ORS 279B.115
Qualified products lists


(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 (Competitive sealed bidding) (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 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), 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 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), 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 (Prequalification of prospective bidders and proposers) and 279B.125 (Application for prequalification) of any prospective contractor, seller or supplier of goods on the qualified products list. [2003 c.794 §60]

Source: Section 279B.115 — Qualified products lists, https://www.­oregonlegislature.­gov/bills_laws/ors/ors279B.­html.

279B.005
Definitions
279B.010
Policy
279B.015
Applicability
279B.020
Maximum hours of labor on public contracts
279B.025
Procurement practices regarding recyclable and reusable goods
279B.030
Demonstration that procurement will cost less than performing service with contracting agency’s own personnel and resources or that performing service is not feasible
279B.033
Contents of cost analysis
279B.036
Determination of feasibility of procurement
279B.040
Prohibition on accepting bid or proposal from contractor that advised or assisted contracting agency to develop specifications or solicitation documents
279B.045
Contractor warranty and covenant concerning tax law compliance
279B.050
Methods of source selection
279B.055
Competitive sealed bidding
279B.060
Competitive sealed proposals
279B.065
Small procurements
279B.070
Intermediate procurements
279B.075
Sole-source procurements
279B.080
Emergency procurements
279B.085
Special procurements
279B.100
Cancellation, rejection, delay of invitations for bids or requests for proposals
279B.110
Responsibility of bidders and proposers
279B.112
Personnel deployment disclosure
279B.115
Qualified products lists
279B.120
Prequalification of prospective bidders and proposers
279B.125
Application for prequalification
279B.130
Debarment of prospective bidders and proposers
279B.135
Notice of intent to award
279B.140
Price agreements
279B.145
Finality of determinations
279B.200
Definitions for ORS 279B.200 to 279B.240
279B.205
Specifications to encourage reasonable competition
279B.210
Policy
279B.215
Brand name or equal specification
279B.220
Conditions concerning payment, contributions, liens, withholding
279B.225
Condition concerning salvaging, recycling, composting or mulching yard waste material
279B.230
Condition concerning payment for medical care and providing workers’ compensation
279B.235
Condition concerning hours of labor
279B.240
Exclusion of recycled oils prohibited
279B.270
State contracting agencies to use recovered resources and recycled materials
279B.275
Purchase of goods containing recycled polyethylene material
279B.280
Use of recycled products when economically feasible
279B.283
Condition concerning use of conflict minerals
279B.400
Protests and judicial review of approvals of special procurements
279B.405
Protests and judicial review of solicitations
279B.410
Protests of contract award
279B.415
Judicial review of protests of contract award
279B.420
Judicial review of other violations
279B.425
Review of prequalification and debarment decisions
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