(1) 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 § 19-11-229 or a competitive sealed proposal procurement under § 19-11-230.
(2) 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.
(3) 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.
(4) A contract shall not be awarded directly from a request for information.
(5) 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: The bids for a competitive sealed bidding procurement are opened publicly;
(6) The notice of anticipation to award is given for a competitive sealed proposal procurement; or
(7) A decision is made not to pursue a procurement based on the request for information.