(1) A procurement official may conduct market research prior to selecting a method of source selection pursuant to this part 2. The executive director may promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, to further define methods of conducting market research. (2) A request for information may be used as a method to obtain preliminary information about a market or type of available service or product when there is not enough information readily available to write an adequate specification or statement of work. A request for information may ask for input from potential vendors to assist the state in preparing a specification or statement of work for a subsequent solicitation and may ask for pricing information only with the provision that such information would be submitted voluntarily. The request for information must clearly state that no award will result from the request. (3) When market research has been conducted, the governmental body is not obligated to commit to a method of source selection and may determine that it will not pursue a procurement. (4) All responses to requests for information are confidential until after an award based on a subsequent solicitation has been made or until the procurement official determines that the state will not pursue a solicitation based on the request for information. After such time, the responses to a request for information shall be open to public inspection in accordance with the provisions of the "Colorado Open Records Act", part 2 of article 72 of this title 24.
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