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.

Terms Used In Utah Code 63G-6a-409

  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
  • Request for information: means a nonbinding process through which a procurement unit requests information relating to a procurement item. See Utah Code 63G-6a-103
  • Solicitation: means an invitation for bids, request for proposals, or request for statement of qualifications. See Utah Code 63G-6a-103
  • Standard procurement process: means :
(a) the bidding process;
(b) the request for proposals process;
(c) the approved vendor list process;
(d) the small purchase process; or
(e) the design professional procurement process. See Utah Code 63G-6a-103
(2) 

(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 8; 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 8.

(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

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