1. (1) A procurement unit may issue a request for information to obtain information, comments, or suggestions before issuing a solicitation.

2. (2)

   1. (a) A request for information is not a procurement process and may not be used to:

      1. (i) negotiate fees;
      2. (ii) make a purchase;
      3. (iii) determine whether a procurement may be made under Part 8, Exceptions to Procurement Requirements; or
      4. (iv) enter into a contract.

   2. (b) To make a purchase or enter into a contract, a procurement unit is required to:

      1. (i) use a standard procurement process; or
      2. (ii) comply with an exception to the requirement to use a standard procurement process, as described in Part 8, Exceptions to Procurement Requirements.
3. (3) A response to a request for information is not an offer and may not be accepted to form a binding contract.
4. (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. (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