn’t optional – it’s essential for success. The stakes are simply too high to risk violation.

Need strategic guidance on Florida procurement matters? Contact Gellis Law, PLLC for sophisticated counsel informed by direct agency experience.