(1) A procurement unit may issue a request for information to obtain information, comments, or suggestions before issuing a solicitation. (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 Part 8, Exceptions to Procurement Requirements; 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. (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.
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