Requests for information — Definition.
Ark. Code Ann. § 19-11-279
in effect(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 § 19-11-229 or a competitive sealed proposal procurement under § 19-11-230.
(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.
(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.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=782.pdf&ddBienniumSession=2025%2F2025RFetched: 11/8/2026
