24.4 Confidentiality

24.4.1 Communications with potential suppliers prior to RFP posting/release

It might be useful to exchange information with potential suppliers prior to posting the RFP to improve the supplier community’s understanding of the project’s requirements. Pre-solicitation exchange of information between the procuring agency and the supplier community can identify and resolve concerns regarding the project’s acquisition strategy (Is it appropriate for the type of solution or product being procured?) or the proposed contract type. Suppliers can also provide input regarding the feasibility of the requirements anticipated for inclusion in the RFP, including performance requirements, statements of work and data requirements.

§2.2-4373 of the Code of Virginia (Participation in bid preparation; limitation on submitting bid for same procurement.) provides that: "No person who, for compensation, prepares an invitation to bid or request for proposal for or on behalf of a public body shall (i) submit a bid or proposal for that procurement or any portion thereof or (ii) disclose to any bidder or offeror information concerning the procurement that is not available to the public. However, a public body may permit such person to submit a bid or proposal for that procurement or any portion thereof if the public body determines that the exclusion of the person would limit the number of potential qualified bidders or offerors in a manner contrary to the best interests of the public body."