§ 63G-6a-409 — Request for information.

(1) A procurement unit may issue a request for information to obtain information, comments, or suggestions before issuing a solicitation.
(2) (2)(a) A request for information is not a procurement process and may not be used to:
(2)(a)(i) negotiate fees;
(2)(a)(ii) make a purchase;
(2)(a)(iii) determine whether a procurement may be made under Part 8, Exceptions to Procurement Requirements; or
(2)(a)(iv) enter into a contract.
(2)(b) To make a purchase or enter into a contract, a procurement unit is required to:
(2)(b)(i) use a standard procurement process; or
(2)(b)(ii) comply with an exception to the requirement to use a standard procurement process, as described in Part 8, Exceptions to Procurement Requirements.
(3) A response to a request for information is not an offer and may not be accepted to form a binding contract.
(4) A procurement unit that receives pricing information in response to a request for information shall ensure that an individual who serves on an evaluation committee to evaluate proposals that include a proposal as to which the pricing information applies does not have access to the pricing information, except as provided in Subsection 63G-6a-707(7).
(5) A record containing information submitted to or by a governmental entity in response to a request for information is a protected record under Section 63G-2-305.

Legislative History

Amended by Chapter 257, 2020 General Session