1. (a) Restrictions on use. A specification for commodities may include a qualified products list only when the State Procurement Director has approved in writing the written determination of the agency procurement official or Office of State Procurement that the:

   1. (1) Interests of the state require assurance before award that the desired commodity is satisfactory; and
   2. (2) Cost or the time required to test before award would be excessive.

2. (b) Notice of intent to adopt a qualified products list.

   1. (1) Whenever it is determined to include a qualified products list in any specification or to adopt such a list, prompt notice of the intent shall be given to all reasonably known makers and suppliers of the affected commodity.
   2. (2) Such notice shall describe all requirements for achieving qualification.

3. (c) Written records of evaluation.

   1. (1) Detailed written records shall be made of the evaluation of any and all commodities offered for inclusion on any qualified products list.
   2. (2) Except for records which contain trade secrets or other proprietary information, those records shall be made available for inspection by any member of the public upon request.

Codification Notes: This section was promulgated as R4:19-11-241 of the Procurement Rules prior to codification into the Code of Arkansas Rules.