<br><br>45A.415 Specifications -- Items considered equal may be furnished -- Proprietary <br>products. <br>(1) The local public agency shall use specifications which assure the maximum <br>practicable competition to meet the agency's needs. <br>(2) Local public agencies shall ensure that every invitation for bids or request for <br>proposals provides that an item equal to that named or described in the <br>specifications may be furnished. The specifications may identify a sole brand in <br>cases where, in the written opinion of the chief procurement officer, documented <br>unique and valid conditions require compatibility, continuity, or conformity with <br>established standards. An item shall be considered equal to the item named or <br>described if, in the opinion of the owner and the design professional responsible for <br>the specifications: <br>(a) It is at least equal in quality, durability, strength, design, and other criteria <br>deemed appropriate; <br>(b) It will perform at least equally the function imposed by the general design for <br>the public work being contracted for or the material being purchased; and <br>(c) It conforms substantially to the detailed requirements for the item in the <br>specifications. <br>(3) A specification which describes a product which is proprietary to one (1) company <br>may be used only when no other kind of specification is reasonably available to <br>describe requirements. <br>Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 47, sec. 3, effective July 15, 2008. -- Created <br>1978 Ky. Acts ch. 110, sec. 84, effective January 1, 1980. <br><br>