Section 409 - Request for information.

UT Code § 63G-6a-409 (2019) (N/A)
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(1) The purpose of a request for information is to: (a) obtain information, comments, or suggestions from potential bidders or offerors before issuing an invitation for bids or request for proposals; (b) determine whether to issue an invitation for bids or a request for proposals; and (c) generate interest in a potential invitation for bids or request for proposals.

(a) obtain information, comments, or suggestions from potential bidders or offerors before issuing an invitation for bids or request for proposals;

(b) determine whether to issue an invitation for bids or a request for proposals; and

(c) generate interest in a potential invitation for bids or request for proposals.

(2) A request for information may be useful in order to: (a) prepare to issue an invitation for bids or request for proposals for an unfamiliar or complex procurement; (b) determine the market availability of a procurement item; or (c) determine best practices, industry standards, performance standards, product specifications, and innovations relating to a procurement item.

(a) prepare to issue an invitation for bids or request for proposals for an unfamiliar or complex procurement;

(b) determine the market availability of a procurement item; or

(c) determine best practices, industry standards, performance standards, product specifications, and innovations relating to a procurement item.

(3) (a) A request for information is not a procurement process and may not be used to: (i) solicit cost, pricing, or rate information; (ii) negotiate fees; (iii) make a purchase; 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.

(a) A request for information is not a procurement process and may not be used to: (i) solicit cost, pricing, or rate information; (ii) negotiate fees; (iii) make a purchase; or (iv) enter into a contract.

(i) solicit cost, pricing, or rate information;

(ii) negotiate fees;

(iii) make a purchase; 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.

(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.

(4) A response to a request for information is not an offer and may not be accepted to form a binding contract.

(5) A request for information may seek a wide range of information, including: (a) availability of a procurement item; (b) delivery schedules; (c) industry standards and practices; (d) product specifications; (e) training; (f) new technologies; (g) capabilities of potential providers of a procurement item; and (h) alternate solutions.

(a) availability of a procurement item;

(b) delivery schedules;

(c) industry standards and practices;

(d) product specifications;

(e) training;

(f) new technologies;

(g) capabilities of potential providers of a procurement item; and

(h) alternate solutions.

(6) 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.