(a) As used in this section, “request for information” means a procedure for formally requesting information, data, comments, or reactions from prospective bidders or offerors in contemplation of a possible competitive sealed bidding procurement under § 19-61-505 or a competitive sealed proposal procurement under § 19-61-506.
(b) The State Procurement Director, a head of a procurement agency, or a designee of the director or of a head of a procurement agency, may issue or authorize another person to issue a request for information.
(c) A request for information under this section shall be published in the same manner and location as an invitation for bids, a request for proposals, or a request for qualifications.
(d) A contract shall not be awarded directly from a request for information.
(e) Information provided in response to a request for information under this section is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., until:(1) The bids for a competitive sealed bidding procurement are opened publicly;(2) The notice of anticipation to award is given for a competitive sealed proposal procurement; or(3) A decision is made not to pursue a procurement based on the request for information.
(1) The bids for a competitive sealed bidding procurement are opened publicly;
(2) The notice of anticipation to award is given for a competitive sealed proposal procurement; or
(3) A decision is made not to pursue a procurement based on the request for information.
(f) A response to a request for information under this section is not required for a vendor's bid, proposal, or statement of qualifications and performance data to be accepted unless the response requirement is:(1) Explicitly stated in the invitation for bids, request for proposals, or request for statements of qualifications and performance data; and(2) Approved by the director or the head of the procurement agency.
(1) Explicitly stated in the invitation for bids, request for proposals, or request for statements of qualifications and performance data; and
(2) Approved by the director or the head of the procurement agency.