(1) A contracting agency may develop and maintain a qualified products list in instances
in which the testing or examination of goods before initiating a procurement is necessary
or desirable in order to best satisfy the requirements of the contracting agency.
For purposes of this section, “goods” includes products that have associated or incidental service components, such as
supplier warranty obligations or maintenance service programs.
(2) In the initial development of any qualified products list, a contracting agency
shall give public notice, in accordance with ORS 279B.055 (4), of the opportunity for potential contractors, sellers or suppliers to submit goods
for testing and examination to determine their acceptability for inclusion on the
list and may solicit in writing representative groups of potential contractors, sellers
or suppliers to submit goods for the testing and examination. Any potential contractor, seller or supplier, even though not solicited, may offer
its goods for consideration.
(3) A contracting agency's inclusion of goods on a qualified products list shall be
based on the results of tests or examinations. Notwithstanding any provision of ORS 192.410 to 192.505, a contracting agency may make the test or examination results public in a manner
that protects the identity of the potential contractor, seller or supplier that offered
the goods for testing or examination, including by using only numerical designations.
Notwithstanding any provision of ORS 192.410 to 192.505, a contracting agency may keep confidential trade secrets, test data and similar
information provided by a potential contractor, seller or supplier if so requested
in writing by the potential contractor, seller or supplier.
(4) The inclusion of goods on a qualified products list does not constitute and may
not be construed as a prequalification under ORS 279B.120 and 279B.125 of any prospective contractor, seller or supplier of goods on the qualified products
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