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effectively used to identify the functions of an acceptable product or to ensure the <br />quality of the product, given the nature, complexity and substance of the product. <br />(a) A brand name or equal Specification may be used when the use of a brand name <br />or equal Specification is advantageous to the city because the brand name <br />describes the standard of quality, performance, functionality and other <br />characteristics of the product needed by the city. <br />(b) The Solicitation Agent is entitled to determine what constitutes a product that is <br />equal or superior to the product specified, and any such determination is final. <br />(c) Nothing in this subsection 6.4.2 may be construed as prohibiting the city from <br />specifying one or more comparable products as examples of the quality, <br />performance, functionality or other characteristics of the product needed by the <br />city. <br />(d) Any Solicitation using a “brand-name-or-equal” Specification shall describe the <br />process by which Offerors may obtain approval of equivalent products at least <br />seventy-two (72) hours prior to the Solicitation Closing. <br />6.4 .3QPL. <br />UALIFIED RODUCT ISTS <br />6.4 .3 .1 Purpose. <br /> The Solicitation Agent may develop and maintain a qualified <br />products list in instances in which the testing or examination of Goods before <br />initiating a Procurement is necessary or desirable in order to best satisfy the <br />requirements of the city. For purposes of this subsection, “Goods” includes <br />products that have associated or incidental service components, such as supplier <br />warranty obligations or maintenance service programs. <br />6.4 .3 .2 Notice. <br /> In the initial development of any qualified products list, the city shall <br />give public notice, in the same way that Solicitations for Procurements are <br />issued, of the opportunity for potential contractors, sellers or suppliers to submit <br />Goods for testing and examination to determine their acceptability for inclusion <br />on the list and may solicit in writing representative groups of potential <br />contractors, sellers or suppliers to submit Goods for the testing and examination. <br />Any potential contractor, seller or supplier, even though not solicited, may Offer <br />its Goods for consideration. <br />6.4 .3 .3 Test Results. <br /> The city’s inclusion of Goods on a qualified products list shall be <br />based on the results of tests or examinations. Notwithstanding any provision of <br />ORS 192.410 to 192.505, the city may make the test or examination results <br />public in a manner that protects the identity of the potential contractor, seller or <br />supplier that offered the Goods for testing or examination, including by using <br />only numerical designations. Notwithstanding any provision of ORS 192.410 to <br />192.505, the city may keep confidential trade secrets, test data and similar <br />information provided by a potential contractor, seller or supplier if so requested <br />in writing by the potential contractor, seller or supplier. <br />Article 6 General Rules for Solicitations Page 28 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />