63G-6a-409. Request for information.
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Effective 5/12/2020
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.
(a)A request for information is not a procurement process and may not be used to:
(i)negotiate fees;
(ii)make a purchase;
(iii)determine whether a procurement may be made under Part 8, Exceptions to Procurement Requirements ; or
(iv)enter into a contract.
(b)To make a purchase or enter into a contract, a procurement unit is required to:
(i)use a standard procurement process; or
(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 .
Amended by Chapter 257 , 2020 General Session