1. Request for Information Title 5 of Utah Procurement Code Christopher Hughes

6. What is an RFI? A pre-solicitation conference, often convened through a documents. It is useful when a procurement officer needs information to prepare a competitive solicitation.

7. Common Approach “Get all the information you can, we’ll think of a use for it later.”

9. What is an RFI? 63G-6a-502. Purpose of request for information. (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 a request for proposals.

10. But why? (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.

12. Can I enter into a contract? 63G-6a-503. Request for information and response nonbinding. (1)A request for information is not a procurement process and may not be used to make a purchase or enter into a contract. A procurement unit is required to use a standard procurement process, or comply with an exception to the requirement to use a standard procurement process described in Part 8, Exceptions to Procurement Requirements, in order to make a purchase or enter into a contract. (2)A response to a request for information is not an offer and may not be accepted to form a binding contract.

14. What can we ask for? 63G-6a-504. Contents of request for information. A request for information may seek a wide range of information, including: (1)availability of a procurement item; (2)delivery schedules; (3)industry standards and practices; (4)product specifications; (5)training; (6)new technologies; (7)capabilities of potential providers of a procurement item; and (8)alternate solutions.

15. Will any one respond? 63G-6a-505. Protected information. Information submitted to or by a governmental entity in response to a request for information is protected under Section 63G-2-305. WITH LIMITATIONS…

16. The Limitations 63G-2-305. Protected records. (7)information submitted to or by a governmental entity in response to a request for information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict the right of a person to have access to the information, after: (a)a contract directly relating to the subject of the request for information has been awarded and signed by all parties; or (b) (i)a final determination is made not to enter into a contract that relates to the subject of the request for information; and (ii)at least two years have passed after the day on which the request for information is issued;

17. Example Cloud Service Provider Bid # CH16003 – Complicated bid – No clear industry standard from our perspective – Pricing schedules are complicated – The purpose of the solicitation was to gather industry information and feedback of the attached documents in preparation to solicit a NASPO ValuePoint contract in which the State of Utah is the Lead State.

18. Less Boring Example

21. Questions and Comments